Injured workers in Florida are usually entitled to workers’ compensation benefits. The benefits pay for medical care and provide financial assistance while an injured employee is out of work. However, workers’ comp insurance providers are not always willing to pay claims.
As a result, getting the workers’ comp benefits you deserve can be a frustrating and complicated process. At Hollander Law Firm Accident Injury Lawyers, we understand that you need your workers’ compensation benefits as soon as possible. We also know that employers and workers’ compensation insurance companies can treat injured workers unfairly.
Our Fort Lauderdale workers’ compensation lawyer has over 28 years of experience handling complex cases. We can help you resolve your workers’ comp case to receive the benefits you deserve.
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How Our Fort Lauderdale Personal Injury Lawyer Can Help With Your Workers’ Compensation Claim for an On-the-Job Injury
You deserve to receive all the benefits Florida workers’ compensation laws allow. You also deserve to receive the full value of your workers’ compensation claim. At Hollander Law Firm Accident Injury Lawyers, we’ll fight to protect your rights and recover maximum benefits after a work accident.
Since 1996, Fort Lauderdale workers’ compensation attorney Gregg Hollander has fought for injured workers in Florida. He has a reputation as a fierce advocate for injured parties. We have recovered millions of dollars on behalf of our clients.
As South Florida’s top-rated personal injury lawyers, we do not give up until we exhaust all legal remedies for our clients. We have received national awards and recognition for our legal services from several organizations, including The National Trial Lawyers, Multi-Million Dollar Advocates Forum, and Martindale-Hubbell.
When you hire Hollander Law Firm Accident Injury Lawyers to help with your workers’ comp case, you can trust we will:
- Investigate your workplace accident to determine what caused your injury
- Gather evidence to support your workers’ comp claim
- Determine if you have a third-party claim that could result in additional compensation for damages
- File claims and appeals and aggressively pursue your workers’ comp benefits and award
- Consult medical specialists, vocational experts, and other expert witnesses as necessary
- Negotiate a fair settlement for your workers’ comp claim
- File appeals of denied claims and aggressively represent you in court to protect your rights
An on-the-job injury can be devastating. You might be out of work for months as you recover. Sometimes, a work injury can cause permanent impairments that impact your future earnings.
Let Hollander Law Firm Accident Injury Lawyers help you get the money you need after a work-related injury. Call now for a free case evaluation with an experienced workers’ compensation lawyer in Fort Lauderdale, FL.
What Is Workers’ Compensation?
Workers’ compensation is a no-fault insurance system providing specific benefits to employees who sustain work-related injuries. It also covers occupational illnesses developed while on the job.
You do not need to prove that your employer was negligent to receive workers’ comp benefits. Additionally, you can be partially to blame for causing your injury and receive workers’ compensation benefits.
Workers’ comp is intended to provide injured employees with prompt medical care and treatment. It also provides wage replacement benefits to assist workers when a work injury causes them to miss time from work.
How Do I Qualify for Workers’ Compensation in Fort Lauderdale, FL?
Florida workers’ compensation laws require private employers with at least four employees to purchase workers’ compensation insurance coverage. All construction employers with at least one employee must have workers’ comp coverage. Therefore, most employees in Fort Lauderdale are covered by workers’ compensation.
You qualify for benefits for an on-the-job injury if you are an employee and the injury or illness occurred during the ordinary course of your employment. The injury does not need to occur on your employer’s property to be covered. As long as you were within the scope of your employment, you should be covered by workers’ comp.
Our Fort Lauderdale workers’ comp lawyers will evaluate your claim for no charge. Call for a free appointment to see if you are entitled to worker’s comp benefits.
What Types of Workers’ Compensation Benefits Can I Receive After a Fort Lauderdale Workplace Accident?
Workers’ compensation provides two primary benefits for injured employees: medical treatment and loss of income benefits.
Those benefits include:
- Payment of Medical Expenses – Your employer or its insurance provider covers the cost of medical treatment for a covered work injury. You must seek treatment from a doctor pre-approved by the workers’ comp insurance company. However, you can seek emergency medical treatment from the nearest hospital if necessary.
- Temporary Total Disability Benefits – TTD benefits are paid when you cannot work after a workplace accident. You can receive up to two-thirds of your average weekly wages.
- Temporary Partial Disability Benefits – TPD benefits are paid to make up some of the difference in income if you can work after an accident but are not earning the same wages as before the accident.
- Impairment Benefits – If you have a partial impairment after reaching maximum medical improvement because of a work injury, you can receive monetary benefits for the impairment. The amount of your award depends on the impairment rating and the type of injury.
- Permanent Total Disability – If you cannot engage in any activity to earn income after a work accident, you could receive permanent disability benefits. You can receive up to two-thirds of average weekly wages as long as you are disabled.
Family members can receive death benefits when a worker dies because of work-related injuries. The compensation does not ease the grief of losing a loved one, but it can help a family meet their financial obligations after a fatal workplace accident takes their loved one from them.
Pain and suffering damages are not covered by workers’ compensation insurance. As discussed, you do not receive reimbursement for all lost wages in a workers’ compensation claim. However, if your case qualifies for a third-party claim, you might receive compensation for these damages and more.
Filing a Third-Party Claim After a Fort Lauderdale Workplace Accident
In most situations, workers’ compensation laws prevent workers from suing their employers for damages caused by a work injury. However, that does not mean you cannot sue a third party if their negligence or intentional torts cause your injury on the job.
For example, suppose you were injured in a car accident while going to a customer’s house to perform services. You might have a personal injury claim against the driver who caused the accident.
Likewise, suppose you are injured because of defective machinery at work. You might have a product liability claim against the product’s manufacturer.
Potentially liable parties for a workplace accident include:
- Property owners
- Government agencies
When you file a claim or lawsuit for a workplace accident, a third party could be liable for the total value of your economic damages.
Economic damages could include:
- All loss of income
- Medical bills
- Out-of-pocket expenses
- Long-term nursing care
- Household services
- Personal care
- A decrease in future earning capacity
- Rehabilitative therapy
You can also recover compensation for your pain and suffering damages if you are suing a third party in a personal injury claim.
Examples of non-economic damages include:
- Loss of enjoyment of life
- Physical discomfort
- Scarring and disfigurement
- Mental anguish
- Diminished quality of life
- Emotional distress
- Impairments and disabilities
Additionally, you could receive punitive damages in a lawsuit against a third party. However, you must prove that the party acted with gross negligence or intent to cause your injury.
It is also important to note that third-party claims require you to prove that the other party caused your injury. These claims are also subject to contributory fault allegations. If you are partially to blame for causing your injury, it could impact your compensation for a third-party claim.
What Are the Deadlines for Filing Workers’ Compensation Claims in Florida?
You must provide your employer with notice of the injury within 30 days after the accident. You might not receive workers’ comp benefits if you do not report the work injury to your employer within 30 days.
Filing a formal workers’ comp claim typically has a two-year statute of limitations. The court could dismiss the claim if you do not meet the deadline.
Third-party personal injury claims for workplace accidents are also subject to statutes of limitations. Florida recently changed its statute of limitations for many personal injury cases.
Most personal injury claims occurring after March 24, 2023, have a two-year deadline to file lawsuits. However, you could still have four years to file a lawsuit if your injury occurred before that date.
Deadlines for workers’ comp claims can be confusing. It is in your best interest to report the work injury to your employer immediately. Then, seek legal advice from an experienced Fort Lauderdale workers’ compensation lawyer as soon as possible.
Schedule a Free Consultation With Our Fort Lauderdale Workers’ Compensation Lawyer
Don’t let your employer or the workers’ comp insurance company pressure you to accept a low settlement offer. Let our legal team at Hollander Law Firm Accident Injury Lawyers fight to get you the benefits and compensation you deserve for a work injury. Call now for a free case review with our top-rated Fort Lauderdale workers’ compensation attorney.