Fort Lauderdale Workplace Injury Lawyer
Workplace injuries can happen any time, and they can happen over time. Injuries and accidents are as varied as the Florida workplaces themselves, but in any instance, the employer’s workers’ compensation insurance should provide the injured worker with medical coverage and wage loss replacement. Below we look at some of the most common kinds of injuries in Florida workplaces and the excuses insurance companies make to deny claims for benefits. If you get injured on the job and need help getting benefits in Broward, Miami-Dade or Palm Beach County, contact The Law Offices of David Benenfeld, P.A., at our offices in Sunrise, Fort Lauderdale or West Palm Beach. Our Fort Lauderdale workplace injury lawyers have years of experience helping injured workers like you get medical care and compensation after an injury at work.
Common Workplace Injuries
Back & Neck Injuries – Jobs that require heavy lifting, reaching overhead, bending, or standing for long periods can cause painful and debilitating neck and back injuries. You might need medication, physical therapy or significant time off to recover. Some spinal injuries need surgery to correct. Insurance companies will often disagree over the appropriate form of treatment, and they are also likely to claim your condition is caused by a degenerative disease or activities you engage in outside of work. We’ll work to prove your injury is job-related and help you get the right kind of treatment. Workers who suffer serious back trauma on the job may also be dealing with a herniated disc or spinal cord damage that requires long-term care and rehabilitation. In the most severe cases, these injuries can lead to partial or full paralysis, making it critical to secure full workers’ compensation benefits from the start.
Head & Brain Injuries – Head and brain injuries, including skull fractures, concussions and traumatic brain injury, can happen in a fall or from being struck by a falling object or moving piece of equipment. These are some of the most common types of workplace accidents in construction. Getting a prompt and accurate diagnosis of a head or brain injury is vital to getting appropriate care and treatment. It may be important to see a specialist for an accurate diagnosis, but it’s up to the employer’s workers’ comp carrier to decide if you get to see a specialist or not. If the insurance company’s chosen physician is not providing adequate care, you may need to request a change of doctor or challenge the findings of an independent medical examination. If you don’t think you are getting the care you need, call Fort Lauderdale worker’s comp attorney David Benenfeld for help.
Shoulder & Knee Injuries – Lifting and carrying heavy objects, working with heavy equipment, twisting and turning on the job, or slipping or tripping at work are the main routes to a shoulder or knee injury in the workplace. Common injuries include tendon, ligament and joint injuries, particular to the MCL, ACL or meniscus in the knee, or the rotator cuff in the shoulder. Treatment ranges from pain relievers and rest to invasive surgeries and joint replacement. Expect that insurers will shy away from more expensive treatment, along with claiming your injury is the result of playing sports, a car accident, or a degenerative disease.
Repetitive Strain Injuries – Workers who perform the same movement day in and day out are at risk of developing a repetitive strain injury, also known as repetitive stress or repetitive motion injuries. Factory and warehouse workers are at risk for chronic back or neck problems, particularly if they work on an assembly line or with jarring equipment such as jackhammers. Office workers are also highly at risk for repetitive strain injuries such as carpal tunnel syndrome or tendinosis from typing or moving a mouse, as well as back and neck problems due to long periods of sitting. You may need work accommodations or even surgery, but the insurance company is likely to wave away any claims of a serious injury if you don’t have an experienced workers’ comp lawyer advocating for you.
Burns & Chemical Exposure – Workers in manufacturing, food service, construction, and industrial settings face daily exposure to open flames, hot surfaces, electrical hazards, and toxic chemicals. Burn and chemical exposure injuries can range from minor first-degree burns to life-threatening third-degree burns requiring skin grafts and extended hospital stays. Chemical burns can also cause lasting damage to the eyes, lungs, and internal organs. Employers have a responsibility to provide proper safety equipment and training, but when they fall short, workers pay the price. Insurance carriers frequently dispute the severity of burn injuries or argue that the worker failed to follow safety protocols. Our attorneys know how to counter these tactics and fight for coverage of the full course of treatment you need.
Crush Injuries & Amputations – Heavy machinery, forklifts, conveyor belts, and collapsing structures can cause devastating crush injuries that damage bones, muscles, nerves, and internal organs. In the worst cases, a crush injury may result in a traumatic amputation that permanently changes a worker’s life and ability to earn a living. Workers in warehouses, factories, and construction sites are at the highest risk. A forklift accident alone can cause catastrophic harm in seconds. These cases often involve questions about whether safety regulations were followed and whether the injured worker is entitled to temporary or permanent disability benefits. Our firm works to ensure that workers with severe injuries receive every dollar they are owed.
Eye Injuries & Hearing Loss – Flying debris, chemical splashes, welding arcs, and dust exposure can all cause serious eye injuries on the job. Similarly, prolonged exposure to loud machinery and equipment without adequate hearing protection can lead to permanent occupational hearing loss. These injuries may develop gradually over months or years, which makes it harder for workers to connect the condition to their employment. Insurance companies take advantage of this timeline, arguing the condition is age-related or caused by factors outside of work. An experienced workers’ comp attorney can help establish the occupational link and secure benefits for treatment, assistive devices, and lost earning capacity.
Slip and Fall Injuries at Work – Wet floors, uneven surfaces, cluttered walkways, and poorly maintained stairwells are responsible for thousands of slip and fall injuries at work every year in Florida. These accidents can result in broken bones, torn ligaments, head injuries, and back damage that keep workers off the job for weeks or months. Employers sometimes try to blame the worker for not paying attention, but in many cases the real issue is a failure to maintain a safe work environment. Our firm investigates the conditions that led to your fall and holds the responsible parties accountable.
Understanding the Workers’ Compensation Process
After a workplace injury, the steps you take in the first few days and weeks can have a major impact on your claim. You must report your injury to your employer within 30 days, and your employer is then required to notify their workers’ compensation insurance carrier. The carrier will direct your medical care, which often means seeing a doctor chosen by the insurer rather than your own physician. If you are unsatisfied with the care you are receiving, you have the right to request a one-time change of physician. Understanding how the workers’ compensation process works gives you a significant advantage when dealing with an insurance company that is looking for every reason to minimize your claim.
One of the most important milestones in any workers’ comp case is reaching maximum medical improvement, or MMI. This is the point at which your doctor determines that your condition is unlikely to improve further with additional treatment. Insurance companies use MMI as a trigger to reduce or terminate benefits, even if you are still in pain or unable to work at your previous capacity. Having a lawyer who understands how MMI determinations affect your benefits is essential to protecting your financial future.
If your claim has been denied by the insurance company, you still have options. Our attorneys can file a Petition for Benefits with the Office of the Judges of Compensation Claims and represent you at hearings. If the initial decision is not in your favor, we also handle workers’ compensation appeals to pursue the benefits you deserve.
When a Third Party Is Responsible for Your Workplace Injury
In some cases, your workplace injury may have been caused by someone other than your employer. A negligent subcontractor, a defective piece of equipment, or a dangerous condition on property owned by a third party can all give rise to a third-party workers’ compensation claim. Unlike a standard workers’ comp claim, a third-party lawsuit allows you to pursue full compensation for your injuries, including pain and suffering, which is not available through the workers’ comp system alone. Our attorneys evaluate every workplace injury case for potential third-party liability to ensure you are not leaving money on the table.
Workers who face retaliation from their employer for filing a claim should know that Florida law provides strong protections. If you have been fired, demoted, or had your hours reduced after reporting a workplace injury, our workers’ compensation retaliation lawyers can take action to protect your rights and hold your employer accountable. You should never be punished for exercising your legal right to benefits after a work injury.
Reaching a Fair Workers’ Compensation Settlement
Many workers’ compensation cases in Florida are resolved through a negotiated settlement rather than a prolonged dispute before a judge. A settlement can provide a lump-sum payment that covers your medical expenses, lost wages, and future care needs. However, accepting a settlement also means giving up your right to pursue additional benefits in the future, so it is critical to have an attorney review any offer before you agree to it. The Law Offices of David Benenfeld will evaluate your settlement offer against the full value of your claim and advise you on whether accepting or continuing to fight is in your best interest. We also help workers navigate return to work issues, including disputes over light-duty assignments, modified work restrictions, and whether you are physically able to perform the duties your employer is asking of you.
Our Fort Lauderdale Workers’ Compensation Lawyer Can Help You When You Are Injured on the Job
For help getting workers’ compensation after an injury on the job in Broward, Miami-Dade or Palm Beach County, call The Law Offices of David Benenfeld in Sunrise, Fort Lauderdale or West Palm Beach. We offer a free initial consultation, and we’ll only charge a fee if we are successful in recovering benefits on your behalf.