Do I Have a Case?

Do I Have a Workplace Accident Case Under Florida Law?

If you have suffered a work-related injury, such as a slip-and-fall accident, an auto accident, or injuries to your head or neck while on the job, you may have a valid workers’ compensation claim. Depending on the details surrounding your injury, you may also be able to pursue a separate third-party injury claim.

Filing a Successful Workers’ Compensation Claim Depends Upon Showing You Were Injured On The Job — Not Upon Proving Fault

Workers’ comp claims are distinct from personal injury claims in that an injured worker is not required to show their employer was at fault for the injury. Most employers in Florida are legally required to provide workers’ compensation coverage for employees injured on the job — regardless of fault. A workers’ comp claim could involve an injury caused by the employer or other employees at the company, a third party, or even a mistake by the injured employee. The details surrounding the event and the injuries and expenses you suffer strongly affect the benefits you may be able to claim.

You and your attorney will need to ensure that your claim and supporting evidence demonstrate the scope of your injury and economic losses, and that the incident took place while you were doing your job. You also need to report your accident to your employer within 30 days to avoid jeopardizing your ability to pursue your claim for workers’ compensation benefits. Your employer then has 7 days to file the workers’ comp claim with their workers’ compensation insurance company.

An injured worker can take additional steps after that to support and strengthen a workers’ comp claim. These steps include: following the orders of doctors from the employer’s insurance company’s approved list, filing a workers’ compensation claim form with the Florida Division of Workers’ Compensation (DWS) within the required time frame, and addressing any disputes or denials as needed. Your Florida workers’ compensation attorney and their support staff can guide you through these steps and handle many of these responsibilities on your behalf.

The purpose of the workers’ compensation system is to give injured workers access to the benefits they need during their time of injury and recovery. These benefits could potentially include wage replacement for a fraction of lost wages and compensation for medical treatment and expenses from an authorized provider. Medical expenses could include medications, surgeries, rehabilitation, or medical supplies. Workers’ compensation may also offer total or partial disability benefits, which could be temporary or permanent.

Our experienced Fort Lauderdale workers’ compensation attorneys can assess and estimate the value of lost wages, medical expenses, and other benefits you may be able to seek under Florida’s workers’ compensation laws.

Visiting Authorized Doctors to Diagnose and Treat Workplace Injuries while Building Evidence to Support Your Florida Workers’ Compensation Claim

In Florida, you must report a work-related injury incident to your employer within 30 days. Your employer must then report the injury to their workers’ compensation insurance carrier within seven days after you notify them.

The workers’ comp insurance carriers will require you to visit doctors from their own approved list of doctors. Although you cannot seek medical care from your own preferred doctor, any initial injury diagnosis or care administered to you in an emergency setting should be done by a doctor who practices the same specialty as your injury. If possible, this doctor should also be under contract with the workers’ compensation insurance company.

To protect your rights and support your claim, you and your attorney must also file a claim with the Florida Division of Workers’ Compensation within two years of the injury and/or one year from the date of the last authorized medical treatment — whichever is later.

An experienced Florida workers’ compensation attorney can assess your situation, help you collect evidence to support your claim or your appeal, and guide you throughout the legal process.

Pursuing Compensation for Pain and Suffering Through a Separate Injury Claim If a Third Party Caused Your Workplace Injury

If someone besides your employer caused your work-related injury, you may also be able to pursue a second claim handled completely outside of the workers’ compensation system. Unlike workers’ comp claims, third-party injury claims in Florida depend upon proving fault for the injuries and losses you have suffered.

Unlike worker’s comp benefits, third-party claim damages for workplace injuries are not limited. Depending on the details surrounding your injury, you might be able to seek additional compensation through this avenue. These claims also differ because they allow you to include non-economic damages like pain and suffering — subjective experiences not directly tied to medical expenses. A Fort Lauderdale workers’ compensation lawyer at the Law Offices of David M. Benenfeld, P.A. can discuss your options during your free consultation.

Hiring an Experienced Florida Workers’ Compensation Attorney

Filing a workers’ compensation claim in Florida does not require you to prove that your employer’s carelessness caused the accident that led to your injuries. However, many factors will seek to prevent you from filing a successful workers’ comp claim. You and your attorney need to support your claim with evidence demonstrating your injuries and expenses. An experienced Florida workers’ compensation lawyer can explain your options for pursuing recovery.

Insurance companies in the workers’ compensation system have a dedicated team of investigators and other professionals seeking to minimize or deny workers’ compensation claims. Even though you do not need to show fault in a Florida workers’ comp claim, workers’ compensation insurance companies are not committed to pursuing your recovery or your legal or financial interests.

To effectively navigate Florida’s Workers’ Compensation system, you need a team of legal professionals who will fight for your interests. At the Law Offices of David M. Benenfeld, P.A., we provide personalized attention throughout the duration of work-related injury cases in and around Fort Lauderdale, West Palm Beach, Pompano Beach, and Sunrise, Florida.

Find Out If You Have a Valid Case During a Free Consultation

We won’t charge you for your initial consultation. Let’s discuss your questions and concerns at no cost to you so we can evaluate the strength of your case, avoid pitfalls that could threaten your claim, and help you determine the right next steps to seek the compensation you need.

Call the Law Offices of David M. Benenfeld, P.A. today at (954) 677-0155(954) 677-0155 or fill out our online form to schedule a free consultation with one of our skilled Florida workers’ compensation attorneys. Call us 24/7. When we take your case, we invest in your recovery. Our contingency-fee policy means we are only paid if you recover.

If You’ve Been Hurt – We Can Help!