Plantation Workers Compensation Lawyers
950 South Pine Island Road
Plantation, FL 33324
Phone: (954) 280-2890
Call Now to Start Your Claim! (954) 280-2890
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Can I Sue My Employer in Plantation, Florida?
In the state of Florida, workers’ compensation insurance prevents you from having to sue your employer for your injuries. Most employers are must supply the benefit to their employees. It is a method to prevent employees from filing a lawsuit against companies they work for because workers’ compensation will pay for most work-related injuries.
Workers compensation benefits are replacement benefits when you are hurt while working and will not receive your normal salary. Typically, all you need to do is file for benefits, and as long as you were working when you were hurt, you will receive compensation for your injuries. However, if you believe your employer was the cause of your injury, and it was their intention to cause you harm, or if you feel you are the victim of a wrongful denial, you may be able to seek legal action.
An experienced, Florida workers’ compensation attorney will be able to tell you if you will be able to start the process of seeking legal action against the company for which you work. You can schedule an appointment and discuss your case to see if filing a lawsuit is a viable option for you.
My Florida Employer Won’t Pay My Workers’ Compensation Benefits
There may be a few reasons why your Florida employer will not pay your workers’ compensation claim. It might just be a matter of you not seeing a doctor the insurance company authorizes, an incorrect diagnosis by the workers’ compensation physician, or your work salary may be incorrectly calculated. Regardless of the reason, you need the benefits to survive.
If you have a work-related injury and you believe it is your employer’s fault you have an injury, you may be able to file suit against them with the assistance of a lawyer. A skilled lawyer will be able to determine if your case qualifies as an intentional tort case for civil court. A “tort” is not only a physical injury, as there are non-physical injuries like emotional distress. If you have emotional damage resulting from the despicable conduct of your employer, you may be able to file a suit against them.
Is My Employer Negligent for My Injury in Florida?
Employers have a responsibility to maintain a safe work environment for their employees in Florida. If you have been injured as a result of your own failure to keep the work location safe for employees, you may not be eligible for workers’ compensation benefits. In order to prove the company you work for is liable for your work-related injuries, you (or your attorney) must prove:
- Duty – Your employer has a legal obligation to you to maintain a safe work environment;
- Breach – Your company did not comply with the legal requirement to maintain a safe work environment;
- Causation – It is your employer’s actions (or lack of action) that left you vulnerable to a work-related injury; and
- Damages – You have an injury because of your employer’s actions (or lack of actions).
You will have to be able to prove all four of the instances above to win your case and receive workers’ compensation benefits. So in other words, your employer has to intentionally fail to provide a safe work environment or knowingly fail to correct issues that can subject you to injury to be negligence.
What Will Plantation, Florida Courts Consider in My Workers’ Compensation Case
When your case goes to a Florida court to determine if your employer is negligent for there will be specific issues they will review. The courts will look for:
- Duty – Does your employer have an obligation to provide a safe, hazardous-free environment for you to work? As your employer, your company has a legal duty to make sure anyone that works for them is able to do so without risk of injury.
- Breach of Duty – The court will next look to see if your employer is in breach of their duty by not making the necessary repairs that a “normal” person would do under the circumstances. As your employer, your company will be liable if the court finds any other company would make the repairs to prevent their employees from sustaining injuries.
- Causation – The court will look to see if your employer’s lack of repairs is the reason for the injuries you have. You can only recover if their negligence causes your injury. They will also consider if your employer knew their failure to act might result in someone suffering an injury.
- Damages – The court system will make your employer reimburse you for any expenses you incur as the result of your injuries. Expenses can include your medical bills, prescriptions, and lost wages.
If you or someone you love has a work-related injury, you may want to seek the services of a workers’ compensation attorney to help you prove fault in your case. A lawyer will know the correct questions to ask to make sure all aspects of your claim are considered. They will also be able to get you the benefits or settlement you require to help you with the process of paying your medical bills and other expenses.
You Must Go Through the Administrative System in Florida Before Filing Suit
In the state of Florida, workers’ compensation benefit claims usually go through the administrative process before you can file suit in the court system. It is not possible to appeal the denial of your benefits to the court system until every administrative channel is complete as well as a settlement attempt. Even then, you must file an appeal with a workers’ compensation court or the special workers’ compensation board. Once you have gone through all the administrative channels, then you can file a suit with the civil court system.
You should consult a dedicated, Florida workers’ compensation lawyer to assist you in getting your case heard in front of the court. They will be able to review your claim and pursue the best cause of action to get you the funding you need to get the benefits you deserve to take care of your medical bills, your family, and yourself.
What if My Injury is the Result of a Third-Party Company My Florida Employer Hired?
There may be times when your injury is the result of a piece of equipment you use when you are at work. If you suspect that there is someone else responsible for your injury other than your employer, you have the option to bring suit against that party. So if your injury is the result of using materials or equipment your employer has you work with, you can file a lawsuit against the maker of the equipment or materials.
When you live in Florida, and you are successful in your lawsuit against the manufacturer of the defective equipment or hazardous materials, it is possible you may have to pay some of the money back to your employer’s workers’ compensation insurance carrier. The reason for the repayment is to pay back the benefits given to you. Your employer and their insurance company also have the option of joining your lawsuit to recover the workers’ compensation benefits you received.
Should I File for Workers’ Compensation or File a Lawsuit Against My Florida Employer?
You may be unclear whether you should file for workers’ compensation benefits or file a lawsuit against your Florida employer for your work-related injury. It can be a difficult decision for you to make and you should take some time to look for assistance from a skilled workers’ compensation attorney before making a final determination. A lawyer will be able to go over all the facts relating to your case and give you the full variety of the options available to you.
A workers’ compensation attorney will know how to deal with the doctors and the insurance companies to ensure you get the care you need to get back to good health. After reviewing your case file and your medical records, a lawyer will seek the justice you deserve, so you will be able to pay your medical bills and take care of your family.
An attorney can even dispute the doctor’s findings if your diagnosis is incorrect and check to make sure your benefit amount is accurate. They can also inform you about what you can and cannot do to make sure you do not jeopardize your case in any way. By hiring a lawyer, you can be confident in knowing that you will meet the deadlines for your case. A skilled attorney will have the experience to handle any type of issue that may come up relating to your workers’ compensation benefits case.
The best way to get the justice and benefits you deserve is to hire a dedicated workers’ compensation attorney. They will work for you and on your behalf to protect your rights. A lawyer will be able to know exactly what benefits you need based on your injury and will work hard to get them for you. Contact a Florida workers’ compensation attorney for a free consultation to determine how they can best assist you with your case.