If you're injured on the job, you have a right to collect compensation or sue the liable party for damages. To do this, enlist the help of a Boca Raton worker's compensation lawyer immediately. A lawyer will help you seek fair compensation for all your losses.
Workplace accidents and injuries are rampant. According to the U.S. Bureau of Labor Statistics (BLS), there were about 4,767 fatal work-related incidents in 2020. Additionally, 2.7 million more employees sustained various workplace injuries and illnesses. These injuries can result in temporary or permanent disabilities.
Claiming Compensation After a Workplace Accident or Injury
No one expects to get hurt while at work. However, in the event of a work-related accident or injury, employees have a right to get compensation for the effects and losses they incur because of the accident. To protect employees from such damages, the U.S. government requires all employers to have workers' compensation insurance. The workers' compensation law allows employees to claim compensation for any injury while protecting the employers from lawsuits.
Workers' compensation insurance covers all injuries regardless of who's liable for the accident or illness. To claim, your employer can provide you with the relevant paperwork and the procedure for filing worker's compensation claims. The insurance covers all injuries that an employee sustains while at their workplace or while in the line of duty, such as:
- Current and future medical expenses
- Lost wages
- Temporary or permanent disability
- Pain and suffering
- Wrongful death claims
If your injury was due to intoxication, self-inflicted, resulting from a fight, or you defied any company policies, you may be unable to claim compensation from your employer. However, a lawyer can help you file a personal injury lawsuit against the liable party.
How does a Boca Raton Worker's Compensation Lawyer Help?
While the worker's compensation laws protect the rights of employees, the laws vary from state to state and have several guidelines that can make claiming compensation complicated. To ensure you file the claim as per the law, you should consider consulting a worker's compensation lawyer. Your lawyer will help you understand the law, including:
- Your Eligibility: This will help you understand your rights and the compensation you can claim as a full-time, part-time, or seasonal worker.
- Your Protection: This will help you learn your rights ifs your employer fails to file the correct claim, your claim is seriously delayed, or your claim was denied. You'll also understand your rights if the injury or illness was due to a third party.
- Representation: Knowing if you have a right to appeal the compensation and how to take legal action against the at-fault party is essential for the best outcome of your claim.
Employees have a right to file a claim or seek legal counsel without the fear of retaliation. Suppose you get fired or are demoted because of your claim. In that case, you should consult a worker's compensation lawyer to protect your rights. Also, if the insurance company takes too long to pay your compensation, you can consider calling a lawyer.
Your lawyer will handle your case, reviewing the date and time of the incident and advising you on the best course of action under the law.
How Much Compensation Can You Get?
The amount you can receive as compensation or settlement will depend on your injuries and your status as an employee. Some of the factors that will affect how much compensation you'll get include:
- Your employment status; whether you're a full-time or part-time employee
- State workers' compensation law
- How long you've been employed
- Your pay rate and whether you're salaried or you receive an hourly pay
- Your injuries; whether you're partially, totally, temporarily, or permanently disabled
- How long you'll take to recover
To ensure you have a valid claim, you'll have to agree to a medical examination by an employer chosen doctor. Also, ensure you file the claim as soon as possible after the accident. Though each state has its guidelines, the act mostly compensates workers for at least 60% of their average weekly pay.
For example, if your weekly pay is $1,000, you can get $600 as compensation. However, this will also depend on your injuries and employment status. If your claim is successful, you can receive either a lump-sum settlement or a one-time payment from your employer or insurance company. In other cases, you can receive structured compensation, including several smaller payments over a specified period.
How to Maximize Your Settlement
Many workers' compensation cases end in a settlement. Apart from the settlement payment agreement, the following will also be in effect:
- An agreement that you cannot claim additional compensation for lost wages, medical bills, or any other loss
- A waiver of liability preventing you from taking legal action against your employer or any third party who contributed to your illness or injury
- A nondisclosure clause banning you from revealing details about the settlement to anyone
These settlement arrangements are also applicable in wrongful death claims. To avoid delays, cancellations and get the best compensation settlement, you should:
- Follow your state and employer guidelines for reporting an injury or illness
- Get proper medical attention immediately after the incident
- Consent to an independent medical examination from a doctor chosen by your employer
- Keep a record of all your medical expenses
- Talk to a lawyer after the accident and avoid dealing with an insurance company directly
- Keep a journal of your recovery journey
- File a correct claim
If you're unsatisfied with a settlement offer, speak to a worker's compensation lawyer before you sign the settlement. Once you sign the settlement, you waive your rights to discuss details of the payment or seek additional damages.
Contact the Dolman Law Group for a Free Consultation
If you've been injured while at work and need help claiming compensation or appealing a decision, you have a right to consult a Boca Raton worker's compensation lawyer. At the Dolman Law Group, we're ready to review your claim and strive to ensure you get maximum compensation for your damages. Contact us for a free consultation and learn your legal rights.
Dolman Law Group Accident Injury Lawyers, PA
301 Yamato Road, Suite 1240
Boca Raton, Florida 33431