If you’ve been hurt while performing work-related activities, it’s important to have an aggressive workers’ compensation lawyer West Palm Beach residents trust on your side. In a workers’ compensation scenario, the word “aggressive” means eager to fight for your rights to receive the compensation to which you’re entitled. Our team treats our clients with compassion and respect. We get “aggressive” on our clients’ behalf when doing so is necessary to ensure that justice is done.
Do I Need a Lawyer’s Help When Filing a Workers’ Compensation Claim?
No two work-injury cases are exactly alike. Too often, the workers’ compensation system is viewed as a “one-size fits all” enterprise. This is partially because the workers’ compensation system functions under a “no-fault” philosophy. This approach holds that when injuries happen on the job, the workers’ compensation insurance system will cover related costs regardless of whose fault the accident was. This approach helps to ensure that:
- Workers aren’t saddled with medical costs and lost wages in the aftermath of a work-related accident, work-related repetitive trauma injury, or work-related illness; AND
- Employers don’t have to worry (much) about being sued by workers if accidents are determined to be, at least in-part, the employer’s fault.
If you don’t need to prove fault, why would you need a lawyer’s help? That’s a valid question. We return to the reality that no two work-injury cases are exactly alike. Even though workers’ compensation insurance claims adjusters are “supposed to” pay claims out fairly – because fault isn’t a factor in this system – many insurance providers look for any possible excuse to protect their bottom line. They may reject, delay, and/or undervalue your case for any number of reasons. Our firm’s experienced West Palm Beach aggressive workers’ compensation lawyer team understands how these insurers work and how to present your case in ways that allow you the greatest possible chance at receiving the maximum amount of compensation to which you’re entitled.
It’s also important to understand that you either may not be eligible for workers’ compensation benefits (but are empowered to file a personal injury claim) OR may be eligible to file a workers’ compensation claim AND a personal injury lawsuit against a third party (generally not your employer) simultaneously. Once we learn more about your unique circumstances, we can advise you of your legal options so that you can make informed decisions about your situation.
If you’re looking for a qualified workers’ compensation lawyer in West Palm Beach, chances are you’ve already been injured on the job. You know an injury can be painful, but are you fully prepared to handle the recovery process by yourself? Sometimes, the accident is just the tip of the iceberg, and your recovery can be completely disrupted by frustrating complications that just make life harder for you.
Are there eligibility requirements for workers’ compensation?
While laws regarding workers’ compensation due differ for each state, there are a few common requirements for receiving workers’ compensation benefits:
- Your employer must carry workers’ compensation insurance. As previously mentioned, it is required for most businesses to hold this insurance, but the level of insurance does vary depending on the type of business, number of employees, and the type of work the employees perform.
- You must be an employee. An employee is considered full-time, part-time, temporary, or seasonal. Volunteers and independent contractors do not qualify as employees. However, if you were injured as a volunteer or independent contractor, the best workers’ compensation attorney would advise filing a personal injury claim.
- The injury was sustained during a job-related activity. It’s important to note that there are some grey areas with this requirement. Some injuries could be sustained off the worksite but still connected to a job activity, for example.
When working in an office, you may not think that you will ever need workers’ compensation. And many times when people who are injured at work do not file for workers’ compensation because they are either not aware of their company’s policy or do not want to go through the “hassle” of filing a claim. Legally, in many states, any employer who has more than four employees has to provide their employees with workers’ compensation. But what exactly are the reasons people file a workers’ compensation claim? A best workers’ compensation lawyer in West Palm Beach, Florida knows that these are the top reasons.
Types of Workplace Injuries
The most common types of workplace injuries and illnesses are caused from falling, motor vehicle accidents, repetitive motion, and handling hazardous materials manually.
- Defective equipment, carelessness, and unsafe work conditions are the main causes of falling on the worksite. These can result in broken bones, brain injuries, spinal cord injuries, and even death.
- If an employee was doing work-related business while in a motor vehicle accident, their injuries could be compensated by workers’ compensation. However, employees are not eligible for compensation if they were in a car accident commuting to or from work.
- The most common injury reported is a repetitive motion injury. These occur from performing the same motion over and over for a long period of time. This can cause carpal tunnel, bursitis, and tendonitis.
- Another common claim for workers’ compensation is for back injuries, caused by manually handling materials. This includes holding, lifting, carrying, placing, or lowering holds.
- Warehouse injuries
It may not come as a surprise to you that warehousing jobs come with a lot of risks. In fact, a best workers’ compensation lawyer in West Palm Beach knows that a warehouse can be one of the most dangerous places to work. Things are moving at very fast speeds, heavy machinery is around every corner, and people are asked to lift heavy items. And while warehouses take safety extremely seriously and have many protocols and procedures to protect the safety of their employees, accidents can still happen. Common warehouse injuries include:
- Forklift accidents: Whether it’s the driver or someone getting in the way of a forklift, these accidents can be the most severe and it’s important for everyone to use extreme caution while operating.
- Back injuries: In warehouses, there are a lot of heavy items – machinery, pallets of products, etc. – and not lifting those items properly can result in a back injury.
- Falling objects: If you’ve ever been in a warehouse, you’ve seen the tall ceilings and the high racking of products. Objects can fall when being moved, shifted, or taken down.
- Slips and Falls
Slips and falls can happen anywhere and in any setting. Imagine you walked across a recently mopped floor and slipped and twisted your ankle. This injury would be eligible for workers’ compensation. The caveat of these injuries is that they must take place on company property or at a company sponsored function.
This means if you slip and fall in the lobby of your building, the breakroom, or even the parking lot, you are still on company property and therefore can file a workers’ compensation claim. This also means that if you are at a company sponsored event such as a dinner, golf outing, business trip, etc. then any slip and fall accidents that occur in those locations would also qualify for workers’ compensation. That’s because even though you were not on company grounds, you were only at that location because of work.
- Overuse
One harder to prove but still a common example of a workplace injury is overuse or repetitive motion. This is common in office job settings and can be caused by doing one motion over and over again such as typing, sitting for long periods of time, staring at a computer screen, or lifting objects. While these types of injuries require a bit more proof that it was caused at work, many people still choose to file a claim if, for example, they write for a living and end up developing carpal tunnel.
Injured on the job
Workplace injuries have the potential to impact your life for years, and you could be struggling to get back on your feet long after your physical injuries have healed. To help get an idea of the hidden challenges behind a workplace injury, consider this example:
You’re on the job, and working on a construction site. Your task involves climbing up on a scaffolding with your gear and equipment – pretty straightforward, and pretty simple until the scaffolding collapses without warning. You and your equipment fall to the ground, and in a matter of seconds, you’ve got a broken ankle. What comes next?
Obviously, seeking out medical attention is the first step. You need medical care, and that means a long hospital stay and several visits to medical professionals. It could also mean an expensive ambulance ride just to get you to the emergency room. Of course, this all means a steep medical bill, but insurance will take care of it right away – right?
Who should you call when you need a West Palm Beach workers’ compensation attorney? You want to work with an attorney you can trust from the Law Offices of Franks, Koenig & Neuwelt. When you are working on the job and you sustain an injury, there are likely many things that are running through your head. “Was there something I could have done to avoid this? How will I go back to work after this injury? How will I pay for my medical bills?” While these are all legitimate questions, most employers have workers’ compensation insurance that was put in place to help employees who were injured on the job. Unfortunately, just because an injury occurs on the job does not mean that your company’s insurance will cover the costs of your medical bills or that they will even approve the claim. The workers’ compensation process can become frustrating quickly and if they outright deny your claim you might be tempted to accept that. However, having a workers’ compensation attorney in West Palm Beach, Florida from the Law Offices of Franks, Koenig & Neuwelt on your side can be very beneficial to you and can ensure that you have filled out and turned everything in that is necessary. For more information, contact our office today.
Injuries Covered Under Workers’ Compensation
For many states, there need to be certain elements in place to ensure workers’ compensation will cover the accident. These are:
- The injury occurred at your place of work or it occurred while you were conducting some sort of job-related function.
- The accident happened because of a work-related activity.
- You went through the proper channels to notify your supervisor about the injury.
What kind of compensation can I receive?
A workers’ compensation attorney from West Palm Beach knows there are several types of compensation you may be eligible for when you file a workers’ compensation claim. These are:
- Medical Bills
- Loss of Income
- Loss of Future Income
- Physical Therapy
What are the common reasons claims are denied?
Unfortunately, just because you sustained an injury at work does not mean that you will automatically be covered under workers’ compensation benefits. Some of the reasons your claim may have been denied are:
- Your injury did not occur at work.
- Your injury was the result of your roughhousing.
- You did not report your injury in the appropriate amount of time to your supervisor.
- You did not seek medical attention for your injury.
Clearly, workers’ compensation claims can become very complicated quickly, so it is important to seek the help of a workers’ compensation attorney in West Palm Beach from the Law Offices of Franks, Koenig & Neuwelt today!
As a West Palm Beach workers’ compensation attorney has seen before, the most common injuries that people sustain while at work include slip and falls, contact with equipment, and overexertion. Most injuries are preventable if only proper precautions and adherence to safety guidelines were followed. If you are currently dealing with any kind of workplace injury, do not wait to get medical care. Even if your injuries seem small now, it could worsen as time goes by. You must notify your employer right away and see a doctor promptly.
Why Workers’ Compensation Might Be The Right Decision
As your trusted West Palm Beach workers’ compensation attorney understands, applying for workers’ compensation can be a crucial decision in various situations, providing financial and medical support to employees who have suffered work-related injuries or illnesses. For help, give the Law Offices of Franks, Koenig & Neuwelt a call to see what we can do for you.
- Work-Related Injuries: When an employee sustains an injury while performing their job duties, seeking workers’ compensation is often the most practical choice. This includes accidents like slips and falls, machinery mishaps, or lifting injuries. Applying for workers’ compensation ensures that the injured worker receives necessary medical treatment and financial support during their recovery.
- Occupational Illnesses: Many workers are exposed to hazardous substances or environments that can lead to occupational illnesses over time, such as asbestos exposure causing mesothelioma or repetitive stress injuries from typing. In such cases, applying for workers’ compensation is vital, as it covers not only medical expenses but also provides compensation for lost wages when the illness prevents the employee from working.
- Medical Expenses: The cost of medical treatment, surgeries, therapy, and medications can be overwhelming. Workers’ compensation helps employees afford these necessary medical services. By applying, injured workers can ensure they receive prompt medical attention without worrying about the financial burden.
- Lost Wages: A work-related injury or illness can result in temporary or permanent disability, making it impossible for the employee to perform their job. Workers’ compensation provides a portion of the employee’s salary during their recovery or, in severe cases, for the rest of their life. This financial support is essential to maintain the injured worker’s quality of life and cover daily living expenses.
- Rehabilitation and Retraining: In some cases, an injury may leave an employee unable to return to their previous job. Workers’ compensation may offer vocational rehabilitation and retraining programs to help them acquire new skills and transition into a different role or industry. This support is crucial for the long-term employability of the injured worker.
- Legal Protections: Your West Palm Beach workers’ compensation attorney understands that applying for workers’ compensation also safeguards the employee’s legal rights. It ensures that they are protected from potential retaliation or discrimination by their employer for seeking compensation. Workers’ compensation is a no-fault system in most cases, meaning that employees are entitled to benefits regardless of who was at fault for the injury or illness.
- Peace of Mind: Dealing with the aftermath of a work-related injury or illness can be emotionally and mentally challenging. Workers’ compensation provides peace of mind by offering a structured and established process for receiving benefits. This allows the injured worker to focus on their recovery without the added stress of financial insecurity.
Applying for workers’ compensation is a prudent decision in various scenarios where an employee has suffered a work-related injury or illness. It serves as a safety net, ensuring that injured workers receive the medical care they need and financial support during their recovery or rehabilitation. Additionally, it protects their legal rights and provides essential assistance to their dependents in the event of a fatal accident. Ultimately, workers’ compensation plays a vital role in promoting workplace safety and ensuring the well-being of employees across different industries and professions. When you need help with your workers’ compensation claim, reach out to a trusted West Palm Beach workers’ compensation attorney from Law Offices of Franks, Koenig & Neuwelt.
The True Cost of Lost Wages
In this case, your injury requires medical care – and it certainly wouldn’t allow to clock in for your typical 9-5. You’ll have to miss work while you recover, whether it’s because of medical procedures and appointments, or because your injury prevents you from performing the tasks that you’d ordinarily be required to perform on the job.
But you need those paychecks. You have a mortgage, car payments, and many other financial obligations to take care of. You were relying on wages to pay things off, but those have dried up, and there’s only so far an emergency fund can carry you until your situation gets really drastic. Maybe it’s time to seek help. Maybe it’s time to find a workers’ compensation lawyer in West Palm Beach.
Developing an Occupational Disease or Health Condition
If your job has caused you to develop a chronic disease or illness that hinders you from working, you may be entitled to workers’ compensation and should contact a workers’ compensation lawyer West Palm Beach trusts. Proving an occupational disease is usually not easy, especially when the condition develops over time or is being questioned by your employer. Furthermore, it is not uncommon for insurance companies to argue that it was not the job that caused the occupational disease or illness. For this reason, it is advisable to contact a workers’ compensation lawyer West Palm Beach relies on from Law Offices of Franks, Koenig & Neuwelt. – Please call 561.616.3800 to schedule an initial consultation.
What You Should Do When You Believe You Have an Occupational Disease
If you think you have developed an occupational disease or illness, the first thing you should do is get medical attention. Let your doctor know what you suspect your ailment has occurred from work. Make sure you note any specific factors like where you work, what you work around, any chemicals/substances you use, etc. You should notify your employer as soon as possible and then call an experienced workers’ compensation lawyer. Occupational diseases are generally not like a standard work injury. Rather they may involve substantial health problems and financial loss which is why you may want to opt for a workers’ compensation lawyer West Palm Beach workers turn to from the very beginning.
Examples of Occupational Diseases
As workers’ compensation lawyers, we have handled a number of cases that have involved occupational diseases such as:
- Caisson’s Disease – Adverse effects associated with compressed air work or commercial diving
- Cancer – Multiple types
- Infectious illness – Such as hepatitis, scabies, TB, etc.
- Needle injuries or blood-borne pathogens – When the job involves direct contact with blood
- Noise-induced hearing loss – For example when a job involves loud machinery
- Respiratory disorders – Including asthma, COPD, pulmonary disease, emphysema, etc.
- Exposure to toxins resulting in an illness – Examples include cadmium, PCBs, vinyl chloride, mercury, arsenic, platinum, sulfur dioxide, ammonia, etc.
- bronchitis, rhinitis, fibrosis, alveolitis, hypersensitivity pneumonitis, emphysema, COPD (chronic obstructive pulmonary disease, – also called chronic obstructive lung disease)
- Carpal tunnel – Caused by forceful, repetitive work such as hammering
- Thoracic outlet syndrome – A nerve condition that results from certain muscle strains or sprains
- Chronic pain – From heavy lifting or repetitive use
- Asbestos exposure
The above health conditions are only a fraction of examples that may entitle you to workers’ compensation. To learn more, please call a workers’ compensation lawyer West Palm Beach employees need now.
West Palm Beach Workers’ Compensation FAQs
Here are questions an injured worker may ask a West Palm Beach, FL aggressive workers’ compensation attorney about how they can get the most out of filing for workers’ compensation benefits:
What Can a Workers’ Compensation Lawyer Do for Me?
In our hypothetical situation, you’ll end up dangerously low on money, waiting on slow insurance, and temporarily out of work. That’s where a qualified workers’ compensation attorney comes in. Contacting Franks, Koenig & Neuwelt can make the difference between frantically juggling paperwork and bills, or focusing on a stress-free recovery.
A workers’ compensation lawyer can investigate your injury to see if you have a claim on your hands. Remember that faulty scaffolding? It shouldn’t have collapsed: Someone was negligent, and their negligence resulted in your injury. You could be entitled to even greater financial compensation than you’d expect, and a qualified workers’ compensation lawyer can help you get the money you deserve.
A workplace injury is painful enough – it doesn’t have to be worse than it already is. If you’ve been injured on the job, reach out to a workers’ compensation lawyer in West Palm Beach, and focus on recovery.
Is it important to report the accident immediately?
The very first action an aggressive workers’ compensation attorney located in West Palm Beach, FL may suggest taking after a work accident is to report it to your supervisor. Each state requires that employees provide notice of injuries caused by the workplace within a certain time-frame after it occurs. However, to prevent doubt from being cast onto your claim it is in your best interest to report it the same day. If you don’t, your employer and their insurance company may question the severity of your condition if you didn’t report the accident and get medical care right away.
Will it impact my workers’ comp claim if I see my own doctor?
Based on state law, you may or may not be permitted to see your own doctor, at least initially. After reporting the accident, your employer may necessitate that you visit a doctor they appointed to handle accidents related to workplace injuries first. Then, you may be allowed to see your preferred physician for care.
To get the most out of your workers’ compensation coverage, you may want to request that you see your own personal doctor for treatment. The doctor picked by your employer may be biased to make decisions that benefit the company and not your health, by minimizing your conditions and symptoms so your employer has to pay less in medical costs.
To find out more about the laws for your state regarding what doctor must treat your injury, you can talk with a Florida aggressive workers’ compensation attorney in West Palm Beach who is knowledgeable on workers’ compensation programs.
Is there only one type of benefits that I am eligible for?
A FL aggressive workers’ compensation attorney at Franks, Koenig & Neuwelt can inform you about all the types of benefits available to them through workers’ comp programs. Every state will have its own laws regarding coverage amounts and eligibility, but in general the following benefits are usually available:
- Permanent Disability: benefits that compensate the injured worker who has long-term physical impairments because of the accident.
- Temporary Disability: benefits that pay for losses such as lost wages while recovering from the injury.
- Mileage: benefits that pay back the injured worker for traveling to doctor’s appointments.
- Vocational Rehabilitation: benefits that provide assistance to the injured worker if they need retraining or help finding another job.
- Medical Care: benefits that pay for necessary and reasonable medical treatments pertaining to the injury.
If you have been recently injured at work and need help with your workers’ compensation claim, an aggressive workers’ compensation attorney in West Palm Beach at Franks, Koenig & Neuwelt can talk with you further during a free, no-obligation consultation — so please call us right away!
Am I eligible for workers’ compensation benefits?
As your West Palm Beach workers’ compensation lawyer from The Law Offices of Franks, Koenig & Neuwelt can explain, the main types of benefits that you might be eligible for include medical treatment and disability. The medical benefits should cover the cost of your doctor’s bills and other related expenses are for the full duration of your injury or disability. Payments for disability should equal around two-thirds of your normal wages while you are unable to work, for at most two years. If your disability is permanent, you will be given a disability rating and life-long benefits depending on that rating.
Do I have the option of choosing my own doctor?
The answer to this will vary, sometimes yes and other times no. Your employer chooses your doctor for the first appointment, but after that, employees may be permitted to choose another doctor within the medical provider network. Some employers may select any doctor they want after 30 days of care, as long as the doctor they prefer accepts workers’ compensation insurance. Your right to pick a doctor will depend on the employer you are working for.
How do I know if my employer wrongfully handled my claim?
Sadly, an employer may attempt to lessen or deny your workers’ compensation benefits as means to save money at all costs. Signs that your employer may have mishandled your claim, purposefully or not, include:
- You find out that your workers’ compensation paperwork was not submitted, or was sent in late
- Your employer doesn’t keep you notified of the status of your claim
- When bringing the accident and your injury to the attention of your employer, they have tried to persuade you to not file a claim
- Since you sent in a workers’ compensation claim, you have been moved to another department, had your schedule changed for the worse, or been reassigned duties
Can my employer deny benefits?
Your employer may deny your benefits for several reasons. If they suspect that your claim has serious and willful misconduct, such as being intoxicated or starting an altercation with a coworker, they may deny benefits. Employees who were engaging in recklessness, purposeful intention, or horseplay may not be awarded coverage for the medical costs associated with treating the injuries. However, if you feel that you were wrongfully denied benefits, that’s another story. It is possible an employer denied benefits to save money, and lack regard for their employee’s recovery. If that may be the cause for you, please call a West Palm Beach workers’ compensation lawyer now.
What should I do immediately after my injury?
A West Palm Beach workers’ compensation attorney knows that the steps you take immediately following your injury are incredibly important. You may be tempted to brush it off and continue back with your work, however, you should seek medical attention as soon as possible. First, assess yourself for injuries and determine if you need to be rushed to the hospital, if not, report your injury to your supervisor quickly and try to give them a written notice as well. This can be very useful in the future for proving you followed the correct steps. You should document anything at the scene by writing it down or taking pictures, then you should go to the doctor’s office as soon as you can to have them check you out. It is important that you tell them you are there because of a workplace injury.
At what point do I need a lawyer’s help?
It’s a good idea to have lawyers that you can reach out to about legal concerns. Most people can benefit from having a lawyer so that as time goes by they can make sure their best interests and rights are being protected. When it comes to workers’ compensation, it can be tricky to know exactly when a lawyer’s help is needed. You can have a lawyer oversee the handling of your claim and ensure that you are getting the most benefits possible. But if something awry has already happened, such as a claim denial, then now is the time to get a lawyer’s help. A West Palm Beach workers’ compensation lawyer from The Law Offices of Franks, Koenig & Neuwelt is ready to assist you.
We Focus On Protecting Your Rights
As workers’ compensation lawyers, we understand that you and your family may rely on compensation after being diagnosed with an occupational disease. When you call our firm we will be ready to listen to your story and provide you with honest legal advice. If you don’t understand the benefits of hiring a lawyer, here are a few reasons to consider:
- A workers’ compensation lawyer can issue proper notice to your employer and their insurance carrier. This could speed up the entire process.
- A lawyer can ensure you get the medical treatment you need; sometimes on a lien basis.
- Your claim may include more than monetary damages from medical costs or job loss but rather might also note mileage costs, therapy, and more.
- You may be able to receive maximum compensation.
- A lawyer will understand how to gather the necessary proof needed to show the insurance company.
- A lawyer may be ready to negotiate your settlement based on your best interests.
Legal Assistance Is Available
Regardless of how serious your injury is, you deserve to be compensated for the financial losses that have resulted from that injury. If you haven’t yet scheduled a confidential consultation with the team at the Law Offices of Franks, Koenig & Neuwelt, please do so today. Our firm’s experienced West Palm Beach aggressive workers’ compensation lawyer team looks forward to assisting you with your legal needs during this challenging time.
Client Review
“My worker’s comp case was settled without going to court or mediation. Job well done.”
Ronnie Davis
