Fort Lauderdale Work Injury Lawyer
If you’ve been injured on the job, you might need to turn to a skilled Fort Lauderdale, FL, work injury lawyer for legal counsel. Workers’ compensation policies are intended to protect
employees who sustain injuries while working, but some workers may find that these policies are more confusing than helpful. As an experienced Fort Lauderdale work injury lawyer might attest, injured employees may seek counsel from a lawyer simply because they aren’t sure where to start.
At the Law Offices of Franks, Koenig, & Neuwelt, we understand that it’s not always easy for injured workers to interpret the complicated forms and documents that are necessary in a workers’ compensation case. So what exactly are the rights that workers are entitled to? Here’s a quick guide:
Safe Working Conditions: The Basic Requirement
All states have their own requirements when it comes to establishing safe and fair working conditions. Our Fort Lauderdale, FL work injury lawyer shares that at the most basic level, states require all businesses to provide employees with a safe and healthy working environment.
There may be additional requirements placed upon businesses in certain industries, like construction or manufacturing. Illnesses that develop over a long period may also qualify for workers’ compensation, but this kind of benefit is generally limited.
Immediately After a Workplace Injury
As an experienced Fort Lauderdale, FL work injury lawyer can agree, accidents can happen in any workplace, even when there are safety regulations in place. It’s essential to report an injury to your employer right away if you are injured while at work. Injured workers have the right to seek immediate medical treatment, if necessary.
Making a Workers’ Compensation Claim
Workers’ compensation programs are run by individual states. These programs typically require the majority of private industry businesses to maintain a workers’ compensation insurance policy. Certain exemptions to this rule exist.
If a worker is injured on the job and his or her employer has workers’ compensation insurance, then the worker has the right to file a claim. The employee also has the legal right to hire a Fort Lauderdale, FL work injury lawyer for representation throughout the process.
How Long Does It Take to Get 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 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.
Statute of Limitations to File an Injury Report
The deadline for filing a workers’ compensation claim may vary from state to state. It’s important to report your injury to your employer as soon as possible to start the filing process. Your human resources representative or a Fort Lauderdale, FL, work injury lawyer can inform you as to the laws in your state. Some states also require you to file a claim with the state agency prior to beginning to receive benefits. Other states will let your employer or insurance provider file on your behalf. Because time is of the essence, be sure to get all your questions answered as swiftly as possible, so you do not jeopardize your benefits.
Insurance Investigation of Your Claim
After filing the claim, there will be an investigation initiated by the insurance company. You may be interviewed, and your medical records will be examined as well as any other reports or documents that they can locate. You should immediately seek an experienced Fort Lauderdale, FL work injury lawyer before making any statements that may be used against you and your claim in the future.
The Timeframe for Receiving Workers’ Comp Benefits
Within a reasonable amount of time, the insurance company or your employer must decide whether they will offer workers’ comp benefits to you because of your injury. Again, states have deadlines — some more strict than others. Once the claim is approved, you should begin receiving your benefits, including lost wages and medical care. If your case is denied, we will fight to get you the benefits that you are entitled to under the law.
Contact a Trusted Work Injury Lawyer Fort Lauderdale
At the Law Offices of Franks, Koenig, & Neuwelt, we believe it is vital for injured workers to have the means to recover after an accident. While no sum of money can truly make up for a devastating injury, workers’ compensation payments may be able to provide necessary assistance to an injured employee, as a skilled work injury lawyer in Fort Lauderdale, FL would attest.
Our law firm has served the local community of Fort Lauderdale for several years, and our team is proud to provide counsel in workers’ compensation cases. For more information about our team, or to schedule an in-person case evaluation with a top Fort Lauderdale, FL work injury lawyer, call the Law Offices of Franks, Koenig, & Neuwelt today at 561-616-3800.
Retaliation for Reporting Job Injuries or Hazard Situations
On-the-job injuries can happen in any occupation. When they do, workers’ compensation benefits can provide a lifeline for employees during their recovery. Unfortunately, some employers may try to discourage their workers from filing claims, try to dispute the injury or how it occurred, or may engage in workplace retaliation against them as a result. In these situations our Fort Lauderdale, FL work injury lawyer can help you to understand your rights and help to protect you in your current job. The Law Offices of Franks, Koenig & Neuwelt can help prevent long-term losses associated with any lasting disabilities you suffer.
Your Rights to Workers’ Compensation Benefits
Workers’ compensation is a federally mandated program that acts as a form of insurance. Administered through the Department of Industrial Relations, the Florida workers’ compensation program provides important benefits, which are available to workers who suffer on-the-job accidents and injuries or occupational illnesses as the result of exposure to toxic substances or other conditions in the workplace. Our work injury lawyer serving Fort Lauderdale, FL shares that the benefits available include:
- Reimbursement for lost wages while you recover;
- Coverage of medical expenses, including diagnostic testing, treatments, follow-up visits, and medications associated with your injury or illness;
- Compensation for any temporary or permanent disabilities the worker suffers as a result of their condition.
Employees are entitled to receive benefits regardless of who was at fault for their accident, injuries, or illness. In exchange, they are generally prevented from filing a lawsuit against the employer. Your Fort Lauderdale, FL work injury lawyer will tell you that state law dictates that even if you are the only employee of the company, the owner must provide coverage. There are strict guidelines employers must follow in terms of filing claims and paying benefits. In the event your claim is disputed or rejected, you are entitled to appeal the decision and request a review of your case.
Retaliation and Other Workers’ Compensation Disputes
Paying out benefits to injured workers costs employers money. Unfortunately, and despite laws designed to prevent it, there are cases in which workers are discouraged from filing claims. If this is the case for you, contacting a trusted work injury lawyer in Fort Lauderdale, FL is in your best interest. It’s likely that the company owner may attempt to dispute the severity of your injury or illness or the circumstances under which it occurred or may threaten your job security as a result of you filing a claim.
The Occupational Safety and Health Administration (OSHA) requires regular reporting of injuries and illnesses and closely monitors these situations. OSHA rules include three provisions designed to protect workers:
- Employers must provide clear instructions and reasonable procedures for reporting on-the-job accidents and injuries.
- Employers are prohibited from discouraging employees to report accidents or potentially dangerous situations.
- Employers are prohibited from taking actions that could be seen as retaliatory, such as laying off workers or reducing their pay, when injuries or illnesses are reported, and a claim is filed.
Contact Our Fort Lauderdale, FL Work Injury Lawyer Today for Help
If you have suffered a work-related injury or illness and have been denied benefits or faced retaliation on the job site as a result, reach out to the Law Offices of Franks, Koenig & Neuwelt. Our lawyers can protect you against these practices while helping you get the benefits you need to recover. Call or contact our work injury lawyer in Fort Lauderdale, FL today to request a consultation.
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. But in the state of Florida, all employers that have at least four employees have to offer coverage under workers’ compensation insurance. If you have questions or concerns about benefits, contact us at The Law Offices of Franks, Koenig, & Neuwelt.
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?
Speak with your employer to find out what your eligibility is for workers’ compensation. But keep in mind that 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. To qualify for benefits, you must be an employee, have an injury that is work-related, work for an employer who has workers’ compensation insurance and meet the statute of limitations for notifying your employer about the injury accident.
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.
“Got hurt at work and was not getting anywhere. Looked at many firms but decided to go with this one. Best decision I have ever made. Dianne, Krystal and Eli Franks are an amazing team and I was blessed to have them on my side! They went above and beyond to make this situation a happy one.”