Workers’ Comp Claims

Have you sustained injuries while performing the duties of your job? While the workers’ compensation system should provide benefits for medical care and lost wages, insurers often delay or deny valid claims.

You need an advocate to protect your rights.

If you’ve suffered an injury on the job in Fort Lauderdale, don’t try to handle your workers’ comp claim alone. Call (954) 677-0155 today for your free consultation with an experienced Fort Lauderdale workers’ comp attorney at the Law Offices of David M. Benenfeld. Let us fight for the compensation you need to move forward

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How Our Firm Manages Your Workers’ Comp Claim

 

When you’re dealing with a workplace injury, having qualified legal representation can be the difference between fair settlements and denied claims.

Our attorneys have years of experience helping individuals like you obtain the compensation they need after workplace injuries significantly impact their lives. We understand that every case comes with unique circumstances.

At the Law Offices of David Benenfeld, we take the time to listen to your story, identify your case strengths, and develop a strategy tailored to your needs. We provide you with the reassurance and peace of mind that comes with professional legal representation so you can focus on your recovery.

We Make Legal Representation Affordable

When you work with our team, you’ll receive a free consultation with no obligation whatsoever. We want you to understand your rights and options before making any decisions about your case.

Our firm handles workers’ compensation cases on a contingency fee basis. This means you pay no attorney’s fees unless we obtain your benefits. We provide a clear fee agreement that explains this structure, including how case costs and expenses are handled, so you understand the process completely from the start.

We Handle All Aspects of Fort Lauderdale Workers’ Comp Claims

 

From submitting your initial claim to challenging denied benefits, our legal team oversees every stage of your workers’ compensation case with thoroughness and attention to detail. At the Law Offices of David Benenfeld, our attorneys take care of all documentation, coordinate with insurance adjusters, collect vital medical records, and advocate for you at hearings when required. Our goal is to reduce your stress and ensure no detail is overlooked. With us handling the legal burdens, you can prioritize your health and recovery.

We Understand Florida’s Workers’ Comp Laws

Florida’s workers’ compensation laws can be complex and confusing for individuals unfamiliar with our legal system. Our attorneys have extensive experience working within Florida’s workers’ comp framework. So, we understand the nuances that can make or break your case. We stay current with changes in the law and know how to apply legal precedents to strengthen your claim and maximize your benefits.

How Long Do You Have to File a Workers’ Comp Claim in Florida?

Florida law generally allows an injured worker two years from the date of injury to file a formal Petition for Benefits. However, you must report a work injury to your employer within 30 days of the incident. Failure to do so can jeopardize your claim approval. Don’t delay seeking legal counsel.

Consult a trusted Fort Lauderdale workers’ comp attorney by calling the Law Offices of David M. Benenfeld at (954) 677-0155.

What Benefits Can You Recover in a Workers’ Comp Claim?

Workers’ compensation benefits are designed to help injured employees recover both physically and financially from workplace injuries.

The amount of compensation you receive depends on the severity of your injury, your average weekly income, and your ability to return to work. An attorney will help you understand what benefits are available for the specifics of your case.

Fort Lauderdale workers’ comp claims may include:

• Medical expenses
• Rehabilitation services
• Temporary total disability benefits for when you cannot work at all
• Temporary partial disability benefits when you can work but in a limited capacity
• Permanent total disability benefits for severe injuries that prevent you from working permanently
• Permanent partial disability benefits for lasting impairments that affect your earning capacity
• Death benefits for surviving family members in the event of wrongful death
• Mileage reimbursement for travel to medical appointments related to your injury

Keep in mind that workers’ compensation is a no-fault system, meaning you’re entitled to benefits regardless of who caused the accident. However, insurance companies often try to minimize payouts or deny legitimate claims altogether. Hiring an experienced Fort Lauderdale workers’ comp lawyer ensures you receive all the benefits you’re entitled to under Florida law.

Why Do Insurers Deny Workers’ Comp Claims?

While Florida’s workers’ compensation system is designed to protect injured employees, the reality is that many workers face significant challenges in obtaining the benefits they deserve. Insurance companies often look for ways to minimize their payouts. Injured workers may encounter various obstacles throughout the claims process.

Understanding these potential challenges can help you prepare for what lies ahead and recognize your need for experienced legal representation to protect your rights.

Claim Denial

Insurance companies deny workers’ compensation claims for various reasons, some of which are legitimate, while others are questionable.

Common reasons for denial include disputes about whether the injury occurred at work, claims that the injury was pre-existing, or arguments that the employee was intoxicated or violated safety policies at the time of the accident.

When your claim is denied, you have the right to appeal the decision. We navigate the appeals process so that you can focus on rehabilitation.

Insufficient Medical Treatment

Insurance companies frequently try to limit the medical treatment you receive by directing you to specific doctors, questioning the necessity of recommended treatments, or refusing to authorize expensive procedures.

They may also attempt to cut off medical benefits prematurely by claiming you’ve reached maximum medical improvement before you’re fully recovered. Our workers’ comp attorneys fight to ensure you receive the treatment your doctors believe is necessary.

Inadequate Benefits

Insurance companies often miscalculate benefit amounts or fail to account for all compensable damages you’re entitled to receive.

They may undervalue your average weekly earnings, dispute your level of disability, or refuse to pay for certain types of benefits altogether. Without proper legal representation, you may accept settlements that are far below what your case is actually worth, leaving you financially vulnerable for years to come.

At the Law Offices of David M. Benenfeld, we negotiate for maximum settlements and advise when to settle or pursue litigation.

Where Do Workplace Accidents Occur in Fort Lauderdale?

Fort Lauderdale’s diverse economy means that workplace accidents can happen across a wide range of industries and job sites throughout the city. From wet floors to loose wires, workers face potential hazards every day. Common places where workplace accidents occur are as follows:

• Construction sites and building projects throughout the city
• Marine and boating industry facilities along the waterfront
• Healthcare facilities, including hospitals and nursing homes
• Retail stores and shopping centers
• Office buildings and corporate headquarters
• Manufacturing and warehouse facilities
• Transportation and logistics companies
• Schools and educational institutions
• Government facilities and municipal workplaces
• Restaurants and eateries
• Hotels and hospitality businesses serving the tourism industry

While some industries have higher accident rates than others, workplace injuries can happen anywhere. Even office workers can suffer injuries from slip and fall accidents, repetitive stress injuries, or accidents involving office equipment. No matter where your accident occurred in Fort Lauderdale, you have rights under Florida’s workers’ compensation system.

Common Types of Workplace Accidents

Workplace accidents come in many forms, and understanding the most common types can help you recognize when you have a valid workers’ compensation claim. Some accidents occur suddenly and obviously, while others develop gradually over time.

Common types of workplace accidents that lead to filing Fort Lauderdale workers’ comp claims are as follows:

• Slip and Fall Accidents: Wet floors, uneven surfaces, and poorly maintained walkways create hazardous conditions that can cause workers to lose their balance and fall. These accidents frequently result in serious injuries, including broken bones, head trauma, and spinal injuries that may require extensive medical treatment.
• Falls from Heights: Ladders, scaffolding, roofs, and elevated work platforms present significant risks when safety protocols aren’t followed or equipment fails. Construction workers and maintenance staff face particular dangers from these types of accidents, which can result in catastrophic injuries or death.
• Struck by Falling Objects: Tools, materials, and equipment that aren’t properly secured can fall and strike workers below. Warehouses and construction sites pose a higher risk for these incidents, especially when overhead work is performed without adequate protection.
• Motor Vehicle Accidents: Company vehicles, delivery trucks, and other work-related driving create opportunities for serious accidents. Commercial drivers and delivery personnel face these risks daily, whether from their own vehicle malfunctioning or collisions with other drivers.
• Machinery Accidents: Manufacturing equipment, power tools, and heavy machinery can cause severe injuries when operators aren’t properly trained, or safety guards fail. Even with proper training and safety protocols in place, mechanical failures and human error can still lead to devastating accidents.
• Repetitive Stress Injuries: Performing the same motions repeatedly over months or years can cause gradual damage to muscles, tendons, and joints. Office workers, assembly line workers, and others who perform repetitive tasks are particularly susceptible to these cumulative injuries.
• Chemical Exposure: Harmful chemicals, toxins, and other hazardous substances can cause immediate burns or long-term health problems through inhalation or skin contact. Industrial workers often face these risks daily, and even brief exposure to certain substances can have lasting health consequences.
• Workplace Violence: Assaults by coworkers, customers, or other individuals while on the job can result in both physical injuries and psychological trauma. Security personnel and customer service workers may face higher risks, but violence can occur in any workplace setting.
• Burns: Hot surfaces, chemicals, electrical sources, and fires in the workplace can cause painful burns ranging from minor to life-threatening. Restaurant workers, electricians, and industrial workers commonly face burn risks as part of their daily job duties.
• Cuts and Lacerations: Knives, machinery, glass, and other sharp objects in the workplace can cause deep cuts requiring immediate medical attention. Food service workers and manufacturing employees frequently encounter these hazards, and even minor cuts can become infected or result in permanent scarring.

Regardless of how your accident occurred, if it happened while you were performing your job duties, you likely have a right to workers’ compensation benefits. Some accidents may seem minor at first, but they can develop into serious conditions that require extensive medical treatment. Don’t assume your injury isn’t significant enough to warrant filing a claim.

The Law Offices of David M. Benenfeld Demands Fair Settlements

Insurance companies often try to settle workers’ compensation claims for far less than they’re worth, hoping injured workers will accept inadequate compensation rather than fight for what they deserve. Our legal team has the experience and determination to stand up to insurance companies and demand fair settlements that fully compensate our clients for their losses:

• We thoroughly investigate your accident to gather all available evidence supporting your claim.
• We collaborate with medical professionals to document the full extent of your injuries and determine your treatment needs.
• We calculate the true value of your claim, including all current and future expenses.
• We negotiate aggressively with insurance companies to secure maximum compensation.
• We’re prepared to take your case to trial if necessary to protect your rights.
• We keep you informed throughout the process so you understand what’s happening with your case.

Don’t let insurance companies take advantage of your situation when you’re already dealing with the stress of a workplace injury. Our attorneys are familiar with the tactics insurance companies use to minimize payouts, and we’re prepared to counter their strategies with strong legal arguments and compelling evidence. We fight for settlements that reflect the true impact of your injury on your life and future.

Frequently Asked Questions About Fort Lauderdale Workers’ Comp Claims

 

Can my employer fire me for filing a workers’ compensation claim?

No. Florida law prohibits your employer from retaliating against you for filing a workers’ compensation claim in good faith. This includes firing, demoting, or otherwise discriminating against you.

If you believe you face retaliation, you may have grounds for a separate legal action against your employer.

What is Maximum Medical Improvement (MMI)?

Maximum Medical Improvement, or MMI, is when your doctor determines your condition has stabilized.

Once you reach MMI, a doctor will assign you a disability rating if you have a permanent impairment, which is a key factor in determining your eligibility for permanent disability benefits.

Do I have to see the doctor my employer’s insurance company chooses?

Initially, yes. In Florida’s workers’ compensation system, the insurance carrier has the right to select your treating physician.

However, the law allows you to request a one-time change to a different doctor of your choosing after your initial treatment. Our firm can assist you with the formal request.

What happens if my employer does not have workers’ compensation insurance?

With few exceptions, Florida law requires most employers to carry workers’ compensation insurance. If your employer fails to maintain this coverage, they face severe penalties.

As an injured worker, you may still have options, including filing a personal injury lawsuit against your employer directly. This type of lawsuit allows you to pursue damages not typically available in a workers’ comp claim, such as pain and suffering.

Speak to a Fort Lauderdale Workers’ Comp Claims Attorney Now

Time is of the essence when it comes to workers’ compensation claims in Florida. Don’t wait to seek legal help if you’ve suffered an injury at work in Fort Lauderdale. Our experienced workers’ comp attorneys at the Law Offices of David M. Benenfeld are ready to review your case and help you understand your options.

Our Fort Lauderdale workers’ comp lawyers understand that dealing with a workplace injury is stressful enough without worrying about legal complexities and insurance company tactics. Let us handle the legal aspects of your case so you can focus on your recovery.

Remember, your initial consultation is free, and you’re under no obligation to hire us after speaking with our team. We want you to make an informed decision about your legal representation, and we’re confident that once you understand how we can help, you’ll want us on your side.

Call (954) 677-0155 today for your consultation and take the first step toward getting the compensation you need to move forward with your life.
 

Schedule A Free Consultation

 

Law Offices Of David M. Benenfeld, P.A. – Fort Lauderdale Office

Address: 101 NE 3rd Ave Suite 1500
Fort Lauderdale, FL 33301
Phone: (954) 677-0155