Fort Lauderdale Workers Compensation Lawyer
Table of Contents
- Legal Implications of Workers’ Compensation
- How does worker’s compensation work in Florida?
- How do I get worker’s compensation?
- How Can A Fort Lauderdale Workers Compensation Lawyer Help?
- What If I’m Not Able to Return to the Same Job?
- Contact An Experienced Fort Lauderdale Workers Compensation Lawyer Today
Fort Lauderdale Workers Compensation Lawyer
Legal Implications of Workers’ Compensation
Under Florida law, an employer who employs four or more workers is required to provide workers’ compensation insurance. Those in the construction industry are required to provide workers’ compensation for all employees, no matter how few. Under this program, if you are injured while on the job or develop a disease that is directly related to exposure in the work environment, you are eligible for benefits.
How does worker’s compensation work in Florida?
When a worker is injured, that person is required to notify his or her employer as soon as the injury or work-related disease is realized. Workers have 30 days to notify their employer in order to retain their right to benefits. The employer then has another week to report this to the insurance company.
The insurance company should send an informational packet around three days after receiving the notice from your employer. This packet will inform you of your rights and provide helpful information about worker’s compensation.
By law, the employer’s insurance company should cover any related medical bills for the present and future, as well as a percentage of lost wages. The benefit checks for lost wages should cover about 66% of the injured worker’s average weekly pay. This is calculated by averaging a worker’s salary for the thirteen weeks before the injury. If a worker was at work less than 75% of the time, then his full wages may be used, or the wages of a worker in the same position will be averaged.
Get Free Advice From An Experienced Personal Injury Lawyer.
How do I get worker’s compensation?
If you have experienced an injury at your workplace, then you should immediately file a report with your employer. Include details such as the place of the injury, date, time, and events surrounding the injury. After this, make sure that the injury is medically documented and you have information about any witnesses to the injury. The insurance company should contact you and settle with you for the amount of damages that you lost. This could include medical bills, lost wages, and any emotional suffering caused by the accident.
How Can A Fort Lauderdale Workers Compensation Lawyer Help?
To ensure that you fully understand the workers’ compensation claim process and that your case is presented in the most effective manner, you should confer with one of our attorneys. They can help you determine the proper amount of damages that you should be receiving.
Their help is especially needed if one or more of the following situations apply to you:
- Your injuries need surgery or long-term care
- Your doctor predicts that your health will not be fully restored after a doctor does all they can for your injury
- You are no longer able to perform your job as you once were
- You have previous disabilities
- Electrical accidents
These situations can complicate the amount of compensation that an insurance company is willing to give you. Additionally, if an employer or insurance company refuses to give you the full amount that you deserve; our lawyers can see to it that you are not left helpless. We can help you acquire the necessary documents to prove that you are in the right. If necessary, we will even sue the employee or insurance company on your behalf.
Personal injury attorneys Craig Posner and Eric Feingold are both excellent attorneys, but more importantly, they are excellent people. I have seen first hand their hard work and dedication to clients. I would not hesitate to recommend their services to others.
– Matthew T.
What If I’m Not Able to Return to the Same Job?
If you are unable to return to the same job, we may even be able to get you funding for going back to school to get trained for a job that you are able to perform. You deserve to have the same standard of living that you did before your accident. If a worker has been killed, then that individual’s family should follow the same process in order to receive payment for medical bills or any lost income for the worker’s dependents.
Contact An Experienced Fort Lauderdale Workers Compensation Lawyer Today
If you need legal assistance in submitting and documenting a Florida workers’ compensation claim or if your claim has been denied by your employer or the insurance carrier, we recommend that you contact a Fort Lauderdale personal injury attorney at Ace Your Case, P.A. Due to the fact that we have dealt with injury cases of all kinds, whether on the job or otherwise, we are well-versed in the laws, procedures, and documentation that is necessary.
Our attorneys are familiar with the strategies that insurance companies and employers will take to deny, delay, or ignore claims and can provide aggressive legal assistance on your behalf. Our clients are our first priority, so call to get your free consultation as soon as possible. The statute of limitations on worker’s compensation claims is extremely short, so do it now before it’s too late!
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Plantation Personal Injury FAQs
When Is It the Right Time to Call a Personal Injury Lawyer?
The right time to call is as soon as possible after your accident. There are many reasons why you need to begin the legal process as quickly as you can. The legal process may even begin without you, with many calls from the insurance company trying to either rush you or to pressure you to give a statement. They may try to catch you unaware and trick you into compromising your legal rights. Hiring an attorney could prevent this from happening.
Equally important, as time passes from the time of your accident, the evidence that could help your claim can become harder to find. People might quickly clear the scene of the accident, and you may lose the ability to contact witnesses. The witnesses that you have may begin to lose their recollection of what they saw. When you hire a personal injury lawyer, they will get to work immediately to gather the evidence before it is lost.
Calling a lawyer to get started on your case is a crucial step in the legal process. Knowing that you have someone on the job with the experience and tenacity to fight for you can give you at least some peace of mind during an undoubtedly difficult time.
How Do Insurance Settlement Negotiations Work?
An insurance claim is just like any other negotiation. You have a number in mind for what you think that you should receive for your injuries, and the insurance company has a much lower number in mind for what it wants to pay. Your insurance claim begins when your Plantation personal injury attorney files a demand letter with the insurance company. This is when the adjuster goes to work to try to save money for their bosses.
The insurance adjuster may outright deny your claim or question liability. They may come back with a settlement offer. When the number seems low, and it will, know that this is just their opening offer. Your Plantation injury attorney will likely reject the offer and respond with your own demand.
Eventually, you will lower your number, and the insurance company will raise theirs, and you could meet somewhere in the middle. This is a time-honored dance that personal injury lawyers have been doing with insurance companies since the advent of courtrooms. Even when you seem very far apart from the insurance company, most cases eventually will settle.
What Happens After I File a Personal Injury Lawsuit?
Filing a personal injury lawsuit is an early part of the claim process. Most cases will never go far enough to see the inside of a courtroom. Statistically speaking, a vast majority of personal injury cases are settled out of court. However, if your case does make it to court, you should expect going into it that the trial process may take one to two years to complete. The legal system is far from rushed, as courts and judges have busy schedules and full dockets.
In the short term, you can expect motions and attempts to obtain evidence. Many people associate a lawsuit with a trial, but that only happens after many months of the nuts and bolts of the legal system. The phase of your case that will take the longest time is discovery. This is when the two sides obtain evidence that the other has in their possession. At this point, you may even need to sit for a deposition.
Filing a lawsuit will not cut off settlement negotiations. As was previously mentioned, most cases will settle without a trial. If anything, litigation may give each side more incentive to settle. The two parties usually continue negotiating right up until the point when the jury is seated.
What Evidence Can Prove My Injury Claim?
Negligence is the basis of every personal injury claim. When you file a lawsuit in court, you have the burden of proof. It will be up to you to show that what you say is more likely than not to have happened. You need to back your claim up with evidence.
Your Plantation personal injury lawyer will work to gather things that can backup your side of the story, including:
— Witness statements from people who say your injury or accident
— Pictures of the scene of your accident
— Security camera footage
— Expert witness testimony that could reconstruct the accident
— Maintenance logs of the area or vehicle involved
— Medical records that can help prove damages
These are things that can be difficult to get on your own and piece together to tell the story of what happened. Injury lawyers in Plantation, Florida, know how to both get the evidence and use it to prove that someone else was responsible for your accident.
What if I Cannot Work Due to My Injuries?
Your personal injury damages include both economic and non-economic compensation. Economic compensation aims to pay you back for the actual money that you lost. This includes bills that you paid and earnings you lost. This specifically pays you back for lost wages from your job when you are unable to work. Since you would have worked, this is money out of your pocket.
Lost wages in a personal injury settlement are much broader than you think. Of course, this includes the time that you have already missed from work. It also encompasses time that you will miss from work in the future. You do not need to outright miss work to receive compensation for this. For example, if you were qualified for a promotion but cannot get it now because your injury limits you in the type of work that you can do, you can get compensation for the reduction in your earning capacity.
Lost wages are often a very contested part of your personal injury claim because you can bet that the insurance company will see things differently to try to lower its bill. They may dispute what your possible earnings are or use a lower rate of inflation to calculate what they may be in the future.
Hear It From Our Clients
“Ace Your Case Excellent Attorneys”
Personal injury attorneys Craig Posner and Eric Feingold are both excellent attorneys, but more importantly, they are excellent people. I have seen first hand their hard work and dedication to clients. I would not hesitate to recommend their services to others.
“Great Guys Who Take Their Job Seriously”
Great guys who take their job seriously. They took care of me when I had my accident and made sure I was walked through 100% of the way.
“Pleasure And Blessing To Have Ace Your Case Represent My Family”
It has been a pleasure and blessing to have Ace Your Case represent my family. They always kept me updated on our case. The staff was excellent they always got back to me on questions I had. I highly recommend them and will continue to use them if needed.
“Not Only Very Efficient But Caring As Well”
These lawyers are not only very efficient, but caring as well. I would not hesitate to refer them to anyone.
“I Highly Recommend Them!”
Big thanks to Eric and Doug for doing a great job with the handling of my auto accident. I highly recommend them!
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