You can file a workers compensation claim immediately after you are injured at your workplace or when you start facing an illness that arose as a result of your workplace environment. The workers’ compensation law is designed to protect people who have injuries, become disabled, or suffer from severe disease due to their workplaces. The victim can get monetary awards for the losses and damages that may result from a workplace accident or related incidents.
Many employers, along with the insurers, try to avoid having employees file workers’ compensation plans. They often deny responsibility for the worker’s injuries that they have incurred in the workplace. Because of this, many people do not get the monetary benefits they deserve for their losses and damages. In such scenarios, a legal professional can play a crucial role. They facilitate communication with the employer, insurance agents, and other people about your compensation. Due to their in-depth knowledge of the law, they can take appropriate steps to preserve your rights.
What if the employer or insurance provider says that your injury is non-compensable?
There are instances in which the insurance company may try to prove that you are ineligible for compensation for your injuries. Many claimants may not meet the requirements for workers’ compensation coverage under Florida’s law (Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us). In that case, it is best to seek legal help.
To get workers’ compensation, you will need to fulfill two requirements:
- Your employer should carry workers’ compensation insurance.
- Your injury or illness should be a result of your job.
Some circumstances when people face serious injuries or illness at the workplace include:
- Exposure to harmful chemicals
- Failure of employer to implement safety measures to protect employees
You can also apply if:
- You are commuting to work and are injured in transit
- You suffer an accident and injury at an official party or work event, such as a slip and fall
- You were injured on the way to complete office tasks
Many people’s jobs demand daily travel, and they can face road accidents while performing their duties. In these instances, you will likely be eligible for workers’ compensation. To determine whether you would be eligible to file a workers’ compensation claim, you should consult an experienced workers compensation attorney in Florida.
What are the roles and responsibilities of a workers’ compensation lawyer?
The experienced legal team at Berke Law Firm, P.A., understands the law and knows all details about pursuing claims for workers’ compensation. They can easily determine the strengths and weaknesses of your claim. To secure fair compensation for your losses and damages, a lawyer can take the steps necessary to improve your chances of success. Here are some of the important roles that an attorney can play:
- Represent the interests of the claimant
- Communicate with all parties related to the claim
- Assist with a thorough investigation into the accident
- Evaluate the claimant’s losses and damages that resulted from the accident
- Prepare a strong report with all the evidence that proves your loss
- Negotiate a settlement on your behalf
- Identify accident witnesses and take their statements about the incident
- Speak with any person who can make your workers’ compensation claim strong, including employers, friends, and family members
- Gathering evidence that shows employer negligence or fault, such as poor workplace safety or insufficient training
Gathering medical evidence is one of the most vital steps
When it comes to gathering medical evidence, a personal injury attorney can be extremely valuable. They can perform the following functions:
- Collect all of your medical records
- Recommend experienced doctors and other health professionals
- Seek opinions about your injuries from medical experts
Your lawyer can negotiate with insurance companies to maximize the amount of compensation you receive. There are many steps that only a reputable attorney can take, such as:
- Determining the extent of the claimant’s injuries and assessing the claim’s value
- Accessing documents that prove the limitations that you face due to your workplace injury
- Helping navigate any issues relating to temporary or permanent disability
With the help of an attorney, you can seek compensation for medical expenses, lost wages, and any other losses that you suffered as a result of the workplace accident.
What happens if the case cannot settle?
There are cases in which the parties cannot reach a settlement agreement and the matter progresses to a trial or administrative hearing. Your lawyer can represent you at every stage of the process. If you are not satisfied with your trial’s outcome, your attorney can help you appeal the decision.
Contact a workers’ comp lawyer today to help with the process
Initiating the workers’ comp process is not an easy task. It includes a lot of things that the claimant alone cannot take care of. From guiding you to take appropriate steps after the accident, talking to employers about insurance and your legal rights, and directing you to seek the best possible treatment, a legal professional will stand by your side while you pursue the compensation you deserve.
Attorneys at Berke Law Firm, P.A., regularly handle all types of workers’ compensation claims. Our legal team can take the necessary legal steps to help claimants seek the compensation they deserve following a workplace injury or illness. Contact a lawyer with enough experience so you can concentrate on your health while they fight for your rights.