Worker's Compensation Cases Attorney
If you have been injured on the job, it’s essential to get in touch with an experienced and proven worker’s compensation attorney as soon as possible. Employers in Florida are generally required to carry workers’ compensation coverage in the event of on-the-job injuries or accidents. The coverage provides a remedy to the injured employee that is supposed to replace the employee’s right to sue their employer for damages in court.
There is a trade off, however. In the worker’s compensation system, an employee does not have to prove “fault” or negligence on the part of the employer or a co-employee. He or she would simply need to prove that the injury occurred on the job. In this system, generally, wages and medical bills are covered but the injured party is not entitled to any recovery for pain and suffering and other “non-economic damages”.
In a system without worker’s compensation, where the employee who is injured on the job would just sue their employer in court, they would have the burden of proving that their injury was the fault or negligence of the employer or a co-employee or there would be no compensation to the injured party for wage loss or medical bills. In this system though, the employee would be able to recover non economic damages such as pain and suffering.
Which of the two remedies you elect is critical and the right worker’s compensation case attorney can help you make that decision.
If an employer is supposed to have worker’s compensation coverage and doesn’t, the employee can come to my office and I can help them by suing the employer in court, if negligence can be proven. The beauty of the worker’s compensation system however, is that even if the employee injures himself just because he was not paying attention to what he was doing, the worker’s compensation system still provides medical and wage loss coverage. Many times, an “on the job” accident is no one’s fault; it is just that, an accident.
Most employers carry worker’s compensation coverage because they want to avoid the expense and risk of defending a lawsuit and because it is a violation of Florida law for an employer with a certain number of employees or in certain industries to not have workers’ compensation coverage. In fact, if an employer has worker’s compensation coverage, generally, you have to use that coverage. In certain circumstances like an on the job automobile accident, for example, an employee may be able to elect to go through his personal automobile insurance and see doctors through that insurance and outside of the worker’s compensation system. An experienced worker’s compensation attorney will need to help you decide which option is best for your situation.
A proven Worker’s Compensation case attorney can help you navigate the complex workers compensation system in Florida so you can recover the lost wages and medical benefits you are entitled to. If you have a permanent disability, the worker’s compensation lawyer will have to assist you in recovering what are known as permanent and total disability benefits.
Before giving a statement to an adjuster or signing any papers with the insurance company, you need to get in touch with an experienced worker’s compensation case attorney. The insurance adjusters will contact you immediately, and under Florida law, they can even insist on a blood test from you right away. If they demand that you go to their doctor after an accident and you don’t, you may risk losing benefits. It is important to consult a worker’s compensation claim attorney before you decide on your own to ignore your employer’s requests after an accident on the job.
If a worker’s compensation adjuster from your employer’s insurance company calls you, remember, they don’t work for you. They’re looking out for their own bottom line and will be trying to save the company’s money, regardless of your medical expenses and related damages. In the absence of strong legal representation, you run the risk of being taken advantage of by a slick insurance adjuster. The sooner you speak with an attorney, the better.
Our worker’s compensation case attorney will fight for you, and protect your rights for present and future lost wages from all responsible parties, which may include contributions from both present, past and future employers. In addition to solid legal representation, you will get the emotional and moral support you need during this stressful process. Let your attorney handle the complexities of a legal worker’s compensation claim, while you focus on feeling better.
Initially, you are not required to pay for any medical care, prescriptions, supplies and/or transportation expenses to your doctor visits. Your attorney should assist you in making sure that these doctors are being paid and that the medicine and supplies are authorized. Also, your worker’s compensation case attorney will ensure that your mileage is reimbursed to you through workers’ compensation.
You need immediate assistance from a lawyer that you can reach 24 hours a day, 7 days a week. All of my clients receive my cell phone number, so they can reach me when they need me. Call or contact me with any questions you may have at 877-GLUCK-LAW.