Get In Touch

    Workers’ Compensation Claim With an Experienced Lawyer

    Many workers get injured on the job, and it can negatively affect them in a big way with regard to the resulting medical bills and lost wages. Workers’ compensation programs and laws exist to protect employees who are injured while on the job.

    They were enacted to mitigate litigation expenses for both sides, and to eliminate the need for injured workers to prove their injuries were the employer’s fault. Unfortunately, as businesses practices and workers’ compensation insurance providers become more complex, insurance companies’ bottom line has once again taken center stage.


    When any person suffers from workplace injuries because of someone else’s fault, the workers comp attorney Fort Myers trusts is the right professional to help you file a claim. They can help you seek monetary compensation for all the losses and damages you incurred due to workplace accidents.

    Workers can seek compensation for their job injuries because specified laws give them the right to do so, especially those hurt on the job. The compensation to which the workers may be entitled will depend on the type of damage the worker has suffered. With the help of legal professionals, you can now seek the compensation you deserve.

    What do the compensation laws say?

    The relevant compensation laws are governed by both state law and federal statutes. However, the compensation is fixed based on the number of dependents the worker has or a fixed amount when an employment-related accident occurs, leading to injuries or diseases.

    The statutory compensation is set, and the employee needs not initiate legal action to procure it. The hitch here is that every state has different guidelines for compensation.

    There are different laws for federal employees, and they have separate compensation acts as opposed to the ones relevant to private company employees. Sailors have other relevant laws, whereas the longshore and harbor employees come under different acts.

    Why do workers compensation laws exist?

    These laws are put in place to hold employers strictly liable for any injuries sustained by the employee in the course of their employment. The compensation is available to workers without regard to whether the employer or employee exhibited any negligence. The compensation laws provide compensation based on the injury or disease that arises in the course or employment scope to give rise to a valid claim. To fulfill the requirements to get workers’ compensation benefits, you must be able to prove that an employee-employer relationship exists. Of particular note, independent contractors do not receive protection under workers’ compensation laws.

    All too often, workers who have been injured on the job find themselves in a struggle to be granted and receive the workers’ compensation payments and other benefits to which they are entitled.

    In the United States, most employees who are injured on the job have a right to medical care for their injuries. In many situations, this will include monetary payments to compensate injured workers for resulting temporary or permanent disabilities.

     workers compensation claims

    Workplace injury laws in Florida can be very complex, and they are best understood by seeking the legal advice and representation of experienced legal counsel. In situations in which workplace injuries are caused by the negligence of an employer or a co-worker, workers’ compensation is the sole remedy for an injured worker. These laws will provide compensation for medical benefits and a part of an injured worker’s lost wages. However, in most cases, workers’ compensation is unlikely to fully compensate an injured worker for all of their losses.

    However, there are situations in which an entity other than the employer or co-worker is responsible for an on-the-job injury, which legally allows for the injured worker to file a personal injury lawsuit.

    Generally, workers compensation benefits cover:

    • Medical bills
    • All or part of the injured person’s lost wages while they are unable to work
    • Compensation for long-term or permanent disability or loss of quality of life
    • Death benefits for the immediate dependent family of the worker who has lost their life due to an on-the-job accident or incident

    Not all workers compensation claims proceed smoothly, and many injured workers must play the waiting game to receive the compensation and benefits to which they are entitled. In some cases, they even have their workers’ compensation benefits denied.

    How can a Florida workers compensation attorney help you?

    A worker’s compensation attorney in Florida can help workers get compensation for the injuries or the disease that occurred during the course of their employment. The lawyer will know all of the laws regarding the compensation to which you may be entitled. They will also help you procure your compensation benefits faster than if you were fighting the case alone. The attorney’s goal is to expedite the process so that you can get money to pay your medical bills and other household expenses as quickly as possible.

    Often, the employer’s insurance company will have a team of lawyers who will counter-charge the claim or will try to bring down the amount of compensation to which you are entitled. In such cases, having a legal professional, like a lawyer for workers’ compensation, can be a huge benefit. Your lawyer can work on every possible angle so that you will get justice and the compensation you deserve. A personal injury lawyer will perform the following tasks on your behalf:

    • Gather all of the medical evidence to prove that your injury or disease occurred during the course of your employment.
    • Seek depositions from all concerned parties, including dealing with the claimant, physicians, and medical experts, which can help strengthen your case
    • Research and understand any current developments under the law to enable them to have better insight into the benefits for which you are eligible in this particular case
    • Prove your inability to return to work
    • Guide the claimant through the process, as most workers are unaware of the laws regarding workers’ compensation.
    • Complete the required documentation so that the injured person does not have to handle the tasks that workers compensation lawyers in Florida can perform more quickly and effectively
    • Draft pleadings, as well as file motions, briefs, opinions, and other legal documents necessary for the case
    • Litigate in court

    When the medical evidence is concrete, it will work as a catalyst to get your benefits claims settled quickly. Your lawyer’s job rests on getting this part of the evidence right to ensure that your claims are not rejected. To get a verdict in your favor, you should get legal help.

    Contact a Fort Myers workers comp attorney for legal help!

    If you are having problems seeking fair compensation and benefits following a workplace accident or incident, remember that you do have rights. Our law firm is here to stand up for those rights to ensure you are treated fairly and compensated accordingly.

    You can connect with our team to discuss any concern you may have about your workers’ compensation case. Our team can provide the comprehensive assistance that you need.


    Your Attorney

    Bill B. Berke

    Mr. Berke is an experienced attorney based in Southwest Florida. He received his Bachelor of Science in Business Degree from Indiana University in 1982 and his Juris Doctor Degree from the University of Florida in 1985. Since 1986, he has been running his own law firm, Berke Law Firm, P.A., exclusively representing injured individuals. He is admitted to practice in various courts, including the Supreme Court of the United States. Mr. Berke specializes in workers' compensation, social security disability, defective drug/device litigation, employment law, and overtime claims. He is actively involved in professional associations and community organizations, advocating for the rights of employees and claimants.