Workplace accidents can be unpredictable and debilitating, causing physical injuries and emotional distress to those affected. As such, seeking compensation for the medical bills, lost wages, and other setbacks you’ve been burdened with due to your accident is crucial.
However, getting the compensation you’re owed can be daunting, but fear not – the team of lawyers at the Schiller Kessler Group is here to assist you in navigating the legal system. With nearly three decades of experience and a track record of successful cases, we have the knowledge to help you get the compensation you deserve.
How a Fort Lauderdale Lawyer Can Help You Recover From a Work Accident
Obtaining compensation for injuries suffered in a work accident can be difficult, especially if you’re unsure which course of action is right for you. Depending on your situation, it could be in your best interest to file a workers’ comp claim, pursue a third-party claim, or even file a personal injury lawsuit against your employer.
Fortunately, a workplace accident attorney from Fort Lauderdale can assess your situation and advise you on how to move forward. Here’s what they’ll do to create a winning legal strategy and obtain the compensation you need to get back on your feet:
- Investigate the accident you were injured in
- Determine the cause of injury
- Assist you in filing your workers’ compensation claim
- File a petition to appeal a denied claim
- Negotiate with insurers to secure the highest payment possible
- Pursue all avenues of compensation
- Answer questions about your work accident case
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Requirements for Filing a Workers’ Comp Claim
If you’ve been injured on the job, your first step will likely be to file a workers’ compensation claim with your employer’s insurance company. However, to file a successful claim, you’ll have to report the accident and your injury to your employer no later than 30 days after the incident.
According to Florida Statutes 440.13(2), it’s also important that you seek medical treatment from a provider that your employer’s insurance company approves. If you receive medical care from an unapproved physician or facility, you probably won’t be able to get your bills reimbursed.
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Compensation You Could Receive From a Claim
Once you’ve reported your accident and sought treatment from an approved medical provider, a workplace accident lawyer from Fort Lauderdale can help you file a workers’ comp claim. If your claim is successful, you could receive the following remedies:
- Compensation for medical expenses
- Reimbursement for a portion of lost wages
- Temporary or permanent disability benefits, if applicable
- Death benefits, if your family member passed away in a workplace accident
Unfortunately, legitimate workers’ comp claims are sometimes denied. If yours is, our team can help you file an appeal or pursue remedies another way. We’ll explore every possible path to compensation and take the one that’s most likely to result in a fair payment.
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A Work Accidents Attorney Can Help You File a Third-Party Claim
If your workers’ comp claim is denied or doesn’t provide enough compensation to cover all of your expenses, you might be able to seek damages from a third party. During the investigation of your accident, our Fort Lauderdale work accident attorneys can determine if a third party was partly to blame for the incident you were injured in.
Examples of potentially liable third parties include but aren’t limited to:
- General contractors
- The owner of the property you were working on
- Manufacturers, if you were injured by a defective tool
- Third-party vendors
- Government entities
- A driver, if you were injured in a work-related car accident
Damages a Successful Third-Party Claim Could Yield
The damages you could receive from a third-party claim differ from those usually obtained via a workers’ comp claim. If your third-party claim yields compensation, you could receive any of the following economic and non-economic damages
- Current and ongoing medical bills
- Complete reimbursement of lost wages
- Decreased earning capacity
- Cost of physical therapy
- Cost of repairs or replacement for damaged property
- Pain and suffering
- Emotional distress
- Scarring or disfigurement
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Taking Legal Action Against Your Employer
While most work accident victims aren’t permitted to file a lawsuit against their employer, there are several exceptions that allow you to take legal action against your company. A work accident attorney from our team in Fort Lauderdale can help you sue your employer if one or more of the following statements apply to your situation:
- Employer’s insurance expired: If your employer’s workers’ compensation insurance expired, you won’t be able to pursue damages from their insurer. Instead, you’ll be eligible to seek compensation via a personal injury lawsuit.
- Employer-caused harm on purpose: If your employer or manager intentionally caused your bodily harm, they may be held liable for your medical bills and other losses via a lawsuit.
- Virtual certainty: You may also be eligible to sue your employer if they put you in a position that was certain to cause you physical harm.
- Employer interfered with the claim: If your employer tried to interfere with your claim by delaying the claims process or neglecting to inform the insurance company about your injury, you could sue them if their actions result in a denied workers’ comp claim.
Determining whether you’re eligible to take legal action against your employer can be tricky. Luckily, the attorneys at the Schiller Kessler Group can review your unique circumstances and advise you if it’s in your best interest to sue your company. If you end up suing your employer, we’ll do everything we can to recover the damages you need to cover your expenses.
How Long You Have to File a Lawsuit Against Your Employer in Florida
If you qualify to take legal action against your employer for injuries and losses suffered in a work accident, you’ll have to get your civil suit filed before the state’s deadline. You’ll have two years from the date of your accident to file a claim against your employer.
Failing to comply with this statute could stop you from getting the compensatory damages you need to move forward with your life. To avoid missing out on helpful compensation, contact a lawyer from our firm as soon as possible!
Contact an Experienced Work Accidents Attorney Today
If you’re dealing with a painful and debilitating workplace accident injury, you’re probably worried about being able to pay your medical bills and unsure how you’ll cover basic living expenses with all of the workdays you’re missing.
At the Schiller Kessler Group, we understand how challenging it can be to recover from such an incident. That’s why our team is here to help you recover maximum compensation for your medical bills, lost income, and other accident-related challenges. Contact us today to schedule a free consultation with a knowledgeable Fort Lauderdale work accidents attorney.
Call or text 800-350-3476 or complete a Free Case Evaluation form