Boca RATON Workers Compensation Lawyer
It is inevitable that people get hurt while on the job. The workplace is a setting in which a myriad of injuries can occur depending on the nature of the work and for many, these injuries present a significant disruption to their life. While certain industries such as construction and manufacturing can cause a large number of particularly severe injuries, people can suffer workplace injuries regardless of their career. This is why workers’ compensation exists so that those harmed on the job are able to get the money they need to handle workplace injury damages like medical bills in a timely and efficient manner.
How Workers Compensation is handled in FLorida
In Florida, worker’s compensation insurance is required for most companies and will cover injured employees regardless of whether or not they contributed fault to the accident that caused their injury. This works to the benefit of most cases of workplace injuries since it removes the need to exhaustively debate fault and negligence and allows for streamlining that gets injured workers the compensation they need faster. Without this, the vast number of workplace injuries would lead to swaths of litigation that would drag on for years, stifle the courts, and delay much-needed compensation.
The question of how much compensation those harmed in workplace accidents receive is also streamlined. In a normal personal injury case, there can be a substantial amount of time and effort invested into determining the value of damages suffered and negotiating agreed-upon compensation. With Florida workers’ compensation, this is fast-tracked by using formulas to determine a fair amount of compensation for injured employees.
Damages and Workers Compensation Benefits
Unfortunately, this does not include non-economic damages like pain and suffering that may be suffered because of a workplace injury. Workers’ compensation benefits instead only cover economic damages such as medical bills and lost wages. However, by removing this from the equation, injured workers can receive compensation within weeks instead of potentially years in certain cases.
Florida Workers Compensation Benefits
Medical care, which includes doctor visits, prescriptions, medical devices, tests, therapy, etc.
Temporary disability benefits, including temporary total disability and temporary partial disability
Impairment benefits
Permanent total disability benefits
Death benefits
Common Workers Compensation Injuries
While workplace injuries can vary wildly in type and severity, the following are some of the most common severe injuries that are part of workers comp claims.
Head Injuries (concussions, brain contusions)
Back and Neck Injuries (herniated discs, dislocation)
Knee and other Joint Injuries (sprains and strains)
Occupational Diseases
Repetitive Motion Injuries (Carpal Tunnel, Tendonitis)
Burns
Severe Lacerations and Contusions
Broken or Fractured Bones
Seeking Compensation Beyond Workers Compensation
While not worrying about blame for the injury works to the benefit of many injured employees, there are many situations where the nature of the negligence that caused a workplace accident can lead to seeking compensation beyond the usual workers’ comp process.
For example, worker’s compensation typically ignores blame when it comes to the injury’s cause but sometimes an injured worker may have not contributed any fault, and instead, the injury was caused by the employer acting in an intentionally harmful way or engaging in particularly gross negligence. This is where workers comp protections end for employers and they can be held accountable for their actions by injured employees.
Third Parties and Workplace Injury Lawsuits
You may also be able to seek compensation beyond the amount available through workers’ compensation if you were harmed because of the negligence of a third party. Some on-the-job accidents may involve defective equipment made by a third party. Sometimes an injury may have been caused by the actions of third-party contractors or subcontractors not affiliated with your employer. These third parties can be sued for the damages their negligence helped to cause.
Denial of Workers Compensation
There is also the issue that can be posed by the denial of any workers’ compensation at all. If an employer fails to provide any workers compensation to their employees because they have not followed the law and failed to purchase workers comp insurance then the injured employee may be able to take legal action against the employer.
What is more likely is the employer or insurance may deny an employee workers compensation benefits and put them in a very difficult situation. Despite blame not factoring into whether or not someone gets workers’ compensation, there are a number of ways someone can have their workers comp benefits denied.
The employer claims the injury occurred outside of work
Failure to file a claim in time
Waiting too long to make an injury report
The injury is considered a pre-existing condition
Lack of evidence the injury occurred at work
There are drugs in the employee’s system
Discrepancies between medical records and the accident report
The claim was fired after employment was terminated
Failure to provide a recorded statement or record medical authorizations for the insurance company
Those that have had their right to workers’ compensation denied may be able to appeal. This is accomplished by the employee filing a Petition for Benefits which leads to a hearing with a judge after all attempts to mediate a fair resolution with both parties fails. Undertaking this process on your own is an almost sure way to ruin your chances of getting the workers’ comp benefits you deserve. An experienced workers’ compensation lawyer is essential in situations such as this and more.
Do you need help getting your workers’ comp benefits?
Call Arye P. Corbett today for a free consultation.
Why You Need a Workers Compensation Lawyer
In many cases, injured employees have no need for a workers compensation lawyer since they can get fair compensation for minor injuries efficiently through the existing workers compensation system. However, those that suffer severe workplace injuries will want to consider speaking to a lawyer that specializes in workers compensation before they make any serious decisions regarding their case.
When someone suffers a severe workplace injury there is a lot more at stake in terms of the need for compensation. Hiring a workers compensation lawyer can be extremely beneficial in these circumstances since their knowledge about the workers comp system can help get you more benefits than you may have originally been able to on your own. They can help ensure that you get the maximum value of benefits that you need such as permanent disability benefits when the insurance company may attempt to limit them.
Workers comp lawyers can look at your case and help determine if there are any other avenues you can seek compensation through like third-party claims. In cases where you may be eligible to file a lawsuit against your employer or a third party, having a lawyer is essential so that you can effectively build your case and handle a trial.
In many situations, injured employees will need a worker compensation lawyer because their claim is denied. Attempting to appeal a denied claim on your own almost always ends up with the denial being upheld. Hiring a work comp lawyer sends a message to the insurance company and your employer that your appeal is to be taken seriously and that you have the means to effectively make your case.
What a Florida Workers Compensation Lawyer Can do for Your Case
Lawyers that specialize in workers’ compensation bring more to the table than just knowledge of workers’ compensation law. They can provide those having difficulty getting the full value of benefits and compensation for their workplace injuries skills available only through years of handling these kinds of cases. Workers’ compensation lawyers know exactly what to look for in these cases when it comes to determining who can be sued for your injuries, what kind of compensation you may be entitled to, and how to go about getting this compensation from said liable parties.
This is accomplished through the use of resources and skills attorneys may have access to that you don’t. Lawyers know how to interact with insurance companies and negotiate for compensation from a position of strength that someone representing themselves would otherwise not be able to. Workers comp lawyers are in contact with a number of experts that can investigate your case and testify to the credibility of your injuries and damages. Most importantly, they can help prevent insurance companies and your employer from taking advantage of you by exploiting details about the workers’ comp process you may not be aware of.
Consider Arye Corbett for Your Workers Compensation Claim
If you or a loved one have suffered a severe workplace injury then do not hesitate to contact the law offices of Arye P. Corbett. We are more than happy to sit down with you and talk about the details of your case so that you can get an idea of what legal options you have and what Corbett Personal Injury Law can do for you.
Arye P. Corbett is nationally recognized as one of the preeminent personal injury attorneys in the state of Florida and has provided legal representation to those that have suffered severe personal injuries for over a decade. Consider Arye P Corbett, P.A. not just your lawyer but an ally in your fight for compensation for personal injury damages. Corbett Law emphasizes close communication with clients balanced with specialized and aggressive legal representation that has resulted in a long history of successful case results.
To contact Corbett Law Firm about your case you can either call our office at (561) 948-3700 or use our online contact form.
2101 NW Corporate Blvd, Suite 410
Boca Raton, Florida 33431