Hiring a workman’s comp lawyer is a fundamental requirement if you are seeking benefits by filing your case with an employer. The lawyer would make a significant impact on your case and can practically take the course of the case in your complete favor. Workers’ compensation lawyers like Mark Vomacka Larson specialize in the legal practice of assisting their clients, to fight for all the benefits and money owed to them. Mark Larson is a prime example of an American lawyer who has recovered millions of dollars in benefits for his clients. Mark is associated with a California-based legal firm called Larson, Larson, & Dauer and throughout his professional experience, he has notably established himself as one of the more recognized, younger southern California lawyers, in the legal profession.
If you want to assess the performance of your client then the example of Mark Larson is ideal for you. Since Mark has certain characteristics which make up an ideal lawyer, it is your right to make sure your own lawyer finishes in the same way. So, here is what you should be considering in your lawyer:
Availability of your lawyer – Your lawyer should give you an utmost priority. Their office needs to be a call or meeting away, ready to assist you and help answer any questions that you may have. Mark Larson is always on the look for thoroughly listening to the plight of his clients because this allows him to better assess the case and take necessary measures from that point. A good lawyer would ask you the right questions and will be available when needed.
Breakdown of fees and other costs – Many lawyers get paid on a contingency basis. In workers’ compensation, your lawyer will get a minimal percentage of your recovery, but It depends on the laws of your state. Usually, it is around 10 to 20 percent. A great lawyer would advise you regarding additional costs and who would explain who is liable to cover them. Besides, they would sign a written agreement with you and the contract would tell you the exact measure of expenses, just like how Mark Larson does.
Their personal insights on the case – A good lawyer’s legal prowess would come into play here as they would be able to make the right comments and draw an outline on your case. They would give you a realistic assessment regarding your case and every step that would occur in the legal course. They would also help you prepare for a deposition. They would also tell you the right facts regarding your medical improvement, type of benefits you qualify for and any word regarding a settlement.
Their ability to define your role – Most importantly, the lawyer should advise you regarding your contribution to the case. You have a huge part to play here and not to prompt complications or delays, it remains a matter of you doing more than just asking. Your lawyer would always lay great emphasis on you siding with the truth. They would also guide you on necessary medical appointments, documentation and the level of your cooperation with them.
This is an overview of the merit by which you need to draw a judgment about the integrity and credibility of your lawyer. Most lawyers have a professional duty towards their clients and you stand with every right to call them out should they slip away from the course.
Workers’ compensation is a very limited system, unique to each state, and is only intended to provide benefits to those employees injured during the course and scope of their employment. In certain cases, 1099 or contract employees may also be covered under workers’ compensation. The reason for this is due to employer attempts to misclassify workers to avoid the costs of workers’ compensation insurance and the workers’ compensation system.
Workers’ compensation is generally speaking a no-fault system. This means that an injured employee is eligible for workers’ compensation even if the employer is not negligent. That being said, injuries sustained due to the fault of third parties (for example, negligent drivers in motor vehicle accidents) allow for you to receive workers’ compensation benefits as well as possibly recover compensation from negligent third parties.
Workers’ compensation is an unique area of law that provides each injured employee with rights to medical treatment and other benefits. Many times the employee rights to these benefits are denied by the insurance company. For that reason, it is very common for an employee to seek legal representation and subsequent court intervention.
There are two broad prerequisites that must be met prior to filing a workers’ compensation claim. First, the injury must occur in the course and scope of employment. This simply means that the injury should happen while you are performing your official duties. The second is that you must sustain a physical or psychological injury. If you have both of these, you should immediately report your injuries to your employer.
Due to the complicated nature of these workers’ compensation claims, there are many myths that are attached to this area of law. To help clear any ambiguity, here are two of the most common myths regarding workers compensation law, and are simply not true:
This is one of the most common myths or misconceptions of workers compensation claims as people believe that you can only file a claim if they are not at fault or partly at fault. However, this is not true. If you are injured during the course of your employment, then you can still receive workers’ compensation benefits and can have your injuries covered irrespective of fault.
It is imperative to understand that workers’ compensation is a no -fault-based system (generally) and that you have a full understanding of what to expect when filing a claim. High-end attorneys, such as Mark V. Larson, will first sit down personally with each of their prospective clients, to fully assess your claim. Mark will also explain what kinds of benefits you can expect to eventually receive. Mark V. Larson is currently a partner at Larson, Larson and Dauer and ALC, he is an American attorney who specializes in workers’ compensation.
This is the first thing that comes to most people’s minds if they are injured during the course of their employment. However, it is not true by an aspect. If you make a claim for workers’ compensation and your employers threaten to fire you, then you may seek immediate legal action under a workers’ compensation Labor Code 132(a) claim and you may sue your employer in civil court for, including, but not limited to retaliation, harassment and discrimination.
Under the workers’ compensation law, no organization is allowed to terminate an employee merely on the grounds that they filed a claim against the company. These laws are present at federal and state level to ensure that employees do not abstain from seeking workers compensation because they fear that they will lose their job. This can actually get your company into far more trouble and will lead to substantial penalties if they are proven guilty of wrongful termination. The Judge can also require your employer to pay your full attorney fees, leaving the full settlement for you.
If you are currently planning on filing a workers’ compensation claim, then do not wait too long to file a claim, as there is statute of limitations. The law provides the employee with ample time to file a claim, but there are certain limits, each state has their own time frame in which a claim is valid.
Posted from: https://genderjusticela.org/workers-compensation-myths-debunked/
If you were recently terminated from your job, then you may be wondering whether your employer has acted within their rights. The law provides both the employee and the employer with a plethora of rights that can be enforced. An employer can simply fire an employee without a reason and if an employee is illegally fired, then they may seek legal action against their employers.
However, before you even decide to make a claim, it is crucial that you understand what exactly the law considers as wrongful termination. Since employees are employed at will, this means that an employer can fire them for any reason that is not discriminatory in nature. Your employer can fire you even for the most trivial reason and can do so without prior warning. This means that your employer is well within their rights to fire you without any notice and can also refuse to provide a reason for the dismissal.
Furthermore, most companies will aptly categorize a dismissal as a lay off in order to avoid breaking the law. In a nutshell, you can usually only seek legal action against your employer for wrongful termination, if the reason provided is discriminatory in nature. Each state has its own set of rules and regulations that define the term discriminatory in legal terms. However, on a federal level, there are certain examples of wrongful termination. Some of these examples are:
If an employee is fired due to any of the reasons mentioned above, then they may seek legal action immediately. It is imperative that you obtain the help of a seasoned professional, such as Mark Vomacka Larson, because your employer will already have an entire legal team, usually provided by their insurance, ready to handle the issue. Mark Larson had started working in the legal industry from the age of seventeen and he currently specializes in Labor and employment cases. Even with a professional at your side, there are still many factors which you should take into perspective. Some of the questions you should ask yourself are:
Do You Really Feel That Your Termination Was For Discriminatory Reasons?
As mentioned before, you can usually only make a claim if the reason for the termination was discriminatory in nature. So you should really sit down and analyze the reason provided by your employer. If you feel that it might not be discriminatory, then it is probable that a judge and jury might also share your view.
Are You Ready To Invest Time And Money Into The Case?
If you have recently been fired, then you will understand how precious time really is. You should ask yourself, whether you want to dedicate the next few years of your life, helping your attorney litigate these issues in court. When considering litigation, also consider that you might be preventing this employer from repeating their actions towards somebody else. Not only is the monetary aspect a reason for pursuing litigation, but the preventative and protective reasons are important as well. However, cases take a substantial amount of time and money, so it is important to balance all the pros and cons.
Furthermore, it is imperative that you seek the help of a professional when fighting a battle in court. Not only does this increase your chances of winning the case, but it also helps you get the highest benefit.
by: Julian Vigo
The present state of employment today is one that most would never have predicted twenty years ago. Sure, some foresaw working remotely, but most did not predict the swift decline of corporations and companies to take on salaried workers. In tandem with the rise of the internet from the early 1990s, there has been a shift in the workforce from those holding salaried positions in 1990 to today where the freelance workforce is quickly taking over.
Today more than one-third of the US workforce is freelance and this number is expected to rise steadily in the coming years. The number of American freelancers has increased by 3.7 million since 2014 and 74% of the freelance workforce started freelancing in the past 5 years. What this means is that workers, while perhaps having more independence, are caught within machinery where certain rights are virtually non-existent. Long gone are the days of mandatory paid leave as was underscored last week by HoneyBook, a business management platform for entrepreneurs and freelancers. Its study examines the vacation habits of freelancers in the US and found that 92% of freelancers work on vacation. While some are finding that freelancing liberates them from salaried careerist impediments that most women face, for instance, there are finding that freelancing is helpful for them in returning to the workforce where there is a necessity to have a flexible work schedule.
Certainly, the market response to the changing job market has produced myriad companies which hire online workers from Fiverr to Freelancer.com with some in this industry predicting that salaried jobs will soon be a thing of the past. In addition to platforms which provide freelance workers to those hiring and jobs to those looking for work, there is a rise in applications meant to assist the freelancer with all the bureaucracy associated with independent work. Nodal is one such company that has risen to the challenge and offers not only the bureaucratic bells and whistles of timesheets, bookkeeping and guaranteed weekly payments through ledger technology, but it will also use an AI-led algorithm that will allow employers to search for talent via multiple data points, matching the best freelancers for the right job. Oliver Hibbs-Brockway, CEO of Nodal, recently told me that his company “disrupts the traditional recruitment market that operates in inefficient silo infrastructures and offers a hassle-free marketplace for both recruitment and freelancing.” Like many others in the world of online recruitment and freelance solutions, he believes that the culture of online work will become the more typical workforce model of the future.
However, freelancers face more pressing concerns than simply no holiday leave. There are studies which show that there is serious concern regarding access to healthcare and retirement plans which are often the top reasons why people stick with employment contracts. But it’s not as if working as an employee is free from its own set of problems today. Struggles for pay equity that women face and the need for workers’ compensation for blue-collar jobs are just two of the areas that make salaried employment undesirable for some. Additionally, for those unhappy with some of the pressures of salaried employment, many are uncertain if to let go of the many of the benefits that full-time employment offers.
Earlier this week, I spoke with Mark Larson of Larson, Larson & Dauer where he covers workers’ compensation cases. Larson tells me, “The entire workers’ compensation system, like everything, is political and due to the insurance companies unlimited money to lobby for legal changes that protect their own interests, the system is becoming highly complex and much worse than it has ever been.” Critiquing the system overall Larson tells me that if the workers’ compensation system were allowed to function as was its original design, there would be fewer claims and bureaucratic processes than result in low settlements. In fact, just last month the discussion around freelancers and workers’ compensation came to a head in California where businesses are being challenged by a potential law which would make it harder for them to classify workers as independent contractors in order to avoid paying unemployment insurance taxes and workers’ compensation premiums.
Still, many freelancers and independent contractors are highly skilled professionals who work in creative fields, information technology and copywriting and they are less likely to be injured on the job. In fact, the field of freelance work is quickly expanding. One recent boom in online freelance work has been in the field of tutoring which now includes Hong Kong startup Snapask and Cluey Learning based in Australia, among dozens of other online tutorial companies which rely almost entirely on the freelance workforce. While many argue that online tutoring is changing the face of learning, it is also changing how teaching is performed and how tutors are now self-stylized gurus working from the convenience of their home while, in some cases, being handsomely paid. In India and China where education is highly prized, apps linking students to online tutors have made a billionaire of Byju Raveendran, founder of BYJU’s which managed to snag Shahrukh Khan as the public face of the company. Still, there are concerns that even tutors will be prey to the same financial burden that freelancers in other professions face from unemployment insurance, healthcare costs and pensions.
For the freelancer, these costs either have to be taken on independently or skipped entirely placing the freelancer in an economically precarious situation in the case of injury. Yet, there is light at the end of the tunnel as more and more freelancers and those working the gig economy are being entirely employed through the internet such that Deliveroo, Uber, and other online platforms in certain countries are being made to carry the responsibility of these workers. Last week a Madrid court ruled that Deliveroo couriers are not self-employed but are employees. Given the recent legal battles of the same in the UK with Uber drivers where Uber lost its case in December and are entitled to workers’ rights, we are seeing a turnaround in how the gig economy and freelancing might work in the future from a legal and fiscal standpoint. And this too will have repercussions socially and culturally beginning with, as the Uber case in the UK challenged, how much the individual worker controls her schedule and how much does the online company hold her to a specific schedule, just for starters.
While the gig economy is said to be booming according to some experts, there may be blowback to the recent court cases in London and Madrid concerning gig economy workers from larger corporations with money to burn in courtroom battles. Some companies are getting ahead of the problem with Google having recently announced that partnering companies would have to pay contract workers a minimum wage of $15 per hour in addition to health benefits. Others, however, are mute on this point riding the wave of whatever benefits they can reap from this situation. And still some view this economy as something that will not go very far due to the overall lack of labor protections and bargaining rights that those workers in unions maintain. Online freelance work is expanding, but to what degree this sector of the labor market is integral to our work culture is yet to be seen.
In this video, Attorney Mark Larson gives a practical explanation of the California workers' compensation. The purpose of this video is to clarify some misnomers of workers' compensation.
In this video, Attorney Mark Larson gives a practical explanation of workers' compensation. The purpose of this video help people relax and have an understanding of why depositions are taken.
In this video, Attorney Mark Larson explains how to start a workers' compensation claim, without an attorney. Mark specifically explains how to PROPERLY fill out a DWC -1 Form and submit it.
In this video, Attorney Mark Larson explains what it means when your workers' compensation claim has been DENIED. He also gives a quick explanation how your cases progresses from this point.
As a renowned expert in the legal sphere, particularly in workers’ compensation and personal injury cross-over cases, Mark V. Larson of Larson, Larson & Dauer brings an impressive track record. His vast experience spans over many years and includes an undefeated track record, leading to millions of dollars secured in settlements for his clients. This puts him uniquely positioned to educate others about the complexities involved in such cases.
According to Larson, a “cross-over case” is commonly used in the context of workers’ compensation cases. It refers to a scenario when multiple cases or claims arise from a single incident and are litigated simultaneously. Since California workers’ compensation generally operates under a no-fault system, an injured employee is eligible for workers’ compensation irrespective of employer negligence. But what if the injury was due to a third party’s fault?
“Injuries sustained due to the fault of third parties, such as negligent drivers in motor vehicle accidents, open up the possibility for you to receive workers’ compensation benefits, as well as potentially recover compensation from negligent third parties,” explains Larson. “Understanding this difference and the potential for greater compensation is crucial.”
At the core of these cases lies a fundamental yet often overlooked distinction. Workers’ compensation only provides very limited benefits and does not include those benefits available in civil cases, such as pain and suffering or other common general damages. However, a separate personal injury claim can be filed concurrently with the workers’ compensation claim to seek compensation for these additional damages, not otherwise provided in the workers’ compensation system.
“In cases involving severe injuries, the difference in the monetary recovery between the two can be vast, particularly when considering pain and suffering, cases requiring life care plans and loss of earnings capacity. That’s why hiring an experienced cross-over attorney in these situations is so vital,” Larson adds.
Two common civil claims are often involved in workers’ compensation cross-over cases. The first is referred to as a third-party claim and this is where another party, not your employer, directly or indirectly caused the injury, hence the term third-party. The second civil claim doesn’t involve a third party, but includes employment law causes of action against the employer, such as wrongful termination and/or discrimination. These employment law causes of action often include monetary compensation, which greatly exceeds what is available in workers’ compensation and can include punitive damages, loss of earnings and even an award of attorney fees.
Larson explains that the fault in third-party claims may not be readily apparent in certain situations. “There can be many non-transparent third-party claims, like construction defect and product liability cases. For instance, if a faulty door hinge installed by an outside company leads to an injury at work, you have a workers’ compensation claim, but there could also be a third-party claim against that outside company.”
Mark V. Larson, with his profound experience and expertise, stresses the importance of hiring an experienced cross-over workers’ compensation attorney in the event of a severe accident at work. Having helped secure hundreds of millions in settlements for his clients, he knows the value that expert legal guidance brings to such cases.
To learn more about Mark V. Larson’s expertise and services, visit the Larson, Larson & Dauer website athttps://larsondauer.com/mark-v-larson/.
While every case is unique, Larson’s track record and dedication to his clients stand out, making him a compelling figure in the legal field. He offers a wealth of wisdom and experience, underlining the importance of understanding the nuances of workers’ compensation and personal injury cross-over cases.
“Ultimately, the goal is to ensure you receive the maximum compensation you’re entitled to. That means looking beyond just workers’ compensation to other potential sources of recovery,” Larson concludes.
Few names in the large and complex field of workers’ compensation law are as firmly associated with the spirit of advocacy and justice as Mark Vomacka Larson. Born in Los Angeles and raised in Camarillo, California, Larson’s early exposure to insurance abuses profoundly affected him. It helped him to dedicate his life to the practice of law and change. Equipped with a Juris Doctorate degree and a Bachelor of Business Marketing degree, he set out to defend workers’ rights.
Larson is acknowledged for his proficiency in workers’ compensation and complicated litigation. He has been named a partner at the esteemed Larson, Larson & Dauer, ALC, situated in Mission Hills, Los Angeles, California. He has demonstrated his commitment to helping clients who have had catastrophic occupational injuries by taking on cases including traumatic brain injuries and amputations. His strategy goes beyond simple legal representation, giving each client specific attention and taking on strong opponents, such as incredibly influential insurance corporations.
While Larson focuses his practice on these catastrophic type injuries, he is also very passionate in defending and helping clients who have been bullied in the workplace.
Although productivity and respect for one another should be the norm at work, reality frequently indicates otherwise. Bullying at work is a severe problem that jeopardizes workers’ mental health and general well-being. People often find themselves defenseless, much like David did when he faced Goliath, who in this scenario, is the employer and/or insurance company. However, it’s essential to realize that workers have legal safeguards in place, and those who face such difficult obstacles have options.
Bullying can take many different forms, including verbal abuse, intimidation, and exclusion. All of these can lead to a toxic work environment. Recognizing that such behavior is not just immoral, but frequently unlawful, is the first step in combating it. Employers are required by law to provide a safe workplace, which includes defending staff members against harassment of any kind.
All workplace bullying incidents should be thoroughly documented for those who are victims. All possible witnesses, dates, and times should be included in this record. These records are important for taking additional action, such as submitting a workers’ compensation claim or pursuing an employment law case. Please recall that workers’ compensation claims can cover psychological harm caused by bullying, such as anxiety, sadness, or PTSD, even though it is typically linked to physical ailments. Additionally, a common cause of action for this psychological harm can be made in employment law cases for intentional infliction of emotional distress.
Please understand that employers are held responsible for upholding a safe workplace. If the employer is ignoring your complaints of an unsafe workplace, you can often get their attention by filing a workers’ compensation claim. Not only can workers’ compensation provide you with monetary compensation, but it also might lead to the employer implementing preventative measures inside the organization. This can include anti-bullying policies and support and remedies for employees experiencing bullying in the workplace.
It is understood that the procedure of filing a workers’ compensation claim can be intimidating and challenging. This is especially the case when there has been bullying or other types of emotional and very personal type of injuries you are experiencing. In these types of scenarios, it is critical that you seek the advice of experts, such as workers’ compensation attorneys. You might also be recommended to speak with an employment law attorney.
It is important to note that nobody should feel alone or unsupported, according to Mark Vomacka Larson. The entire foundation of a healthy work environment is contradicted by workplace bullying, which is why tackling it benefits the person as well as creating a more positive and productive work environment for everyone.
“We can help you defeat Goliath.”
In addition to upholding his promise to his clients, Mark Vomacka Larson helps to create a more equitable and just workplace culture by fighting for these rights and taking firm action against workplace bullying. For many people in the legal community and beyond, his unwavering pursuit of justice and commitment to his client’s well-being keep him shining as a source of optimism.
Published by: Nelly Chavez
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