Workplace injuries can be truly debilitating. It can take months, if not years, to recover from certain injuries incurred on the job. Filing a claim for workers’ compensation benefits makes the recovery process even more difficult, as many employers and insurance companies will fight to deny your legitimate claim. If you have been injured on the job, the attorneys in our Winter Haven office can help improve your chances of qualifying for workers’ compensation benefits.
We can help compile your claim for benefits, or if you have already been denied, our attorneys can represent you at an appeal hearing. In addition, our attorneys will review the facts of your accident to determine if you may be able to file a lawsuit and recover damages above and beyond what you may be entitled to through worker’s compensation. We will work with you to make sure you receive all compensation to which you are entitled.
If you or a loved one has been hurt on the job, please complete our free case evaluation form to learn more about how our Winter Haven workers’ compensation lawyers may be able to help you.
How an Attorney Can Help
- Filing the Claim: Under Florida’s workers’ compensation system, your employer is required to pay for all necessary medical treatment and rehabilitation services that are required as a result of your workplace injury. To qualify for benefits, you generally must report the workplace injury to your employer within 30 days of the accident. Your attorney can help you collect all necessary medical records that need to be submitted with your workers’ compensation application.
- Working with Medical Experts: In evaluating your workers’ compensation claim, your attorney may consult medical experts to evaluate the extent of your injuries and determine what medical treatments you may need in the future. Our attorneys work with some of the leading medical experts in the Winter Haven area to help secure proper compensation for our clients.
- Determining if a Lawsuit Should Be Filed: Your attorney may be able to help you file a lawsuit against any of the third parties involved in the accident, if their negligence contributed to your injuries. For example, a construction worker who suffered grave injuries because he or she was using machinery that was defective can file a lawsuit against the manufacturer of the machinery. Furthermore, if your employer retributed you for filing a workers’ compensation claim, you may be able to sue your employer for violating anti-retaliation laws.
- Handling an Appeal: Valid claims for workers’ compensation benefits are sometimes initially denied for improper reasons. Florida law provides you with the right to appeal a denied claim. In appealing a denied claim, you are entitled to a hearing before a judge. Your attorney will present evidence at the hearing, such as medical records and expert testimony, to prove that your injuries were caused by a workplace accident and that you are entitled to workers’ compensation benefits.
Florida Workers’ Compensation “Independent” Medical Exam
To qualify for workers’ compensation benefits, your employer or its insurance company may require that you undergo an independent medical exam (“IME”). A doctor selected by your employer or its insurance company will evaluate your injuries and determine if they were caused by an accident at work. The doctor who performs the IME is usually paid by your employer or its insurance company. Your workers’ compensation attorney will work with you to ensure that you receive the correct diagnosis as part of the IME process. If your claim is denied, your attorney may introduce medical evidence or expert testimony provided by a different doctor to correct any mistakes that are contained in the IME diagnosis.
Types of Workers’ Compensation Claims Our Attorneys Handle
Our Winter Haven attorneys handle the following types of workers’ compensation claims:
- Construction accidents
- Injuries from exposure to toxins and other environmental hazards, including mesothelioma or black lung
- Back injuries, spinal cord injuries, and herniated disks caused by lifting or pushing heavy objects
- Workplace injuries sustained by municipal employees, such as police and firefighters
- Burn injuries
- Accidents involving defective tools, machinery, or heavy equipment
- Traumatic brain injuries and head injuries, including accidents caused by falling objects or slip and falls in the workplace
- Amputations, broken bones and fractures, and muscular injuries
- Factory and warehouse accidents
- Repetitive motion injuries, such as carpel tunnel syndrome
If you or a loved one has been injured in a workplace accident, please fill out our case review form for a free claim evaluation from our Winter Haven office.