Most workers are eligible for workers compensation when there is an injury at work. It is not only for workers in high-risk industries. If you have been injured on the job call Brian Pabian today for a free evaluation. You may be able to seek compensation for damages.
Schedule your appointment for a free consultation at (954) 859-5145 today to get started.
Workers Compensation Laws in Florida
It doesn’t matter who is at fault when workplace accidents occur. This is often referred to as a no-fault law. It means that the company’s insurance provider covers them whenever there is a workplace injury. Most businesses in Florida must carry this type of coverage because it is a requirement of doing business in the state.
The exact law is called Florida Statute 440.09. It states that employers are compelled to pay injured workers compensation following an accident on the job.
The workers compensation system also protects the injured employee from having to prove the negligence of the employer. However, you should note that there are some exceptions to this. Florida workers compensation claims may be denied if it is discovered you were under the influence of drugs or alcohol when the accident occurred.
Likewise, if you violated a known safety protocol or you cannot back up your claim with a medical report, then in most cases you will not receive compensation. Failing to report the accident within a reasonable timeframe is also cause for dismissal.
If your Ft. Lauderdale workers compensation claim was already denied, you still may have options. Call Brian Pabian, a workers compensation in Ft Lauderdale FL who can discuss those options with you, at (954) 859-5145.
Florida Workers Compensation Lawyer in Ft. Lauderdale FL: Benefits You May Receive
Personal injury cases in Ft. Lauderdale are different from workers comp cases. For example, personal injury can happen in a car accident. However, the way a workers compensation injury is approached is different.
In a personal injury case, you can sue for ‘pain and suffering.’ However, workers compensation does not allow for that. You may receive compensation for the following instead:
- Medical bills and medical care
- In-home care
- Disability benefits (temporary or permanent)
- Death benefits (which go to your dependents)
- Lost wages
- Tuition for retraining
You may receive a settlement offer from the company. Usually, the initial offer is lower than it should be. So, make sure you agree with the amount. Consider whether the amount will cover your long term needs.
If you do not agree with the offer, you have the right to turn it down. Furthermore, you can enter into negotiation with the employer’s compensation insurance company. Also, if you cannot agree on an amount, the negotiations may be moved into the courtroom.
Do you need a knowledgeable workers compensation lawyer to assist you with your workers compensation claim? Our firm consults with medical experts and can calculate an appropriate settlement amount. We are happy to negotiate on your behalf or to go to trial if necessary.
Call the workers compensation in Ft Lauderdale FL law offices of Brian Pabian today at (954) 859-5145 before too much time passes. Your claim can also be denied if you wait too long to file.
When should you file for workers compensation in Fort Lauderdale?
You should not wait to file a claim following common workplace injuries. Florida workers compensation laws state you must report this accident to the employer within a month (no later than 30 days) of the occurrence.
However, the exception to this is if you sustain an injury that worsens over time and is directly related to work. The law states that you must report this to your employer within 30 days of this realization.
Next, the employer must report it within the week. After the insurance company receives the report, they have three days to respond. They must do so by sending you a brochure explaining the process and your responsibility toward the claim.
It is in your best interest to check to make sure they have reported it to the insurance company in a timely manner. Make sure you keep track of when you notified your employer, and any correspondence or conversations had during this time.
Many employers are either unaware or choose to willfully ignore these time constraints. If this is the case for you, your best recourse is to find a workers compensation lawyer in Ft Lauderdale FL to represent you. Seek legal advice from Brian Pabian today to set up a free consultation: (954) 859-5145.
Actions You Must Take After the Accident
Whenever an accident occurs at work you may not be thinking about medical bills, lost wages or whether you will be able to work in the same capacity again. In all likelihood, you are just trying to recover.
However, there are some strategic and crucial actions you must take to build a successful workers compensation case in South Florida.
Follow These 3 Steps
First, file a report with your employer. Be sure to ask for a copy of that report. If you are too injured to do so, a spouse or designated individual may be able to do this for you. You have a month to do this, then it is too late. Next, if you haven’t done so already, seek medical care. You do this for two reasons.
One reason is that you want to have credible documentation that you are indeed injured. Second, your employer must authorize the use of a doctor at the time of your accident (as well as follow up visits). Make sure to follow up and ask if this had been done.
Last, keep records of everything pertaining to the accident, your recovery, and actions taken. Items you will want to keep track of include:
- Date the accident occurred and the details.
- When the accident was reported and filed.
- Date the employer reported it to the insurance company.
- When the insurance company sent you the details about workers compensation.
- Your personal symptoms, medical evaluations, medications and expenses related to this.
- Record any correspondence from the company or insurance agency if denied.
How a Workers Compensation Lawyer in Ft Lauderdale FL Can Help
If you have been denied a workers compensation claim in Fort Lauderdale, and you are facing lost wages and mounting medical bills, call workers compensation lawyer in Ft Lauderdale FL Brian Pabian at (954) 859-5145 today.
About Ft. Lauderdale
Fort Lauderdale is one of Florida’s largest cities. It is for this reason that 12 million visitors come into Broward County each year. Part of its size is due to a large number of businesses, manufacturers, and organizations that purposely move into the area. As a result, workers need to know their rights.
Ft. Lauderdale Information
Tourism is one of Ft. Lauderdale’s largest industries, accounting for more than 100,000 jobs. Consequently, tourists spend in excess of $10 billion dollars each year and use the infrastructure of the area including the cultural venues and seashores. Some of the more critical city departments are listed below.
Ft. Lauderdale Courthouse
201 SE 6th St, Fort Lauderdale, Fl 33301
Ft. Lauderdale Medical Center
1600 S. Andrews Avenue
Fort Lauderdale, FL 33316
Ft. Lauderdale Police Department
1300 W Broward Blvd, Fort Lauderdale, FL 33312
Ft. Lauderdale Fire Department
528 NW 2nd Street Fort Lauderdale, FL 33311
Ft. Lauderdale City Hall
100 N Andrews Ave, Fort Lauderdale, FL 33301