Workers’ Compensation Lawyer Hollywood, FL
What happens when you get into a car accident while traveling to/from work or 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 a 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 an experienced Hollywood, FL workers’ compensation lawyer 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.
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: 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: 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: 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 an experienced Hollywood, FL workers’ compensation lawyer about whether it would apply in your situation.
Hollywood Workers’ Compensation Infographic
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 an experienced Hollywood, Florida workers’ compensation lawyer, 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, as a Hollywood, FL workers’ compensation lawyer like one from Law Offices Of Franks, Koenig & Neuwelt can tell you. 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.
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, as a Hollywood, FL workers’ compensation lawyer like one from the Law Offices Of Franks, Koenig & Neuwelt can explain.
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 a qualified Hollywood, FL 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. Navigating the complexities of workers’ compensation claims in Hollywood, FL, requires legal expertise and knowledge of the state’s laws. Hiring a skilled workers’ compensation lawyer can greatly enhance your chances of obtaining the benefits you deserve. In this article, we present five essential reasons why it’s crucial to hire a workers’ compensation lawyer.
- In-Depth Understanding of Workers’ Compensation Laws:
Workers’ compensation laws can be intricate, and they vary from state to state. A specialized workers’ compensation lawyer, possesses an in-depth understanding of the local laws, regulations, and procedures. They stay updated with any changes, ensuring your case is handled with precision and expertise. Their knowledge allows them to navigate the legal complexities and maximize your chances of receiving fair compensation.
- Expert Guidance Through the Claims Process:
The workers’ compensation claims process can be overwhelming, involving extensive paperwork, deadlines, and interactions with insurance companies. Hiring a Hollywood, FL workers’ compensation lawyer ensures you have a knowledgeable guide by your side throughout the process. They will help you gather and organize the necessary documentation, ensure deadlines are met, and handle negotiations with insurance companies, allowing you to focus on your recovery.
- 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 a dedicated lawyer, you have a strong advocate who will protect your rights and fight for the benefits you deserve. They 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.
- 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. A skilled workers’ compensation lawyer such as those at Law Offices of Franks, Koenig & Neuwelt will evaluate your case thoroughly and ensure all relevant factors are considered. They will fight for fair compensation that covers your present and future needs, helping you avoid any financial hardships caused by the injury.
- 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, your lawyer can file an appeal and represent you in administrative hearings or court proceedings. Their legal expertise 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 a workers’ compensation lawyer provides you with invaluable expertise, support, and protection throughout the claims process. They understand the intricacies of workers’ compensation laws, ensure your rights are safeguarded, and fight for fair compensation on your behalf. By enlisting the services of a Hollywood workers’ compensation lawyer, you can focus on your recovery while knowing that your case is in capable hands.
Filing a Workers’ Compensation Claim: Key Steps and Questions to Consider
As a trusted Hollywood, FL workers’ compensation lawyer understands, filing a workers’ compensation claim is a crucial step for employees who have suffered a work-related injury or illness. Understanding the process and requirements is essential to ensure a smooth and successful claim. Reach out to the 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 crucial in the workers’ compensation process. Familiarize yourself with the specific deadlines set by your employer or state law for reporting work-related incidents. 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. Ensure you have 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, ensuring 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 ensure compliance to avoid delays or complications in the claims process. Your Hollywood workers’ compensation lawyer 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 a lawyer can be beneficial. They can review your claim, help gather necessary documentation, provide representation in negotiations, and offer legal support in case of disputes or denials. Engaging a lawyer can significantly increase your chances of a successful claim outcome and ensure you receive the compensation and benefits you are entitled to.
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 role of a lawyer, you can navigate 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.