Los Angeles Personal Injury Attorneys

Thursday, June 10, 2010

Workers Compensation claim and Personal Injury lawsuit in Bike Messenger Accidents

Bike Messengers are faced with increasing risks in Los Angeles streets. The minimal protective gears that a bicyclist can wear expose the body to catastrophic injuries against a speeding vehicle.

Bike messengers have helmets as their only required gear. Some cyclists use protective jacket and pants to prevent bruises and minor injuries.

The government recognizes the value of bike messengers who assist companies in daily office functions. Because of this, the government has issued various federal and state laws on helmet use for all cyclists to prevent serious injuries.

Common causes of bike messenger accidents

1. Hitting on red light
2. Failure to give signal or warning when making a sudden left or right turn
3. Over speeding
4. The vehicle driver failed to notice the bicyclist
5. Failure to give way to the other motorist.
6. Not wearing helmet

Common injuries caused by bicycle accident

1. Head and brain injury
2. Whiplash and neck sprain
3. Spinal cord injury
4. Broken/ fractured bone
5. Paralysis or neurological injury
6. Bruises
7. Psychological effect caused by trauma

If you are an employed bike messenger in Los Angeles, and you sustained injuries in an accident; you may seek compensation for your hospital expenses. You are entitled to a Workers Compensation benefit. You will need to gather your medical records, evidence from accident scene, and employment documents to file your claim.

The employer should compensate the amount of your hospital bills and provide you with needed assistance to regain your post. Workers Compensation claim will only be applicable if the accident occurred during work.

Workers Compensation claim has limited coverage for your losses. You may need to file a personal injury lawsuit to finance long term medication or therapy due to catastrophic injuries sustained.

Personal injury lawsuit will assert other forms of losses like pain and suffering and loss income. You will need to gather more evidence like photos from the accident scene, copy of police report, witness statements, hospital documents, expert statement, and summary of medical treatment expenses.

The amount of damages that you can recover from a personal injury lawsuit may help you finance surgery and physical therapy. Should the court allow structured payment, it will provide regular allowance for your family’s needs.

Workers Compensation claim and Personal injury lawsuit can be filed simultaneously. Workers Compensation benefit is your right as an employee, while filing a personal injury lawsuit is your right as a citizen of United States. Consult with a professional lawyer in Los Angeles and learn more on how to file your case.

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