A Workers Compensation Attorney is different from a lawyer who handles personal injuries automobile accident claims in that a Worker’s Compensation Attorney deals with injuries occurring at workplaces. Your attorney is going to assist you in acquiring financial losses which arise due to work missed, making sure the workers’ compensation carrier pays for medical expenses, as well as past, present, and future wage loss. The laws that govern workers compensation claims in Florida are dramatically different from those that cover a civil claim for auto accident-related injuries.
At what point is it essential to hire a Workers Compensation Attorney?
First, the Florida Statute that controls workers’ compensation claims declares that it is meant to be handled without the need of an attorney, and many times that may be the case if the carrier is covering your wage loss and medical treatment. Did you recently face an incident at work that left you with a disability or an injury physically or mentally? Your attorney will check for you if the facts make your case valid and a logical way to proceed further. The weight of your case will be scrutinized by your attorney and you just have to tell him or her what exactly happened at your workplace.
Here are a few examples of what could happen to you and what you are seeking relief for:
Falling from a faulty building
In many cases, buildings are made in a way that has faulty stairs or other hazards at the office or work site. Now it is the employer’s job to ensure that no one in his building is injured due to negligence from the employer’s side. Your attorney can help you with this claim. This is one of the most common reasons why workers get injured at their workplaces. However, even if no negligence is involved on the employers’ part, if injured at work you would still have a claim given that workers’ compensation is a no-fault system.
Injuries from lifting heavy objects
These injuries in this day and age are prevalent as there are still companies who often do not use machinery and use people instead of for the lifting of really heavy objects. This can give those people back issues or often issues with their knees. If you faced similar injuries, contact your attorney. Your attorney must have already dealt with such a case because such cases are very often coming up and also being won.
Malfunction or Defective of Equipment or Machinery
It is not uncommon for an injury to an employee to occur due to a problem with machinery or equipment. If injured due to such a malfunction or hazard, you should report the injury to your employer right away so that the First Notice of Injury can be filed and so that you will qualify for workers’ compensation benefits.
Repeated strain injuries
Such injuries occur when there is too much strain put on limbs due to overuse or similar type of movements due to the nature of the work that your employer is making you do. This can often cause problems such as work-related upper extremity disorder or non-specific upper limb pain. If you are facing symptoms that could be related to things like carpal tunnel syndrome, it should also be reported to your employer. Additionally, you should contact a workers’ compensation if your claim is denied, which is not uncommon with overuse-type injuries.
Injuries related to automobiles
It is not uncommon for McPherson & Thomas, P.A.’s attorneys to meet with someone injured in an automobile accident while in the course and scope of employment. During these first appointments with new clients, I carefully explain that they have dual claims: workers’ compensation and an automobile negligence claim. These types of claims can present hazards to preserve benefits for both types of claims and a free attorney consultation with us is highly recommended.
Will a Workers Compensation Attorney Assist in the Event of Death?
Most definitely, a Workers Compensation Attorney will not only help your loved ones with a claim on your behalf but will also make sure that your loved one consults with a negligence attorney to see if there are parties responsible other than the employer. At McPherson & Thomas, P.A., we’ve handled countless wrongful death claims.
What are Attorney’s Fees in Workers’ Compensation Cases?
Most workers’ compensation attorneys will offer a free consultation with you to discuss a fee. If an employer has wrongfully withheld workers’ compensation benefits from you, then the fee is set by statute.
What Are Reasonable Expectations from a Workers Compensation Attorney?
Your attorney should make every effort to verify that you are receiving all medical and wage loss benefits available under Florida Statutes. Your case may eventually qualify for a settlement of all claims as well.
An attorney in such cases helps you understand the benefits for which you are entitled, which can be rather complicated in workers’ compensation cases.