In personal injury claims in Florida, one part of the process is establishing liability. If someone’s negligence caused your injuries, you can hold that person liable and pursue compensation through a legal claim.
When workers are injured on the job in Hollywood and come to Flaxman Law Group to speak to our father-son attorney team about their claim, these workers often assume they need to prove liability. That’s just not the case in most situations.
Liability and Workers’ Compensation Claims
Workers’ compensation is a no-fault type of insurance meant to protect both workers and employers. In Florida, most employers, with a few exceptions, are required to pay for this insurance on behalf of all their eligible workers. In case of an occupational illness or workplace injury, this insurance pays the worker benefits, such as replacement of part of their wages and coverage of medical bills.
The benefit to this type of insurance is that you don’t have to prove fault. The idea is that this should make the process of applying faster and easier. Even if your employer violated safety rules, you can get benefits without needing to take your employer to court.
The drawback to this type of insurance is that you can’t get benefits for everything. Wage benefits only cover part of your average weekly wages, for example, and unlike a personal injury claim, you can’t seek damages for pain and suffering. In addition, you need to apply for benefits and some workers with a legitimate claim do find they encounter difficulties when applying for benefits.
This is why it may be important to speak with a Hollywood workers’ compensation attorney who is also skilled in personal injury cases. An attorney can make sure your claim is filed correctly the first time, so you have the best chance of getting full benefits. If your employer has misclassified you or claims you aren’t eligible for benefits because of a pre-existing condition or other reason, your attorney can seek proof of your eligibility for benefits. Your lawyer can also negotiate with your employer and their insurer for you, so you can focus on your health.
Another reason why it’s important to talk to a Hollywood workers’ compensation attorney who is also experienced in personal injury cases is because you may have a third-party claim. For example, if there was a faulty piece of equipment in your workplace and you were injured because of that, you may have a claim against the machine manufacturer. Your attorney can explain whether you may have a third-party claim and can guide you through the process if you do.
Ultimately, it’s important to get every dollar of benefits and compensation you’re entitled to. It can mean the difference between being able to pay your bills and facing financial distress. Your attorney’s job is to help you seek benefits or compensation for this reason.
How Do I Find Out More?
The laws surrounding workers’ compensation can be complex, and sometimes unexpected situations arise. For example, the legal team at Flaxman Law Group has worked with injured workers whose employer illegally did not offer them coverage. In other cases, we have worked with worried employees who had trouble getting their rightful benefits or found that their benefits did not cover their costs.
With more than 60 years of combined experience, our family-based legal team knows how to approach even challenging workers’ compensation claims. Our clients also appreciate our transparent and compassionate approach to their cases.
If you’re injured at work, don’t delay and don’t risk having your claim rejected. Find out what you can do to strengthen your claim. Call Flaxman Law Group at 866-352-9626 to schedule a consultation with a Hollywood workers’ compensation attorney who can review the specifics of your potential claim with you.