Fort Lauderdale Work Injury Lawyer
If you’ve been injured on the job, you might need to turn to our 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. Injured employees may seek counsel from a lawyer simply because they aren’t sure where to start.
Table Of Contents
- Safe Working Conditions: The Basic Requirement
- Making A Workers’ Compensation Claim
- Retaliation For Reporting Job Injuries Or Hazard Situations
- Contact Our Fort Lauderdale, FL Work Injury Lawyer Today For Help
- Work Injury Infographic
- Fort Lauderdale Work Injury Statistics
- Fort Lauderdale Work Injury Laws
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.
IMMEDIATELY REPORT 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 needed.
MAKING A WORKERS’ COMPENSATION CLAIM
Workers’ compensation laws are different for each state. The work comp statutes, or laws, require businesses to maintain a workers’ compensation insurance policy.
If a worker is injured on the job, 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. A Fort Lauderdale, FL, work injury lawyer can inform you as to the laws in your state. 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 THE WORK INJURY LAWYERS FORT LAUDERDALE TRUSTS
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 more than 100 combined 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 state mandated program that provides medical care and lost wages. 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 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. 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 insurance companies 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 lawyercan 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. 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 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.
Fort Lauderdale Work Injury Infographic
FORT LAUDERDALE WORK INJURY STATISTICS
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.
If you have been injured on the job, contact one of our workers’ compensation lawyers to find out what benefits you may be entitled to
FORT LAUDERDALE WORK INJURY LAWS
When it comes to workplace injuries in Fort Lauderdale, the aid of our Fort Lauderdale work injury lawyer is invaluable. A lawyer provides advice, representation, and a detailed understanding of Florida’s workers’ compensation laws. If you have suffered an injury in the workplace, contact The Law Offices of Franks, Koenig & Neuwelt, today to speak with our knowledgeable work injury lawyers and take a key first step towards recovery.
OVERVIEW OF FLORIDA WORKERS’ COMPENSATION LAWS
Florida’s workers’ compensation laws, which apply in Fort Lauderdale, are designed to provide benefits to employees who suffer job-related injuries or illnesses. These laws create a system where the injured employee is entitled to receive medical treatment and compensation for lost wages, regardless of who was at fault for the injury. In Fort Lauderdale, employers are mandated to carry workers’ compensation insurance if they have four or more employees, either full-time or part-time, or one or more employee in the construction industry.
THE CLAIMS FILING PROCESS IN FLORIDA
In Fort Lauderdale, and throughout Florida, there are very specific legal guidelines that shape the process of filing a workers’ compensation claim. An injured worker in Fort Lauderdale must report their injury to their employer within 30 days of when the accident occurred, or when they first became aware they were involved in a workplace accident or injury. The employer then has seven days to notify their workers’ compensation insurance carrier. The insurer is required to provide the employee with an informational brochure explaining their rights, benefits, and procedures to obtain benefits.
Once a claim is filed, the insurer must approve or deny the claim within 14 days. If a claim is denied, the employee has the option to petition the Florida Division of Administrative Hearings, a step where having a Fort Lauderdale work injury lawyer to help prepare for and represent you in a hearing can be particularly beneficial.
WORKERS’ COMPENSATION UNDER FLORIDA LAW
Florida’s workers’ compensation system provides several types of benefits. These are typically broken down into three main categories: medical benefits, disability benefits, and death benefits. Medical benefits cover all necessary medical treatments, prescriptions, and travel expenses for medical appointments. Disability benefits are categorized into temporary total disability (TTD), temporary partial disability (TPD), permanent total disability (PTD), and impairment benefits. The compensation rate for TTD is generally two-thirds of the worker’s average weekly wage or 64 percent for TPD benefits (which means being returned to work with restrictions that your employer cannot accommodate), subject to a state maximum. Death benefits account for the unfortunate event of a work-related death. In such a case, dependents of the deceased worker may be eligible for compensation.
EXCEPTIONS AND EXCLUSIONS UNDER FLORIDA LAW
While Florida’s workers’ compensation laws are comprehensive, there are notable exceptions. However, while employers may try and get out of providing benefits for these alleged exceptions, they are rarely legally correct. Many times an employer will claim an injured worker is not eligible for benefits if they are Independent contractors, volunteers, or workers in certain agricultural or domestic roles. Additionally, injuries resulting from the worker’s intoxication, drug use, or willful misconduct may be excluded from coverage.Our experienced Fort Lauderdale work injury lawyer can help you understand if your claim is eligible under Florida law and, if so, how to best proceed.
THE IMPORTANCE OF LEGAL REPRESENTATION
Navigating Florida’s workers’ compensation laws can be daunting. This is where the knowledge and experience of a work injury lawyer becomes invaluable. We are committed to helping our clients understand their rights, the intricacies of their specific cases, and the best course of action to take.
If you have suffered a workplace injury in Fort Lauderdale, timely and knowledgeable legal advice is crucial. We are dedicated to ensuring that you receive the benefits and compensation you rightfully deserve. Contact The Law Offices of Franks, Koenig & Neuwelt today to set up a consultation and take the first step towards navigating your work injury claim with confidence and clarity.
“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.”