Hollywood Workers’ Compensation Lawyer

Workers’ Compensation Lawyer Hollywood, FL

What happens when you get into a car accident while traveling to/from work or while driving for work? Are you entitled to workers’ compensation benefits? Generally speaking, your commute to and from work are considered “off the clock” hours and you won’t be eligible for workers’ compensation if you get into a car accident during this time. Although the travel is job-related, it is typically not a compensable scenario. Most of the time, you need to physically be at the office or otherwise “on the clock” when you’re injured in order to qualify for worker’s compensation benefits.  As with all rules, however, there are several notable exceptions to this general principle. As a result, it’s generally a good idea to speak with our Hollywood, FL workers’ compensation lawyer before making any assumptions about your situation. Too often, workers either assume that they’re eligible for benefits or dismiss the idea that they might be entitled to benefits before they’ve received experienced legal guidance. By speaking with the team at Franks, Koenig & Neuwelt, you’ll place yourself in a position to make an informed decision about whether or not to submit a workers’ compensation claim for your auto accident. As you’re preparing to meet with our experienced workers’ compensation attorney at our firm, consider the following instances, in which a work-related car accident may qualify for workers’ compensation benefits. This information will provide you with a solid introduction to this particular legal issue. When questions arise, make sure to write them down so that we can answer them when you meet with our team. 

Workers’ Compensation Insurance

Generally, if employees are injured on the job and accept workers’ compensation, they cannot file a lawsuit against their employer for their injury. This is due to the employer’s workers’ comp insurance policy, which protects them from any personal injury claims brought on by employees. Workers’ compensation insurance is meant to be mutually beneficial for both the employee and employer. This is because the employee can be compensated for work-related injuries and the employer does not have to worry about lawsuits. The benefits provided by workers’ compensation is known as a no-fault system, because it doesn’t matter who was responsible for the accident. However, workers’ compensation lawyers in Hollywood FL may be able to help you seek compensation from your employer if the settlement offered to you is greatly insufficient. There are exceptions to the law barring personal injury lawsuits against employers, two of which are listed below.

• Intentional Torts – Intentional torts refer to an employer purposely harming an employee, either physically or non-physically. If you have received an injury due to an employer’s intentional act, then you may have the right to file a lawsuit against the employer. Common examples of intentional torts include:
• Assault – If an employee receives threats of harm but does not sustain any injuries, this qualifies as assault. For example, if an employer threatens to physically or sexually assault an employee or otherwise create apprehension, this is assault and the employee should contact workers’ compensation lawyers in Hollywood FL.
• Battery – Intentional harm done to an employee, such as being hit, kicked, or physically hurt in some way. Emotional Distress – If an employer causes intentional emotional distress to an employee, this may be cause for a lawsuit. Intentional emotional stress can include an employer being aggressively rude to an employee, or assigning an employee excessive work by an impossible deadline that results in anxiety.
• Defamation – If an employer states false things about an employee that results in injury, even the harm of a reputation may be considered defamation. If the lies told by an employer result in the employee getting terminated, this is considered defamation. Libel and slander are also considered forms of defamation. Talk to workers’ compensation lawyers in Hollywood FL to learn more.
• Fraud – When an employee sustains an injury due to the false information provided by their employer. The injury can be financial.
• Invasion of Privacy – Private information of the employee is exposed to the general public or within the workplace without the consent of the employee.
• Injuries Caused by a Third Party – If an employee sustained an injury from a third party at the workplace, then the employee has the right to file a lawsuit against the third party with the help of workers’ compensation lawyers in Hollywood FL. An example of an injury caused by a third party may include an employee that who injured by faulty equipment. In this scenario, the manufacturer of the equipment may be sued.

When you or a loved one has been hurt at work, don’t turn to your employer’s workers’ compensation insurance company. They will not be looking out for your best interest. They will be looking out for their own interests. And when you are hurt at work, your interests and your employer’s interests are not the same. Workers’ compensation lawyers are trained to handle difficult insurance company adjusters and their work comp doctors who don’t listen and turn a blind eye to your complaints. After being hurt at work, an experienced Hollywood FL work injury lawyer can help you receive the medical care and lost wages that are provided by law. The work injury compensation lawyers at the Law Offices of Franks, Koenig & Neuwelt are ready and willing to speak with you about your workplace injury today. Let us help explain what the work comp law provides for and what tricks the insurance companies will employ to deny your benefits. After reporting an injury and seeking medical care, call an attorney before making any statements to the insurance company. Many things that you don’t think are important or a big deal can become important and are a big deal to the insurance company. Even the tiniest detail may be something the insurance company can take advantage of and use to prevent your access to medical care and lost wages. Don’t wait when deciding whether to consult a workers’ compensation lawyer in Hollywood FL. It could mean the difference in receiving medical care and lost wages or none at all. Remember, documenting an injury is one of the most important things you can do. Many cases have been denied because there is no evidence to show that an accident occurred, was reported or that body parts were injured. Email, text or take a picture to document everything. If your employer claims they never received your notice of injury, we will be equipped with a copy of the email you sent after the accident to prove they are lying. When you go to a work comp doctor, don’t presume they will include all of the body parts you injured. These doctors and clinics are only being paid to treat certain authorized body parts. Authorized by workers’ compensation. If the work comp carrier doesn’t authorize all of the body parts you injured, the doctors won’t treat them. If you never wrote down on the intake that you hurt a certain area, and months or years go by without care, the likelihood that a judge will find you hurt that body part on the date of accident is very small. Document all body parts injured, even if you have to write it down on the doctor’s intake form when you first treat.

Five Mistakes To Avoid When Filing Claim

Navigating the workers’ compensation process can be challenging, especially when dealing with the stress of a workplace injury, but our Hollywood, FL workers’ compensation lawyer is here to make the process easier for you. Understanding common mistakes that people make after a workplace injury and how to avoid them is a crucial part of a successful claim. Our firm has over 200 years of combined experience assisting thousands of clients and procuring millions of dollars in settlements every year. We treat each client with the care, compassion, and personalized service that they deserve, and we are ready to fight for you and your rights after a work injury. For more information on how we can assist you with your case, contact the Law Offices of Franks, Koenig & Neuwelt today to schedule a consultation.

Failing To Report The Injury Immediately

One of the most critical mistakes you can make is not reporting your injury right away. Even if the injury seems minor at first, it’s essential to inform your employer as soon as possible. Delays in reporting can lead to suspicions about the validity of your claim and might result in a denial of benefits. Make sure to follow your company’s reporting procedures and keep a record of your report.

Not Seeking Prompt Medical Attention

Another significant error is not getting medical treatment immediately after the injury occurs. Seeing a doctor promptly not only ensures that you receive the necessary medical care but also creates a medical record that supports your claim. Be honest and thorough with your healthcare provider about how the injury happened and any symptoms you’re experiencing. This documentation is vital for a successful workers’ compensation claim. Even if you do not feel as if you need medical attention, receiving care is always beneficial for your health and your claim.

Inaccurate Or Incomplete Claim Forms

Filling out workers’ compensation forms incorrectly or leaving out important information can severely impact your claim. Double-check all details for accuracy and completeness. Inaccurate information can lead to delays or denials. If you’re unsure about any part of the form, our Hollywood workers’ compensation attorney can help you ensure everything is filled out correctly.

Ignoring Doctor’s Orders

Not following your doctor’s prescribed treatment plan can hurt your claim. Insurance companies may view non-compliance as a sign that your injury isn’t severe or that you’re not making an effort to recover. Attend all medical appointments, follow prescribed treatments, and keep detailed records of your medical care. This compliance demonstrates your commitment to recovery and supports your claim’s legitimacy.

Not Consulting With A Lawyer

Attempting to handle your claim without professional legal advice is a common mistake. Workers’ compensation laws can be complex, and having our experienced Florida workers’ compensation lawyer on your side can make a significant difference. A lawyer can help you navigate the process, ensure all paperwork is correctly filed, and represent your interests if your claim is disputed.

Contact Our Workers’ Compensation Lawyer Today

Avoiding these common mistakes can significantly improve your chances of a successful workers’ compensation claim. If you’ve been injured at work and need assistance with your claim, our dedicated workers’ compensation lawyers are here to help. Contact the Law Offices of Franks, Koenig & Neuwelt today to schedule a consultation.

Law Offices of Franks, Koenig & Neuwelt: Workers’ Compensation Lawyers in Hollywood FL

An experienced workers’ compensation lawyer is your best bet to ensure you receive all of the benefits to which you are entitled to under the law. Let us help you obtain the medical care you need to get better and the money to pay the bills and put food on your table until you are ready to go back to work. Contact the Law Offices of Franks, Koenig & Neuwelt for a free consultation.

First Exception ‘Traveling Is your Job’

If you drive a truck, bus, delivery van, taxi or other vehicle as your primary job duty or a major job duty, your vehicle is your workplace. Therefore, a car accident “on the clock” would be covered under workers’ compensation. It should be noted, however, that if you drive a personal vehicle on your way to or from the base of operations where your work vehicle is kept, the commute to and from work would probably not be covered.

Second Exception is Traveling to Different Job Sites During A Shift

Most people have just one office to go to each day. But if you work in construction or some other industry that has you traveling to multiple sites throughout the day, any accidents that occur during such travel would likely be eligible for compensation.

Third Exception is Traveling on a Business Trip

Let’s say you go to another city or state for a work conference. Whenever you are traveling during the trip, you are covered for any accidents that occur. Even if you weren’t doing something work-related at the time of the crash, the whole trip is likely to be considered “on the clock” time as far as accident coverage is concerned.

Fourth Exception is Running Errands for Your Boss

Commuting to work would normally not be covered. But on a particular day, your boss has asked you to pick up coffee for her on the way into work. If you get into an accident on that trip, it would likely be compensable because you were performing a “special mission” for your employer – even if the task wasn’t work-related. If you’re concerned about proving that an otherwise non-work related trip was work-related, our Hollywood, FL workers’ compensation lawyer team can help. 

Fifth Exception ‘You’ve Got a Company Car’

Commuting in your own vehicle is typically not covered. But in most states, driving a company-owned vehicle is covered (even during the commute). This exception has many caveats, so it is important to check with our experienced workers’ comp lawyer about whether it would apply in your situation.

Hollywood Workers’ Compensation Infographic

Hollywood Lauderdale Workers’ Compensation Statistics

Workers’ compensation is a critical safety net for employees injured on the job. Each year, approximately 2.6 million nonfatal workplace injuries and illnesses are reported in the U.S., with over $100 billion spent on workers’ compensation benefits. Common claims include strains, sprains, and fractures, often resulting from overexertion or slips, trips, and falls. About 21% of injuries lead to 31 or more days away from work. The construction, manufacturing, and healthcare industries report the highest claim rates. Workers who suffer job-related injuries are entitled to have all of their medical bills paid and a percentage of their weekly pay. If you have been hurt at work, call our law firm for help receiving the benefits you are entitled to under Florida law.

Have Questions? Contact Us for Answers

We are proud to help injured workers better understand their rights and seek the compensation they deserve. To discuss your case with our workers’ comp attorney, contact our office to arrange an initial consultation. We look forward to speaking with you. 

Injuries That Are Not Valid In Workers’ Compensation Cases

There are many injuries that are not accepted in workers’ compensation claims. Workplace injuries can occur in various forms, and in most cases, employees are entitled to file a workers’ compensation claim to receive compensation for their medical expenses and lost wages. However, not all injuries are eligible for workers’ compensation benefits. Understanding these limitations can help employees make informed decisions and seek appropriate legal recourse if necessary.

Injuries Occurring Outside of Work

Workers’ compensation is important because it covers the expenses that a worker may have if they suffer a workplace injury.  If an injury happens outside the scope of employment, such as during a personal activity or while commuting to and from work, it may not be valid for a workers’ compensation claim.

Self-Inflicted Injuries

Injuries that are intentionally self-inflicted or arise due to misconduct or negligence on the part of the employee are generally not covered by workers’ compensation. Injuries that occur as a result of fighting and reckless or criminal behavior fall in this category.

Injuries Caused by Violating Company Policy

If an employee is injured while disregarding established safety protocols or engaging in activities explicitly prohibited by company policy, their injury may not be considered valid for a workers’ compensation claim. Typical examples include horseplay and using equipment in an unsafe or irresponsible manner.

Injuries from Commuting Accidents

Accidents that happen while a worker is on their commute to work are also not eligible for workers’ compensation. However, there may be exceptions if the employee was engaged in a work-related task or was on a business trip at the time of the accident.

Psychological or Mental Health Issues

Workers’ compensation is awarded for physical injuries. Psychological or mental health issues, such as stress, anxiety, or depression, may not be considered valid for a workers’ compensation claim unless they are directly caused by a work-related incident or are a result of extreme and unusual workplace conditions.

Injuries Resulting from Off-Duty Recreational Activities

Injuries that occur during recreational activities unrelated to work, such as sports or hobbies, are generally not eligible for workers’ compensation benefits. Injuries that a worker sustains in a work-related event, like an office party, are not able to be considered in workers’ compensation claims.

Pre-existing Conditions Aggravated Outside of Work

The workers’ compensation system is typically applied to injuries that are sustained in a workplace environment. However, if a pre-existing condition is aggravated outside of work, it may not be considered valid for a workers’ compensation claim, as it may be challenging to establish the causal relationship.

Injuries Resulting from Violating the Law

If an employee’s injury occurs while they were violating the law or engaged in illegal activities during work hours, it is unlikely to be considered valid for a workers’ compensation claim. This includes injuries sustained while under the influence of drugs or alcohol or injuries resulting from illegal actions. To learn more about how legal services can benefit you, schedule a consultation with our qualified Hollywood workers’ compensation lawyer now.

5 Essential Reasons to Hire a Hollywood, FL Workers’ Compensation Lawyer

Suffering from a workplace injury can be a distressing experience. Handling the challenges associated with Florida workers’ compensation claims require legal knowledge of the state’s laws. Hiring our skilled lawyer can greatly enhance your chances of obtaining the benefits you deserve. Our legal team presents five essential reasons why it’s essential to hire our workers’ compensation attorney.

1. In-Depth Understanding of Workers’ Compensation Laws

Florida’s workers’ compensation laws can be intricate. Our specialized lawyer possesses an in-depth understanding of the local laws, regulations, and procedures. We stay updated with any changes, ensuring your case is handled with precision and compassion. Our knowledge allows us to manage the legal process and maximize your chances of receiving fair compensation.

2. Expert Guidance Through the Claims Process

The workers’ compensation claims process can be overwhelming, involving extensive paperwork, deadlines, and interactions with insurance adjusters. Hiring our workers’ comp lawyer means you have a knowledgeable guide by your side throughout the process. We will help you gather and organize the necessary documentation, meet critical deadlines, and handle negotiations with insurance companies, allowing you to focus on your recovery.

3. Protection Against Denied or Reduced Claims

Unfortunately, insurance companies often try to minimize their liability by denying or reducing valid workers’ compensation claims. By hiring our dedicated lawyer, you have a strong advocate who will protect your rights and fight for the benefits you deserve. We will investigate your case, gather evidence, interview witnesses, and build a compelling argument to counter any attempts by the insurance company to deny or reduce your claim.

4. Evaluation and Maximization of Compensation

Determining the appropriate compensation for your workplace injury involves assessing various factors, including medical expenses, lost wages, disability, and future rehabilitation needs. Our skilled workers’ comp lawyer at the Law Offices of Franks, Koenig & Neuwelt will evaluate your case thoroughly and consider all relevant factors in your claim. We will fight for fair compensation that covers your present and future needs, helping you avoid any financial hardships caused by the injury.

5. Legal Representation in Case of Disputes or Appeals

Sometimes, workers’ compensation claims may face disputes or denials that require legal action. If your claim is denied, our lawyer can file an appeal and represent you in administrative hearings or court proceedings. Our legal knowledge and experience in litigating workers’ compensation cases will provide you with the strongest possible representation, significantly improving your chances of a successful outcome. Dealing with a workplace injury and the ensuing workers’ compensation process can be daunting without proper legal guidance. Hiring our workers’ compensation lawyer provides you with invaluable expertise, support, and protection throughout the claims process. We understand the intricacies of workers’ compensation laws, safeguard your workplace injury rights, and fight for fair compensation on your behalf. By enlisting the services of our legal team, you can focus on your recovery while knowing that your case is in capable hands.

Filing a Workers’ Compensation Claim FAQs

Filing a workers’ compensation claim is an essential step for employees who have suffered a work-related injury or illness. Understanding the process and requirements is essential to complete a smooth and successful claim. Reach out to our team at the Law Offices of Franks, Koenig & Neuwelt for help with your claim.

What is the deadline for reporting the injury or illness, and how should it be done? 

Timely reporting of the injury or illness is vital in the workers’ compensation process. Familiarize yourself with the specific deadlines set by your employer or state law for reporting workplace injury accidents. Determine the preferred method of reporting, whether it’s through a designated supervisor, HR department, or an online reporting system. Be aware that failing to report within the designated timeframe may jeopardize your ability to file a claim.

What documentation is required to support the workers’ compensation claim? 

Gathering the necessary documentation is vital to support your workers’ compensation claim. Obtain and keep copies of any relevant medical records, including diagnoses, treatment plans, and medical bills. Keep a detailed account of the incident or circumstances that led to your injury or illness. If there were witnesses, gather their contact information.

How should the workers’ compensation claim form be completed? 

Each state has its own specific workers’ compensation claim form, typically available through your employer, the state’s workers’ compensation board, or online portals. Take the time to carefully complete the form, confirming the accuracy and completeness of the information provided. Provide a detailed account of the incident, the nature of your injury or illness, and any medical treatment received. Attach any supporting documentation as required.

Are there any additional steps or notifications required by the employer or insurance company? 

Some employers or insurance carriers may have additional steps or notifications that need to be followed during the workers’ compensation claim process. These may include submitting the claim form to a specific address, notifying a designated claims administrator, or undergoing an independent medical examination. Familiarize yourself with any additional requirements and remain compliant to avoid delays or complications in the claims process. Our Hollywood workers’ compensation attorney can provide guidance on these specific requirements.

What role does a lawyer play in the workers’ compensation claim process? 

While not always necessary, consulting with our lawyer can be beneficial. We can review your claim, help gather necessary documentation, provide representation in negotiations, and offer legal support in case of disputes or denials. Engaging our lawyer can significantly increase your chances of a successful claim outcome and of receiving the compensation and benefits you are entitled to.

Workers’ Compensation Glossary

Workers’ compensation law is a vital area of practice for employees who experience job-related injuries or illnesses. Our workers’ comp lawyer is committed to helping you better understand this important legal field. We define key terms related to workers’ compensation to provide clarity for anyone going through the claims process.

Compensation Benefits

Compensation benefits refer to the financial and medical support provided to employees who experience a job-related injury or illness. These benefits typically include coverage for medical expenses, a portion of lost wages during recovery, and costs associated with rehabilitation or therapy. As a no-fault system, workers’ compensation helps injured employees receive the necessary financial assistance regardless of who caused the incident, creating a fair and straightforward framework for resolving workplace injury claims.

On The Clock

The phrase “on the clock” pertains to the time when an employee is actively performing job duties or participating in work-related activities. Injuries sustained during this period may be eligible for workers’ compensation benefits. This term underscores the employer’s responsibility for employee safety while they are working. Whether an employee is on-site or performing tasks remotely, being “on the clock” plays a critical role in determining eligibility for compensation.

Special Mission Exception

The ‘special mission’ exception provides coverage for injuries that occur outside of standard work hours or locations when an employee is performing a specific task at their employer’s request. For instance, if an employee is asked to deliver a package or attend a meeting off-site and is injured in the process, they may qualify for workers’ compensation benefits under this exception. This concept is essential in addressing situations where traditional commuting rules might otherwise prevent coverage.

Causal Relationship

To qualify for workers’ compensation benefits, there must be a clear causal relationship between the employee’s injury or illness and their job responsibilities. Establishing this connection involves demonstrating that the injury arose directly from workplace conditions or activities. For example, if a worker develops a repetitive strain injury due to their job tasks, proving the causal relationship is necessary to obtain compensation. This principle is imperative in preventing unrelated injuries from being wrongfully attributed to the workplace.

Independent Medical Examination

An independent medical examination (IME) is often required when there is a dispute about the nature or extent of an employee’s injury. Employers or insurance companies may request an IME to obtain an objective evaluation from a physician who is not directly involved in the employee’s treatment. The IME assesses whether the injury is work-related, the severity of the condition, and the appropriate treatment plan or benefits. While IMEs are meant to provide clarity, they can sometimes introduce complications in the claims process. These terms are integral to understanding workers’ compensation law and the various situations that may arise in claims. From injuries sustained while “on the clock” to exceptions like special missions, knowing these definitions empowers employees to make informed decisions about their cases. At the Law Offices of Franks, Koenig & Neuwelt, our legal team has over 200 years of combined experience in employment and workers’ comp law. We provide reliable legal guidance for injured workers in Hollywood, FL. If you need assistance with your case or have questions about your rights, contact us today for support.

Get Help Now

Filing a workers’ compensation claim requires a clear understanding of the process and careful attention to detail. By asking pertinent questions about reporting deadlines, required documentation, claim form completion, additional employer or insurer requirements, and the need for a lawyer, you can move through the process more effectively and increase your chances of a successful claim. Reach out to the Law Offices of Franks, Koenig & Neuwelt to speak with our trusted Hollywood workers’ compensation lawyer today. Attorney Eli A. Franks has exclusively represented injured workers since 2002. His legal approach is based on three key moral principles: honest, integrity, and empathy. Eli Franks and the rest of the knowledgeable team at our firm is committed to going above and beyond for our clients. Schedule a free consultation now. There is no fee unless we win, so don’t wait to get the guidance you need to win your workers’ compensation claim.