Weston Workers Compensation Lawyers
2200 N. Commerce Parkway
Weston, FL 33326
Phone: (754) 260-1465
Call Now to Start Your Claim! (754) 260-1465
¡LOS ABOGADOS DE COMPENSACIÓN LABORAL HABLAN ESPAÑOL!
Both employers and insurance companies will often attempt to minimize benefits paid to employees who are injured while on the job, or to deny those claims completely. In doing this, they will often claim that the injuries were not developed in the context of employment, or that the injuries are not as serious as the employee claims. If you have been injured on the job, in order to ensure that you are treated fairly and that you receive the benefits that you truly deserve, it is vital that you seek out and hire legal counsel to help you with workers compensation in Weston, Florida.
The process of recovering benefits for workers compensation in Florida is complex and can be daunting, particularly when you are already struggling with an injury or with missing wages. If you or one of your loved ones has been injured while on the job, you can hire an expert in workers compensation law in Florida who will listen to your situation and fight for you to get you the benefits that you need and deserve.
Hiring the Right Attorney for Workers Compensation in Weston, Florida
As lawyers who have experience and expertise with workers compensation in Weston, Florida, we take great pride in our work to protect the rights of our clients to receive full compensation following an accident on the job. Our experienced and knowledgeable workers compensation attorneys in Weston are well versed in Florida workers compensation laws, and will not be fooled or intimidated by the common tactics used by insurance providers and by employers to minimize or deny these claims. We have years of experience behind us in recovering benefits for workers in Florida who have been injured on the job, both through workers compensation and through third-party claims.
Filing a Workers Compensation in Weston, Florida
Nearly all employers in Florida are required to provide workers compensation insurance to cover any injuries suffered on the job by an employee. This injured employee is then able to receive compensation for the wages lost and medical expenses incurred as a result of the injury, regardless of who is at fault.
A Florida company may choose to self-insure to cover their workers compensation claims or provide third party state insurance to its employees. The employees themselves do not need to share the cost of this insurance, and in exchange, the employee is not permitted to sue the employer for further compensation in order to cover injury-related expenses.
Workers’ compensation laws in Florida will cover the majority of injuries, illnesses, accidents, and deaths which occur in the workplace, and since workers compensation in Weston, Florida operates as a no-fault system, employees are not asked to prove fault for these injuries in order to receive the benefits.
In Florida, employees need to report their injury to the employer within 30 days of sustaining the injury. Once this initial report has been filed, the employee has a period of two years in which they can file for workers compensation in Weston, FL. In this claim, the injured employee needs to give specific details about the incident, including the names of any witnesses, the location of the accident, the cause, time of day, and specific nature of the injury incurred. Then, the employee needs to seek immediate medical care in order to determine the extent and seriousness of the injury, either by an approved health care provider or by a provider whom the employer chooses. Injured employees who would like to seek a second opinion from another doctor may change medical providers only once.
Independent Medical Examinations for Workers Compensation Claims in Florida
A medical professional’s testimony as to the extent and severity of an employee’s injuries have a high level of influence upon the benefits awarded to the employee in the workers compensation claim. In order to receive benefits, the injured employee needs to submit to an independent medical exam, sometimes called an insurance medical exam or IME. This examination aims to be a neutral third party clarification as to the employee’s medical condition and attempts to determine if the injury was sustained during work-related activities. While this exam is intended to give an accurate diagnosis and to recommend treatment appropriate for the injury, some insurance companies use these exams as a tool to limit their own liability and payout.
The medical professional assigned to these cases can sometimes work alongside insurance providers in order to protect the interests of all parties involved, sometimes by denying at an injury exists, or by wrongfully clearing an injured employee to resume work. In order to ensure that you receive accurate and unbiased examinations and diagnoses, it is important for you to work with a lawyer experienced with workers compensation in Weston, Florida throughout the process.
Workers Compensation Appeals in Florida
Unfortunately, workers compensation claims in Florida are sometimes denied by the insurance company. Some of the common reasons for this denial include:
- Denial that the injury was sustained on the job
- An accusation of misrepresentation or fraud on the part of the employee
- A claim that a pre-existing condition caused the injury
As an injured employee, you have the right to contest this denial with a workers compensation appeal. When you receive notice that your claim has been denied, you can file a petition with the DOAH or Division of Administrative Hearings. The DOAH will subsequently assign your case to a judge, and a hearing will be scheduled within the next 40 days.
At this hearing, you will be able to provide evidence that you are entitled to the workers compensation benefits. This evidence usually includes details of the incident, a detailed account of any and all subsequent medical treatments, witness testimony, etc. Your workers compensation attorney may want to use medical records in order to clarify the extent of your injuries to the judge, as well as use a physician’s opinion on your ability to perform your job duties. In some cases, medical experts may actually be called to testify as to your ability to return to work and perform your job duties moving forward.
Conversely, this hearing serves as an opportunity for the workers compensation insurance provider to rebut the evidence provided, and attempt to prove that the injured employee is not entitled to any benefits. Once all evidence has been prevented, and all testimonies have been heard, a judge will usually make a decision within the next 30 days.
In order to settle disputes in workers compensation, alternative solutions may become available. Mediators may be allowed to assist in arriving at a mutually acceptable, and often creative, a decision involving alternative assignments on the job or financial arrangements. For this reason, it is recommended for any injured employee to hire a workers compensation attorney even if negotiating with a third party mediator, as insurance companies typically will have lawyers present at any mediation hearing.
Workers Compensation for Theme Park Employees in Florida
Workers compensation benefits are available to a wide variety of workers, including employees of theme parks. While there are always reports of theme park employees sustaining injuries, sometimes severe, while on the job, workers compensation claims are not always a high priority for such large companies.
In some occurrences, safety education and risk-management programs which are put in place by theme park management are for the benefit of customers, rather than employees who find themselves in dangerous working environments. Moreover, some theme parks, despite OSHA citations, can fail to upgrade the safety conditions of their employees’ work environments, resulting in sometimes catastrophic injuries to employees. If you are a theme park employee who believes you are entitled to workers compensation benefits in Florida, contact our attorneys today.
Accidents in the Workplace and Workers Compensation Cases Our Florida Attorneys Handle
Our experienced and knowledgeable attorneys handle all sorts of workplace injury for workers compensation in Weston, Florida, including:
- Injured muscles
- Broken bones
- Torn ligaments or rotator cuffs
- Herniated disks due to pushing, lifting, etc.
- Illness resulting from exposure to toxins, including mesothelioma or black lung.
- Head injuries from concussions to traumatic brain injuries
- Tendonitis and other injuries related to repetitive motions
- Construction related accidents
- Hearing damage or hearing loss
- Cold or heat related injuries, including burns and electrocutions
- Many other injuries to the spinal cord, shoulder, eyes, neck, hip, knees, ankles, wrists, hands, feet, and respiratory system
Whether these injuries were the result of an unavoidable accident, due to a hazardous work environment, faulty machinery, inadequate training, or for any other reason, if you were injured in the course of performing your job, you may be able to receive workers compensation benefits. Employees are not required to prove fault or the reason for an injury, to get workers comp benefits, so no matter what the cause of your injury, our workers compensation attorneys can help you.
If your claim for workers compensation in Weston, FL has been denied, or if you are not receiving adequate benefits, contact our Florida attorneys’ office today to contact a lawyer and find out more about how we can help you get the benefits you deserve. Our lawyers can even help in third party claims involving entities outside your own employer. We give legal counsel in a variety of personal injury areas, so don’t hesitate to contact our attorneys and counselors right away for help getting the benefits you need and deserve.