Working, no matter the position has inherent risk. Bartenders face the challenge of unruly customers. Construction workers deal with heavy machinery and potentially dangerous falls. Those who transport goods by car for employment deal with the most common risk of all, the highway.
Workers’ compensation can provide financial assistance to those who’ve suffered from common workplace injuries, including fractured bones, torn ligaments, and traumatic brain injuries (TBIs). A Wesley Chapel personal injury lawyer at the Law Offices of Anidjar & Levine can assist with the process by ensuring that your case is properly represented.
What Compensation Is Available In Workers’ Compensation Claims?
Workers’ compensation claims are designed to support injured workers as they seek medical attention. These claims offer financial support for the following:
- Medical expenses involved in treating your work injuries
- Reimbursement for time off work
- Reduced earning capacity if you’re suffering from a disability
- Burial and funeral costs if you’re filing on behalf of a lost loved one
One unique benefit of workers’ compensation is monthly stipends for those who cannot return to work temporarily. These stipends do not kick in until you notify relevant authorities of your injuries. They can cover up to roughly two-thirds of your pre-injury income.
Can I File A Lawsuit?
Some workers’ compensation claims involve negligence. Generally, legal cases involving negligence are treated with personal injury law procedures. If your case involves the negligence of another party, you could pursue a lawsuit, which would expand the types of compensation you could receive.
Workers’ compensation claims notably do not cover non-economic damages. This type of damage accounts for the emotional fallout associated with an injury, including:
- Pain and suffering
- Emotional trauma
Lawsuits qualify workplace injury victims for these non-economic damages, unlike workers’ compensation claims. A Wesley Chapel workers’ compensation lawyer can review the specifics of your case and advise you on your next steps.
Workers’ Compensation Claims Are No-Fault
Workers’ compensation claims, unlike lawsuits, do not require you to prove fault. To receive workers’ compensation, all you need to do is prove that your injuries occurred while you were working.
However, there are a few ways that your case could be disputed. If your employer can prove that any of the factors listed below played a role in your injuries, your case could be in jeopardy. Your employer may claim you:
- Were intoxicated prior to your accident
- Intentionally injured yourself
- Were engaged in roughhousing or horseplay before the accident
- Weren’t working when your accident occurred
Workers’ Compensation Cases Are Time-Sensitive
Ideally, you should notify your employer of your injuries as soon as you can. This will provide them with ample time to contact their workers’ compensation insurer. If you don’t initiate your claim within 30 days, it may be denied.
Personal injury lawsuits have less stringent deadlines. Typically, you have four years after an injury involving negligence to file a lawsuit, per Florida Statutes § 95.11(3)(a). Cases involving wrongful death have a shorter standard deadline of two years.
However, you shouldn’t wait to get started on your case just because these deadlines are shorter. You don’t want to lose your chance to file a lawsuit. If you decide to reach out to a Wesley Chapel workers’ compensation lawyer, they can:
- Assist you with filing relevant documentation
- Make sure that you meet your deadlines on time
- Take the stress out of keeping a workers’ compensation case on track
Benefits Of Hiring A Workers’ Compensation Lawyer
It can be frightening to lose your steady income due to workplace injuries. A workers’ compensation lawyer can assist you throughout the legal process by:
- Explaining complicated legal terminology to you
- Handling any communications associated with your case
Workers’ compensation law is complex, but a lawyer can help to make it simple. Few things are more frustrating than not understanding legal proceedings, especially when these proceedings stand between you and compensation.
Appeal A Denial
Sometimes, workers’ compensation insurers deny claims. In these cases, the appeals process typically entails multiple steps. Mediation, which is the primary step of an appeal, entails a discussion between both parties supervised by a third-party mediator. If mediation doesn’t produce a desirable outcome, the case can be brought before a workers’ compensation judge.
A worker’s compensation lawyer can assist you with the appeals process by:
- Advising you each step of the way
- Gathering evidence of your workplace injuries, like eyewitness statements, or medical records
- Representing you during a worker’s compensation judge hearing
- Negotiating with the insurer or your employer during mediation
File A Lawsuit If Needed
As noted previously, some workers’ compensation cases involve legal action. If you believe that your injuries were caused by the negligence of another party, you could qualify for a lawsuit. Filing a lawsuit could increase the number of damages you can pursue compensation for.
A lawyer will be able to evaluate your case and assist you in identifying a liable party. Cases involving negligence are inherently unfair – it’s difficult knowing that someone else’s behavior caused your injuries. Keep in mind, though, that not every worker’s compensation case will involve a lawsuit.
Affording A Workers’ Compensation Lawyer
Workers’ compensation cases often involve financial stress. For this reason, those who’ve experienced workplace injuries frequently assume that they can’t afford to hire a lawyer. However, there are accessible legal services available if your lawyer works on a contingency fee basis which means that:
- Your lawyer will evaluate your case for free
- You don’t have to pay anything upfront
- The services are risk-free; your lawyer doesn’t get paid unless they win your case
Hire A Workers’ Compensation Lawyer Today
If you or a loved one experienced a workplace injury, you could qualify for compensation. A workers’ compensation claim or personal injury lawsuit could provide financial support as you seek medical treatment. At the Law Offices of Anidjar & Levine, we care about the residents of Wesley Chapel and are here to support you during this trying time by fighting for the best settlement possible.
We’re committed to pursuing fair compensation for our clients and ready to exhaust every possible option to do so. We understand the frustration you’re feeling and can inform you if your case necessitates a lawsuit and if so, file a lawsuit on your behalf. Contact our offices today for a free case evaluation.
We Can Help.