Fort Lauderdale Work Injury Lawyer

Protecting Your Rights After an Injury at Work

A requirement for all employers in every state is for them to provide their employees a healthy and safe place to work. In some instances, employers do not fulfill this obligation and because of this, employees can become injured. Employees can also become injured in some situations where the employer has made every effort to make the workplace entirely safe. In both situations, employees may have injuries in the form of broken bones, occupational illnesses, pre-existing conditions becoming aggravated, and even psychological injuries. Every state has their own version of a system to help workers with any injuries they have received at the workplace. A work injury lawyer in Fort Lauderdale like one from the Law Offices of Franks, Koenig & Neuwelt can help you understand your claim and your benefits.

The easiest and most important way way to ensure your rights are protected is by reporting your injury to your supervisor or human resources department. In most states, it is required that you report your injury within a specific time period. Depending on the situation, it may not be possible to report the accident within the first couple days, but it is critical to report the accident as quickly as you can.

The next step you are able to take would be to find a work injury lawyer in Fort Lauderdale to help you file a claim with the workers’ compensation court in your state. This will put your employer, the employer’s insurance company, and the court on formal notice that you were injured.

Understanding Your Rights

Each state has different workers’ compensation laws. The rights that every injured workers are afforded also vary. However, overall, there are a number of rights that many states share:

• It is your right to visit a doctor and receive medical treatments
• It is your right to file a claim for your illness or injury in court
• It is your right to to return to your job once you have been released by your doctor to return to work
• It is your right to receive disability compensation if your doctor has not cleared you to return to work and work is not available from your employer
• It is your right to work with a work injury lawyer in Fort Lauderdale throughout the process

Every state’s laws make it possible for you to pursue a workers’ compensation claim without having the fear of harassment or reprisal from your company. If your supervisor or human resources department makes it difficult for you to do so, they can face severe penalties. If after you have filed a workers’ compensation claim, people at work start harassing you or making it tough for you to do your job, it may be illegal. It is important for you to work with an experienced work injury lawyer in Fort Lauderdale if your company is not adhering to your rights.

Work Injury Claim Denials

When an employee is injured on the job, it is important that the employer is notified right away. A supervisor or manager can take the steps necessary to file an incident report of the accident and make an appointment for that employee to be seen by a doctor if needed. That employee then may be eligible to receive benefits in order to treat the injury. However, the employee is not guaranteed coverage. A workers’ compensation claim can be denied for a variety of reasons.

Reasons Your Claim Might Be Denied

Common reasons for your work injury claim to be denied include if the injury did not happen at work, your employer was notified within the required time limit, you were under the influence of drugs and/or alcohol when you were injured, the injury happened while arguing with coworkers, your employer disputed your injury claim, and more.

The injury did not happen at work.

In order for an injury to be approved, it must be proven that it happened due to the work environment or while doing a job-related task. This may get complicated if you were not on the work site, but were running an errand for the company or traveling for work when the accident happened. However, these are compensable cases, and you should be entitled to benefits.

Your employer was not notified within the required time limit.

Many employees may feel pressured to not report an accident out of fear that their employer will somehow retaliate or treat them differently. A worker might decide to not inform their boss about the injury until it worsens and requires medical attention. However, there is a certain period of time in which an employee is able to file for workers’ compensation. By waiting, a worker may be missing out on benefits that he or she was originally rightfully entitled to.

You were under the influence of drugs and/or alcohol.

One big reason why a worker may be denied workers’ compensation benefits is if he or she was under the influence of drugs or alcohol at the time of the injury. Also, an employee is likely to be rejected coverage if it is found that the injury was self-inflicted. However, the insurance company has to prove it, and in many situations it is very difficult. Don’t be discouraged if someone claims you did something, especially if it’s not true.

The injury happened due to arguing with coworkers.

Employers will be quick to point the finger, and will blame employees for alleged horseplay. They will try and say that employee was doing some thing outside the scope of their employment. This is a typical denial and one that insurance companies use to try and get out of providing the benefits you are owed.

Your employer disputed your injury claim.

Your employer may attempt to dispute your claim, especially if your injury is going to cost the company a significant amount of money. If you feel as though your employer is being neglectful, lying, or otherwise sabotaging your injury claim, it is recommended that you talk with a work injury lawyer immediately. It may come as a disappointing surprise for an employee to hear their employer does not support their injury claim. A legal professional in Fort Lauderdale may help you fight for approval and for a fair amount of benefits required for proper treatment of injuries.

Common Injuries in the Workplace

Work-related injuries are a prevalent concern across various industries, affecting employees worldwide as a Fort Lauderdale Work Injury Lawyer will tell you. These injuries can range from minor accidents to severe incidents, impacting the physical and mental well-being of workers. Understanding the common types of workplace injuries is essential for employers and employees alike to implement effective safety measures and reduce the risk of accidents.

• SLIPS, TRIPS, AND FALLS:

Slips, trips, and falls are among the most common workplace injuries. Wet or uneven surfaces, cluttered walkways, and inadequate lighting contribute to these accidents. Employees may suffer sprains, strains, fractures, or even more severe injuries such as head trauma. Regular maintenance of workspaces, proper signage, and employee awareness campaigns can help mitigate the risks associated with slips, trips, and falls.

• MUSCULOSKELETAL DISORDERS (MSD):

Musculoskeletal disorders encompass a range of conditions affecting muscles, tendons, ligaments, and joints. Prolonged periods of repetitive motion, poor ergonomics, and improper lifting techniques contribute to MSDs. These injuries can result in chronic pain, reduced mobility, and decreased productivity. Implementing ergonomic workstations, providing training on proper lifting techniques, and encouraging regular breaks can help prevent musculoskeletal disorders.

• STRAINS AND SPRAINS:

Strains and sprains often result from overexertion, lifting heavy objects, or engaging in strenuous activities without proper warm-up or technique. These injuries commonly affect the back, shoulders, and limbs. Employers can reduce the risk of strains and sprains by implementing ergonomic workplace designs, providing lifting aids, and offering employee training on proper body mechanics.

• CUTS AND LACERATIONS:

Workers in industries involving sharp tools, machinery, or materials are susceptible to cuts and lacerations. Inadequate training, lack of personal protective equipment (PPE), and poorly maintained equipment can contribute to these injuries. Employers should prioritize safety training, enforce the use of appropriate PPE, and regularly inspect and maintain tools and equipment to prevent cuts and lacerations.

• FALLS FROM HEIGHTS:

In industries such as construction and maintenance, falls from heights pose a significant risk. Failure to use proper fall protection equipment, inadequate training, and unstable working surfaces contribute to these accidents. Employers must enforce strict safety protocols, provide appropriate protective gear, and ensure that employees are adequately trained to work at elevated locations. A Fort Lauderdale work injury lawyer from our firm can assist you with cases related to falls on the job.

• BURNS AND CHEMICAL EXPOSURES:

Workers dealing with hazardous substances or working in environments where there is a risk of exposure to chemicals may suffer burns or other health issues. Inadequate personal protective equipment, lack of training, and improper storage and handling of chemicals contribute to these injuries. Employers should implement strict safety protocols, provide proper training, and ensure the availability of emergency response measures to minimize the risk of burns and chemical exposures.

• REPETITIVE STRAIN INJURIES (RSI):

Repetitive strain injuries result from prolonged and repetitive motion, commonly associated with activities such as typing or using vibrating tools. These injuries affect the muscles, tendons, and nerves, leading to pain and reduced functionality. Employers can reduce the risk of RSIs by implementing ergonomic workstations, providing regular breaks, and promoting awareness of proper work techniques.

Preventing workplace injuries requires a comprehensive approach that includes proper training, the implementation of safety protocols, and the provision of necessary protective equipment. Employers and employees must work together to create a safe and healthy work environment, minimizing the risk of common injuries and promoting overall well-being in the workplace. If you have been injured on the job then be sure to contact us at the Law Offices of Franks, Koenig & Neuwelt to speak with a Work Injury Lawyer Fort Lauderdale residents turn to in their time of need.

Fort Lauderdale Work Injury Infographic

Fort Lauderdale Work Injury Statistics

According to the National Safety Council (NSC), the number of preventable work deaths increased 5% in 2022, totaling 4,695. In addition to preventable fatal work injuries, 791 homicides and suicides occurred in the workplace in 2022. These intentional injuries are not included in the preventable-injury estimates. The NSC also reports that 159,379 workers suffered injuries that year.

Additionally, according to the Bureau of Labor Statistics, there are an estimated 3.8 million workers’ compensation claims filed each year in the U.S.

• The average workers’ compensation claim costs $30,000.
• The most common types of workers’ compensation claims are injuries to the back, neck, and head.
• Workers’ compensation benefits can include medical care, lost wages, and vocational rehabilitation.

Fort Lauderdale Work Injury FAQs

If you were hurt at work, consult a Fort Lauderdale work injury lawyer. You may be entitled to compensation. Here are some frequently asked questions and answers about work injury lawyers.

What is a work injury lawyer, and what do they do?

A work injury lawyer, also known as a workers’ compensation attorney, specializes in handling legal matters related to injuries or illnesses that occur in the workplace. These professionals assist workers who have suffered harm on the job, ensuring they receive the compensation and benefits they deserve.

How does the legal process work in work injury cases?

The legal process typically involves multiple key steps such as reporting the injury to your employer, seeking medical attention, filing a workers’ compensation claim, consultation with a work injury lawyer, negotiation with the insurance company, and if necessary, filing a lawsuit.

Do I need to prove fault to receive compensation in a work injury case?

In workers’ compensation cases, fault is generally not a factor. The focus is on providing financial support for injured workers, regardless of who caused the accident. This “no-fault” system aims to expedite the process and ensure timely assistance for those in need.

How much does hiring a work injury lawyer cost?

Many work injury lawyers operate on a contingency fee basis, meaning they only get paid if you win your case. Their fees are typically a percentage of the compensation awarded. This arrangement ensures that legal representation is accessible to those who may not be able to afford upfront legal fees.

What if my workers’ compensation claim is denied?

If your claim is denied, a work injury lawyer can help you navigate the appeals process. They will gather additional evidence, represent you in hearings, and work to reverse the denial, ensuring you have the best chance of receiving the compensation you deserve.

Can I choose my own doctor for a work-related injury?

In many cases, your employer’s workers’ compensation insurance will dictate the choice of medical providers. However, a work injury lawyer can select an expert medical provider to obtain an opinion to support your claim and ensure you receive appropriate medical care.

How long does it take to recover workers’ compensation benefits?

Not many of us can go without a regular paycheck for even a short period. So what happens if we get hurt while we are at our place of employment? Workers’ compensation insurance was created to help during these times. As a Fort Lauderdale, FL work injury lawyer can explain, your employer is required by law to carry a workers’ compensation policy. If injured at work, your employer’s workers’ compensation insurance company should begin paying you lost wages while you are out and unable to return to your employment.

What benefits am I eligible for?

As your Fort Lauderdale work injury lawyer can explain, workers’ compensation is a form of insurance that employers may provide their workers so that in the event of a workplace illness or injury, they receive treatment and have other expenses paid. Such benefits can help pay for medical costs, lost wages, legal fees, and funeral costs. Depending on the state, there will be different requirements for workers’ compensation benefits.

Which injuries are most common?

There are limitless ways that workers can get injured while doing their job. But some of the most common injuries that are reported in workers’ compensation claims include being caught in machinery, burns, cold exposure, scalding heat, fall or slip injury, scrapes, cuts, punctures, striking against or stepping on a hazard, and being struck by equipment or object. Tragically, some workplace incidents result in a loss of life. In these situations, the victim’s family can come forward and file a claim on behalf of the employee.

How do I know if I qualify for benefits?

Speak with your workers’ compensation attorney and not your employer to find out what your eligibility is for workers’ compensation. Sometimes, employers purposefully discourage their workers from filing a claim so that they can save money. It is wise to consider having a Fort Lauderdale work injury lawyer oversee how your claim is handled so that your health and recovery is protected.

Can you give me examples of workplace accidents?

An injury accident can happen due to malfunctioning machinery, slippery floors, faulty tools, lack of protective equipment, exposure to chemicals, and so much more. Examples of workplace accidents could be incidents such as being injured while loading boxes for a warehouse job, falling off a ladder for a construction job, a collision while driving a work vehicle from one job site to another, and repetitive motion injuries from working a warehouse assembly line. If you aren’t sure if your injury makes you eligible for benefits, now is the time to have a lawyer help.

When do I need help from a lawyer?

Ideally, you would have a lawyer help you from the moment the injury accident happens and on. In this way, they can protect you from the start and can prevent issues from arising. But if you notice that your employer is not taking your injury seriously, has denied your benefits wrongfully, or retaliated against you for filing a claim, then having a lawyer intervene immediately is strongly advised. For assistance after a workplace accident, contact a Fort Lauderdale work injury lawyer from The Law Offices of Franks, Koenig & Neuwelt as soon as you can.

What happens right after I am injured?

Seek medical attention immediately, even if you don’t think your injury requires you do so. If your injury allows, report the injury to HR or your workers’ compensation representative. They will still require you to seek medical attention, and in some states, it is mandatory that you use a doctor recommended by the insurance provider.

Law Offices of Franks, Koenig & Neuwelt, Fort Lauderdale Work Injury Lawyer

8371 N Military Trl STE 101, Palm Beach Gardens, FL 33410

Contact Our Fort Lauderdale Work Injury Lawyer Today

If you suffered a serious injury while on the job, before you agree to a benefits package, contact the Law Offices of Franks, Koenig & Neuwelt to speak with a work injury lawyer Fort Lauderdale clients recommend to learn if a lawsuit may be your best solution.

Client Review

“My attorney from Franks, Koenig & Neuwelt, Eric Lakind, returned my calls when I had a question or an issue. Lisa and Kim regularly communicate through emails and telephone to ensure that my injury is being taken care of and insuring that the workers’ compensation company is doing what they are supposed to be doing.”
Ricky Jordan