You should get a lawyer for a work injury as soon as you get hurt on the job. Engaging a legal representative immediately can protect your rights. Hiring a lawyer may be especially important when workers’ compensation insurance refuses to pay for your medical treatment or provide wage replacement benefits. You should also consider working with an attorney if you have a negligence-based claim against a liable third party.
If you suffered an injury at work, the Florida workers’ compensation lawyers with our law firm can tell you more about your options for recovering damages.
When Should You Hire Our Work Injury Attorneys?
Getting a lawyer for a work injury from the outset of your claim can protect your rights and help you recover benefits. It may be especially helpful to hire our attorneys if:
- You have an injury that prevents you from working. If you have a disabling injury or illness that limits your work capabilities or prevents you from working at all, you may qualify for wage replacement benefits. Wage loss claim amounts can be significant, especially if your condition is total or permanent. Insurance companies may fight to keep payouts low. It can help to have a legal representative from our workplace injury law firm on your side.
- Your workers’ compensation does not cover your losses. Workers’ compensation insurers will often try to get away with offering as little in benefits as possible. If you do not feel your benefits cover your medical expenses or accurately compensate your wages, our work injury attorneys can fight for more.
- Your claim gets denied. If your employer or their insurance company denies your claim, the lawyers with our firm can help you appeal.
- Your employer retaliates against you. Florida Statutes § 440.205 states it is illegal for employers to fire, threaten to fire, or otherwise coerce an employee for filing a valid workers’ compensation claim. Our legal team can make sure they respect your rights.
Do You Have a Negligence-Based Work Injury Claim?
Workers’ compensation insurance is mandatory for most employers in Florida. If your employer carries workers’ comp, you usually cannot sue them for a job-related injury. However, you may have a claim against a liable third party, such as a property owner, contractor, or supplier, if their negligent behavior caused your work injury.
What Do Our Workers’ Compensation Lawyers Do?
The work injury lawyers with our law firm can help you secure full and fair workers’ compensation benefits. We can investigate your work injury, prove it occurred on the job, and fight to get your medical expenses covered. In cases involving a severe or disabling injury, we can establish your right to recover wage replacement benefits.
If you have grounds for a third-party claim, our Florida personal injury lawyers can show that a liable party’s negligent actions caused your injury and that you qualify for financial compensation.
In addition, we can handle case details, allowing you to focus your time and energy on healing. Our team can:
- Identify and pursue your work injury damages
- Prepare and file insurance claims
- Communicate with involved parties on your behalf
- Manage insurance and legal deadlines
- Aggressively negotiate for the maximum compensation possible
- Appeal denied claims
- File a lawsuit and represent you in court if necessary
What Benefits Can You Recover With Workers’ Compensation?
According to Florida’s Chief Financial Officer (CFO), workers’ compensation benefits may include:
- Medical treatment. As long as you seek treatment from an authorized provider, your workers’ compensation insurance should pay for medical care, including doctor’s visits, hospital stays, medical testing, prescription medication, prosthetics, physical therapy, and attendant care.
- Wage replacement. You can seek wage benefits if you cannot work because of your injury. Replacement usually equals 66 2/3 percent of your average pre-injury weekly wage, though severely injured workers may qualify for up to 80 percent of their income. Benefits may last up to 104 weeks. If your injury leaves you permanently unable to work, you may be able to receive benefits longer.
- Death benefits. If your loved one suffered a fatal work injury, you may qualify for death benefits. Compensation may include up to $7,500 in funeral expenses, wage compensation for the deceased’s dependents, and educational benefits for the surviving spouse.
What if your injury allows you to work in some capacity, but you cannot return to your previous job? Workers’ compensation may also provide reemployment services, including formal retraining, vocational counseling, and job placement.
Can You Get Additional Damages With a Personal Injury Claim?
Yes. If you have a personal injury claim against a liable third party, our personal injury attorneys can help you recover damages not available through workers’ compensation, including:
- The full value of your lost wages and employment benefits
- Lost future income and lost earning capacity
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Diminished quality of life
- Loss of a deceased loved one’s services, support, and companionship
- Wrongful death damages for surviving family members’ mental pain and suffering
How Long Do You Have to File a Workers’ Compensation Claim?
Florida Statutes § 440.185 states that you must notify your employer about your work injury within 30 days of when it occurred, or you may be unable to file a claim. After you tell your employer, they have seven days to report the injury to the workers’ compensation insurance company.
If legal action is necessary, Florida Statutes § 95.11 establishes a two-year statute of limitations for filing a personal injury or wrongful death lawsuit. If you contact us promptly, you give our work injury attorneys time to assess your case and come up with the right strategy to pursue your benefits.
Contact Rosenberg & Rosenberg About Your Work Injury Case
If you are wondering when to get a lawyer for a work injury, we recommend doing so as soon as possible. Rosenberg & Rosenberg has fought for injured parties in Florida for more than 50 years. Our firm was founded on hard work, a love for the community, and a desire to help people. We have recovered millions of dollars in settlements and verdicts.
Contact us online or call 24/7. We offer free consultations and take cases on contingency, so working with us costs nothing up front or out of pocket.
