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Workers Compensation Lawyers
If you have suffered a workplace-related injury or illness, you may be eligible for workers' compensation. A workers' compensation attorney can help you file a successful claim with your employer's insurance provider, ensuring that you receive the compensation you need and deserve after the injury.
Morgan & Morgan
When Do You Need a Workers' Compensation Attorney in Palm Harbor?
Workers' compensation cases are not the easiest to handle, especially when the other party refuses to cooperate. Here are some common signs you may need a workers' compensation lawyer in Palm Harbor to fight for your rights.
When you suffer a workplace injury or illness, you'll need to file a workers' compensation claim with your employer. In some cases, your employer or insurer might deny that you got injured while at work. Some may even claim that your injury occurred due to an underlying condition. In that case, you may need an attorney to fight for you.
After getting injured or sick due to a dangerous condition in the workplace, you must notify your employer about it. Your employer will then file a claim with their insurance provider. However, some employers might drag their feet, denying you the chance to get the treatment you need and deserve to recover from injuries. Talk to a workers' compensation attorney if your employer or the insurance provider takes more than 30 days to process your claim.
When you suffer mild injuries, the insurance company will most likely process your claim quickly. This usually happens in situations where you are expected to make a full recovery within a short period. However, things may be different if you suffer serious injuries or even permanent disability preventing you from going back to work. Such claims are usually more expensive to settle. As a result, the insurer will most likely try to find ways to undervalue the claims process, denying you the compensation you may be entitled to. A workers' compensation attorney can fight for your rights when that happens.
Refusal to Pay for Treatment
When you get injured or sick in the workplace due to someone's negligence, your doctor might recommend a particular treatment. But you'll be surprised to find out that insurance companies might contest the doctor's recommendation, terming it unnecessary.
For example, suppose your doctor suggests that you visit a physical therapist several times a week. In that case, the insurance company could claim that such visits are unnecessary, hence no need to pay for them.
This can be heartbreaking, especially when you discover that insurance providers don't actually care for you as they may claim. Instead, protecting their interests and maximizing their profits is their top priority. When you find yourself in such a situation, you need to talk to an experienced workers' compensation attorney to fight for you.
Insurance companies only care about protecting their interests and maximizing their profits. And when they realize that you do not have a skilled attorney fighting for you, they will most likely try to undervalue your claim. As a result, you may end up paying for expensive medical costs and other expenses out of pocket, which shouldn't happen in the first place.
Another example is when you suffer a permanent disability due to an injury or sickness sustained while working. The compensation you may be entitled to usually depends on your disability rating, also known as impairment rating. If the insurance provider disagrees with your impairment rating, they will most likely require you to get an independent medical exam conducted by a doctor selected by the insurance company. Most of the time, when that happens, the results are not always fair because the system is biased from the onset. The insurance company's doctor will most likely serve the insurer's interests and care less about your health.
If you ever find yourself in such a situation, it is important that you consult with an attorney. An experienced workers comp lawyer Palm Harbor can help deal with insurance companies directly, protecting you from intimidation and exploitation by the insurer.
If the insurance provider discovers that you have a pre-existing condition, they will try to link it to your injury or sickness. But having a pre-existing condition does not mean that you are not entitled to compensation for an injury sustained while on the clock. However, despite knowing this, insurance companies will still try to find reasons to undervalue your claim. They'll even blame your injuries or sickness on unrelated conditions. In that case, you need an attorney to help separate the two and prove to the other party that you got injured or sick because of negligence at the workplace.
Picture this - you get injured or sick in the workplace due to your employer's negligence. You then file a workers' compensation claim with your employer's insurance provider. When you return to work, you discover that you have been demoted. This could be a case of employer retaliation. But why would your employer retaliate against you when you file a worker's compensation claim with the insurer? Here's why:
Like auto insurance, workers' compensation insurance premiums increase when there's a high risk of claims. For this reason, your employer will most likely need to pay higher premiums when you file a claim with the insurer. And given the price increase, some employers might retaliate against you, blaming you for the incident when it was clearly not your fault.
Rather than retaliating against their employees, reasonable employers should enforce various measures to prevent such accidents from reoccurring. But sadly, some rogue employers opt to retaliate against their workers. If that's what you're going through or dealing with, a workers' comp attorney is just a phone call away.
Florida employment laws require employers to provide workers' compensation insurance. However, suppose you suspect that your employer does not have this kind of insurance, yet you have been injured or fallen sick due to negligence in the workplace. In that case, an experienced workers' compensation attorney can help evaluate your options.
Unsure of What to Do
In some cases, you may not know what to do after a workplace injury, which is understandable. The paperwork alone can be overwhelming, not forgetting the back and forth with the insurance provider. Talk to an experienced attorney if you need guidance on filing such a claim.
How Can a Palm Harbor Workers Compensation Attorneys Help?
Now that you know about various situations that could warrant the need for a worker's compensation attorney let's discuss different ways this legal expert might be able to help.
Workers' compensation laws are complicated. Although the filing process might seem pretty straightforward on paper, you'll encounter many hurdles along the way. In fact, many employees abandon their claims halfway out of frustration. But that should not be the case; all you need is an experienced workers' comp lawyer.
This attorney will handle important paperwork on your behalf. Remember, workers' compensation claims are time-sensitive. You need to beat these deadlines and ensure that you fill out the correct paperwork. This process can be overwhelming, especially if you don't know where to start. If you miss a step, that alone could jeopardize your claim.
In addition, if your employer or their insurer disputes your claim unfairly, you will need to prove them wrong. For instance, if you have an underlying condition that is not connected to your injuries, you must prove that these two are not connected. To prove this, your attorney will need time to conduct investigations, obtain substantial evidence, and present it to the other party. And if they still dispute your claim or propose a lowball offer, your attorney will explore other legal options, such as filing a lawsuit on your behalf.
This means more paperwork and even more time for research. An attorney can also prepare you for questioning when the case goes to court. They'll let you know how to present yourself before the court and the other party's representatives. They will also cross-examine evidence from the other party, including witness statements.
The good thing about a workers' compensation claim is that the settlement is not final unless approved by a judge. In that case, you have the right to reject any compensation that does not seem reasonable enough to help settle the damages caused by the workplace injury or sickness. However, on the other hand, a judge can only reject the settlement amount if it is grossly unfair. For this reason, you need an attorney who will fight for you when you feel uncomfortable with a settlement offer from your employer's insurer.
What Can a Palm Harbor Workers' Compensation Attorney Help You Recover?
The damages you may be able to recover following a successful workers' compensation claim in Palm Harbor, FL, usually depend on various factors, such as the severity of the injuries. Generally, you may be able to recover the following:
When you get injured or sick due to negligence or a dangerous condition in the workplace, the first and most important thing to do is to seek medical attention. During treatment, you will most likely incur medical expenses such as the cost of emergency room visits, surgeries, prescription drugs, medical equipment, etc. Your employer's insurer should compensate you for these expenses, but as discussed earlier, they might give you a rough time when you file a claim. That's why you need an attorney to fight for you.
Lost Wages and Benefits
If you did not go to work as scheduled due to the injuries sustained, you might be able to recover lost wages. The same applies if you suffered a permanent disability preventing you from returning to work. A workers' comp attorney will calculate the wages lost and include it in your final claim.
Compensation for Disability
The impairment rating plays a huge role when calculating reasonable compensation for an employee who has been injured in the workplace. Unfortunately, insurance providers usually attempt to frustrate the process by undermining the injuries. But when you have an attorney by your side, they'll fight for your rights, ensuring you receive the compensation you need.
For example, if you suffered a short-term disability, you may be eligible for compensation for the disability and the time required to recover. But if the disability is permanent, your impairment rating will decide the amount you may be able to recover as compensation. Of course, you do not expect your insurer to inform you about these options because the more you know, the more you feel empowered to fight for your rights. On the contrary, an experienced attorney will let you know about rights you never knew you had and also help you defend them.
You may be eligible for compensation if you got exposed to a dangerous condition at the workplace and got sick. Your attorney will help build a strong case against the other party.
If your loved one died due to an occupational accident or illness, a worker's compensation lawyer can help the surviving family members obtain death benefits.
Where Can You Find the Best Palm Harbor Workers’ Compensation Lawyers?
Morgan & Morgan is the best law firm to contact if you're looking for experienced Palm Harbor workers' compensation lawyers. With more than 30 years of experience handling workers' compensation cases in the region, you can count on us to fight for your rights and secure the compensation you need and deserve.
All you have to do is fill out our free online consultation form or call us at 727-275-6090 to schedule a free consultation with one of our legal representatives. And if you have a valid case against your employer or the insurance provider, we will not charge you anything unless we win.