Hollywood FL Workers’ Compensation Lawyer
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.
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.
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, 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.