After an accident on the job, you might have some legal questions. For example:
- What is the process of a workers' compensation claim?
- How do workers comp cases work?
- What does a workers' compensation attorney do?
- Do I need a workers' comp lawyer?
An experienced workman's comp attorney can help victims of a workplace injury or illness pursue the maximum benefits that they deserve. The workers' comp lawyers at Dolman Law Group also assist injured workers by quickly obtaining competent medical care when they are injured on the job.
Every year, victims file millions of workers' compensation claims in an attempt to receive compensation for medical expenses, lost wages, and mental anguish. Some people who have suffered workplace-related injuries are able to navigate the process of seeking compensation with minimal difficulty. Unfortunately, many others are not so fortunate and face an uphill battle as employers and insurers attempt to avoid responsibility for the harm caused. This is just one reason why injured employees will benefit from partnering with a workers' compensation lawyer throughout the claim process.
How an Experienced Workers' Compensation Attorney Can Help Resolve Your Claim
These legal professionals can also assist victims by facilitating communication with medical and insurance staff, offering advice on filling out crucial paperwork, and helping clarify muddled legal processes.
A workers' compensation attorney is dedicated to providing employees with the assistance they need to secure a satisfactory resolution to their workers' compensation cases if the insurance adjuster tries to shortchange them. Unlike employers, who may not always have their employees' best interests in mind, a dedicated workers' compensation lawyer will safeguard the employee's rights and legal interests.
Workers' compensation lawyers can make recovering your benefits easier while you focus on healing from your injuries. It is essential you find a lawyer who is experienced in handling workman's comp claims after a devastating accident. We are a full-service personal injury law firm that also represents individuals who were injured in the scope of employment. Our goal is to ensure our clients receive the maximum workers' compensation benefits possible under the law.
[Read more: Top Five Mistakes Made After a Job Injury]
Why You Should Partner With a Dedicated Workers' Comp Lawyer
Many workers' compensation claimants find that they benefit from seeking an attorney's advice before they even scratch the surface of the claims process. Submitting a claim is typically not a difficult task. However, having the assistance of a lawyer from the start of the process can help both the injured worker and the attorney become familiar with the case as soon as possible. This will be extremely beneficial if the claim winds up being more complicated than expected or must go to a hearing or trial.
An experienced workers' compensation lawyer can assist you as you fill out the required documents. They can even help you gather documentation from other parties, like doctors. Including or excluding certain verbiage or information may help speed your case along. A skilled workers' compensation lawyer can help build a strong case to give you the best chance at a smooth and successful claims process.
To Protect Your Rights, Talk to a Workers' Compensation Attorney as Soon as Possible Following a Workplace Injury
If you fall victim to a workplace injury, contact a legal professional. Following your injury, you must inform your employer and ensure they fill out an incident report as quickly as possible after it occurs. It should include things such as:
- Where the accident occurred
- Any witnesses to the accident
- Date and time of the accident
- What caused the accident
Following this, you should prioritize seeking medical attention. Workers' compensation claims may involve victims seeing a doctor of their employer's choosing.
Seeking legal advice can help ensure that your employer's insurance company doesn't deny your claim—and if it does, it puts you in a better position to appeal.
Which On-the-Job Injuries Can Our Workers' Compensation Law Firm Handle?
There are many different injury claims we deal with. Some more common types of workplace injuries are listed below:
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Muscular injuries
- Head injuries
- Hearing loss or damage
- Chemical exposures (resulting in cancer or mesothelioma)
- Electrocution injuries
Your employer has a duty to ensure all employees are working in a safe environment. Many workplace injuries could have been avoided by proper safety precautions and adequate trading set in place by that employer.
When Do You Need a Lawyer for Your Workers' Comp Claim?
Deciding that you need a lawyer depends on how your employer, mainly their insurance company, goes about handling your claim. There are a few warning signs to look for when making this decision:
- Your employer states the accident did not happen at work. Sometimes they try to claim the accident did not occur at work if the injury took time to become aggravated. The same can be said about injuries having to do with chemical exposure over time.
- Permanent disabilities that prevent you from being able to return to work are also likely to be disputed by insurance companies because of the money involved in such cases.
- Your employer is stalling your claim or not moving it along appropriately when it should take no more than 30 days to complete.
- The insurance company denies your claim. In this case, an expert is needed to fight for your claim, and you should contact a workers' compensation attorney near you.
There are many other signs that you should hire a professional to handle your workers' compensation claim. If you feel uncomfortable or like your employer does not have your best interests in mind, do not hesitate to contact our office for a free consultation.
How Workers' Compensation Attorneys Can Help if Your Claim Is Denied
Many victims of workplace illness and injury are forced to endure the stress and uncertainty of petitioning denied workers' compensation claims. This process is often already rife with anxiety and self-doubt; insurance companies often leave victims unsure whether they really have a right to compensation. Those injured in the workplace can receive and do deserve benefits to help account for the losses endured as a result.
Taking steps to partner with a seasoned workers' compensation attorney helps victims navigate the experience of appealing an insurance company's decision. Your employer's workers' comp insurance may elect to deny your claim for various reasons. These reasons crop up with staggering frequency; compassionate and knowledgeable lawyers are familiar with these denials and can often help boost the chances of your petition's success.
Common Workers' Comp Claim Denials and How to Fight Them
Here are some of the more common denial situations we see regarding workers' compensation claims and how we can fight them.
The Insurance Company Claims Your Injury Is Non-Compensable
When your employer's insurance company claims that your injury is non-compensable, the insurance company is effectively saying that your injury doesn't meet Florida's workers' compensation coverage requirements. This assessment may or may not be correct, but seeking legal counsel is the easiest way to understand your options moving forward. Because the term is vague and leaves ample room for interpretation, there's a high potential that insurance companies will take this position.
Working with a workers' comp lawyer will help you better understand the nature of your injury as it relates to Florida law. You may have several options to move forward and pursue compensation despite your employer's insurance company's claims. A workers' comp lawyer who is intimately familiar with state workers' compensation statutes and the work comp claim process can paint a clearer picture of your situation.
The Insurance Company Claims You Suffer from a Pre-Existing Injury
When the insurance company claims that you suffer from a pre-existing injury, they are often trying to dodge responsibility for the injury or illness you experienced. Many insurance companies will take any necessary steps to avoid compensating victims for their experiences. This reason is one of the most commonly cited when it comes to workplace injury claims. It's easy to tell a victim that previous medical experiences or pain can be found at the root of their workplace experience.
An attorney can help you understand how to navigate denials like these, which are often reductive and belittling for victims to receive. Your legal representative will understand that your previous experiences likely have no bearing on the pain and suffering you experienced in your workplace. Florida law dictates that victims who endure injuries that aggravate or accelerate pre-existing medical conditions must be compensated accordingly.
Experienced lawyers also understand the finer points of rules and regulations like these. For example, pre-existing conditions which are unrelated to your current injury should, in theory, have little or no bearing on your workers' compensation claim. A legal professional can help you navigate laws like these and better understand your chances of receiving benefits through the workers' compensation system.
The Insurance Company Claims You Lack the Necessary Supporting Medical Documentation
If the insurance company claims that you lack supporting medical documentation, and you know that you provided adequate documentation and paperwork, an attorney can offer insight into how to contest the issue.
Your employer's insurance company does have the right to review your medical records and any documentation directly relating to medical treatment for your workplace injury. Injured workers are asked to sign various releases and other forms during the medical process; these forms are then sent to the insurance company for review. Many insurers claim that they never receive this documentation, which is much rarer than these companies would like workplace injury victims to believe.
A workers' compensation attorney will be able to help fight for proper acknowledgment from your employer's insurance company. They can also assist you in gathering and sending this documentation if any paperwork is missing.
Workers' Compensation Lawyers Can Help Protect Your Rights
As a Florida citizen, you have a right to receive acknowledgment and compensation following a work-related injury. By law, employers are required to offer workers' compensation insurance to their employees. However, many employers and their insurance companies attempt to deny victims this right.
A caring and compassionate workers' compensation attorney will tirelessly assist you in pursuing the benefits you deserve. An attorney can also help you understand which legal benefits you're entitled to as an injured worker. Victims may collect compensation for current medical bills and future medical expenses, lost wages, and disability benefits.
How to Prove Your Right to Disability and Partial Disability Benefits
Proving disability is often one of the most difficult components of victims' fights for benefits. Some insurance companies insist on denying benefits as long as the injured employees can perform virtually any job at all. This problematic process can wreak havoc on victims' lives and financial well-being—and it's just one more reason why seeking legal advice frequently proves critical in workers' compensation cases.
A workers' compensation attorney could help you prove your inability to work and eligibility for social security disability benefits. They may also be able to argue against a claim denial on the sole basis that you can work another job.
Many workplace injury victims struggle to battle with insurance companies who insist they don't deserve compensation because of their ability to work in lower-paying positions following their injuries.
If you elect to hire a workers' comp lawyer, they can also help illuminate the rights your employer may have failed to grant you within the workplace, such as the right to safety. If your employer failed to take adequate safety measures or allowed your work environment to become a risk, this could benefit your case. Many employees fall victim to workplace accidents such as burns, slips and falls, and various other injuries due to their employer's negligence.
A Workers' Compensation Attorney Can Offer Assistance in Retaliation Situations
Some employers retaliate against their employees after they report workplace injuries or illnesses. Too many injured workers are faced with employers claiming that their injuries occurred due to their own negligence. Not only is this practice devastating and frustrating for victims, but it's also illegal. Employers are not permitted to retaliate against employees who file workers' compensation claims in Florida.
If you have experienced harassment, interference, or unfair treatment at the hands of your employer after filing a work comp claim, you deserve a lawyer who will fight for you and support your right to the benefits you need. No victim should be forced to face the emotional trauma that can arise from retaliation actions. A compassionate and experienced workers' comp attorney understands and will work hard to support victims facing retaliation from their employers.
A Workers' Comp Lawyer Can Help Appeal a Benefit Denial
Countless workers' compensation claimants are forced to appeal their requests for compensation every year. If you find yourself in this position, you stand to benefit from seeking a lawyer to help with the process.
It takes significant effort to appeal workers' compensation denials in Florida, but that doesn't mean that hope for compensation is lost. It does mean that the more valuable information you can provide to your employer's insurer, the better. Furthermore, it may place you in a position where familiarity with workers' compensation laws could prove beneficial.
You Need a Legal Advocate Who Understands Workers' Compensation Law
The average individual has little knowledge of these regulations and may not understand where to look or whom to ask for crucial information. This is why a workers' compensation attorney could prove indispensable in your efforts to retain benefits. Your attorney can assist you in:
- Submitting your petition for benefits and ensuring all necessary information is included in the petition; this includes details concerning your accident and injury (or injuries), monetary figures to illustrate wage losses, and which benefits you're pursuing.
- Your meditation hearing, which is an informal conference held between you, your lawyer, and the insurance company; a third party will be present to help resolve issues and ensure civility
- The trial, should your claim come to this point. Trials only begin if mediation proves unsuccessful: this involves providing evidence, testimonies, and other information to further your case against the insurance company.
Don't Face the Workers' Compensation Claims Process Without Qualified Legal Counsel
With so many potential factors that could play into workers' compensation claims, the process often presents varying degrees of challenges for claimants. A hearing is not always needed; however, it might benefit your case. This hearing is where your workers' compensation lawyer can advocate for you and present the evidence and details of the accidents and the injuries, pain, and suffering resulting from them.
A qualified legal professional equipped with outside medical experts and knowledge of workers' compensation laws and processes may be able to assist victims greatly during their pursuit of compensation.
How Much Does a Workers' Comp Lawyer Cost?
One of the things that keep people from looking into hiring an attorney is concern about the cost. Those needing a workers comp attorney are typically in a difficult financial position, to begin with, and paying upfront for an attorney may seem like too much. Fortunately, workers comp attorneys are more than aware of this, do not work hourly, and do not demand a massive down payment to secure their services.
Instead, workers comp lawyers work for a contingency fee; they take their share of the money they manage to get for their client as a pre-agreed percentage. The percentage is usually around 33%, although this fluctuates depending on the case and attorney. Plus, an attorney needs to get you a settlement to get paid, ensuring that your attorney has a vested interest in getting the maximum compensation for injuries you suffered on the job.
Finding the Best Workers' Comp Lawyer Near You
If you are wondering where you can find the best work injury lawyer near you, keep in mind that Dolman Law Group Accident Injury Lawyers, PA, has offices on both coasts and throughout the State of Florida.
We have an office in Clearwater, St. Petersburg, Tampa, New Port Richey, Bradenton, North Miami Beach, Doral, Fort Lauderdale, Aventura, and Boca Raton. We cover workers' comp claims throughout Florida. Our workers' compensation lawyers are particularly active in Pinellas, Hillsborough, Manatee, Pasco, Dade, Broward, and Palm Beach Counties.
A dedicated worker's comp lawyer at Dolman Law Group can assist you with your work comp claim anywhere in Florida. Our attorneys can also help you simply explore your benefit options. Many victims are unaware of the extent of their options when it comes to the types of benefits they can claim. Florida law allows victims in some cases to pursue benefits for:
- Retraining and/or reeducation
- Rehabilitation
- Travel expenses for medical appointments
Call a Florida Workers' Compensation Attorney at Dolman Law Group to Start Protecting Your Rights Today
Filing a workers' compensation claim can be a challenging and overwhelming task, especially when you're trying to cope with physical pain and the emotional toll of being unable to participate in activities you used to enjoy. Don't try to face this ordeal alone; reach out to a compassionate workers' compensation attorney in one of our many Florida offices today.
If you need a lawyer for workers' compensation or have additional questions regarding a workers' compensation claim, a free case evaluation with an experienced workers' compensation attorney can help. Contact us today for a free consultation by filling out our online contact form or by calling us at 727-451-6900.