Workers Compensation Lawyer in Florida

How a workers compensation attorney can help you

Florida Workers’ Compensation Attorneys Ready to Assist You

Have you been injured on the job in Florida? The aftermath of a workplace accident can be overwhelming, leaving you with mounting medical bills, lost wages, and uncertainty about your future. At Ehrlich & Naparstek, our experienced workers’ compensation lawyers are here to guide you through this challenging time. With offices in Boynton Beach and Stuart,  we’re committed to serving injured workers across Florida, ensuring you receive the benefits and support you deserve. 

The first disorienting moments after a workplace injury to the culmination of a compensation claim, the path ahead can seem fraught with uncertainties and complexities. The emotional, physical, and financial toll of an injury is often compounded by the bureaucratic intricacies involved in securing rightful compensation. This journey, although overwhelming, is not one that an injured worker has to walk alone.

Our approach begins with genuine empathy, a listening ear, and a commitment to understand the full breadth of each client’s experience. Our expertise is not just anchored in legal proficiency but also in the intricate knowledge of medical, rehabilitation, and recovery processes. This dual focus ensures that while we aggressively advocate for the best possible compensation, we’re also vested in the holistic recovery and well-being of our clients. We have a team led with the knowledge, wisdom, and experience to tackle even the most complex challenges and deliver exceptional results for our clients.

experienced BOARD-CERTIFIED ATTORNEYS 

Ken Ehrlich, a distinguished legal expert with a Board Certified Workers’ Compensation License and decades of experience, emphasizes the critical importance of understanding your rights and responsibilities after a workplace injury in Florida. As a founding partner of Ehrlich & Naparstek, He brings over 30 years of expertise to the complex and ever-changing landscape of workers’ compensation law. Ehrlich’s approach is comprehensive, addressing not only the legal aspects but also the physical, emotional, and financial impacts of workplace injuries.

 

EMOTIONAL & FINANCIAL IMPACTS OF WORKPLACE INJURIES

Workplace injuries leave scars that go beyond skin deep. The trauma of the incident itself, compounded by the looming financial uncertainties and emotional distress, can be daunting. Recognizing this, our seasoned attorneys approach each case with an unmatched blend of compassion and expertise. At Ehrlich & Naparstek, we believe in not just securing compensation but also offering a shoulder of support, understanding the multifaceted challenges our clients face and assisting them in navigating through a complex and often unfair system.

 

PROTECTING YOUR FLORIDA EMPLOYMENT 

When it comes to workers’ compensation, the law is designed to protect your employment status. If you are unable to work temporarily due to your injuries, you may be entitled to temporary disability benefits. If your injuries are severe and result in long-term or permanent disability, you may be eligible for permanent disability benefits. These benefits are designed to provide financial support and help protect your employment status while you recover or adjust to a new work situation.

CAN YOU BE TERMINATED FOR FILING A WORKERS’ COMPENSATION CLAIM?

In Florida, it is illegal for employers to terminate employees solely based on filing a workers’ compensation claim. The law protects employees from retaliation for seeking the benefits they are entitled to. If you believe you have faced termination or adverse actions in Florida due to filing a workers’ compensation claim, consult with a workers’ compensation attorney immediately. They can assess the circumstances, advise you on your rights, and help you take appropriate legal action to address the situation.

Steps to Take After a Workplace Accident

Experiencing a workplace accident can be overwhelming, but knowing the right steps to take can ensure you receive the necessary care and protect your rights. Here’s what you should do immediately following a workplace accident:

1. Seek Medical Attention

  • Immediate Care: If your injury is severe, call 911 or have someone take you to the emergency room. Your health and safety are the top priority.
  • Follow-Up Care: Even if your injury seems minor, visit a medical professional as soon as possible. Some injuries may not show immediate symptoms but can become serious later.

2. Report the Incident

Notify Your Supervisor: Inform your employer or supervisor about the accident as soon as possible. Provide details about how, when, and where the accident occurred.

Written Report: Complete any required accident report forms and keep a copy for your records. This documentation is crucial for your workers’ compensation claim.

3. Document Everything

Accident Scene: If possible, take photos of the accident scene, any equipment involved, and your injuries. These can serve as valuable evidence.

Witnesses: Collect names and contact information of any witnesses to the accident. Their statements can support your version of events.

4. Follow Medical Advice

Treatment Plan: Follow the treatment plan prescribed by your healthcare provider. Attend all follow-up appointments and therapies.

Medical Records: Keep detailed records of all medical visits, treatments, and prescriptions. These documents are essential for your workers’ compensation claim.

5. File a Workers’ Compensation Claim

Claim Form: Complete the necessary workers’ compensation claim forms provided by your employer. Ensure you fill out the forms accurately and completely.

Timeliness: Submit your claim as soon as possible, as there are strict deadlines for filing workers’ compensation claims.

6. Keep Detailed Records

Injury Journal: Maintain a journal detailing your symptoms, pain levels, and how the injury affects your daily life. This can provide insight into the extent of your injury.

Expense Log: Track all expenses related to your injury, including medical bills, travel costs for medical appointments, and any other out-of-pocket costs.

7. Communicate with Your Employer

Stay Informed: Keep open communication with your employer about your injury, your recovery progress, and any work restrictions or accommodations needed.

Return to Work: Discuss your return-to-work options with your employer. If you are unable to perform your previous duties, your employer may provide modified or light-duty work.

8. Consult a Workers’ Compensation Attorney

Legal Advice: Consider consulting with a workers’ compensation attorney to understand your rights and ensure you receive the benefits you are entitled to.

Claim Assistance: An attorney can help you navigate the complex workers’ compensation process, gather necessary evidence, and represent your interests.

9. Monitor Your Recovery

Medical Progress: Regularly monitor your recovery and report any changes in your condition to your healthcare provider.

Work Capabilities: Keep your employer informed about your work capabilities and any ongoing medical restrictions.

10. Appeal if Necessary

Denied Claims: If your workers’ compensation claim is denied, don’t give up. You have the right to appeal the decision.

Legal Support: An attorney can assist you in the appeal process, helping you gather additional evidence and represent you in hearings.

What is covered by Workers compensation?

Florida’s workers’ compensation system is designed to provide a safety net for employees injured on the job. However, the intricacies of this system can be daunting for the uninitiated. Let’s delve deeper into the key components:

MEDICAL CARE: COMPREHENSIVE COVERAGE WITH CAVEATS

While the law mandates coverage for all necessary medical treatment, the devil is in the details. Insurance carriers often attempt to limit or deny certain treatments, claiming they’re not medically necessary. As your legal advocate, we scrutinize every decision to ensure you receive the full spectrum of care you need.
It’s crucial to understand that in Florida, your employer has the right to direct your initial medical care. However, if they fail to provide timely treatment, you may seek your own medical provider. This is a nuanced area where many claimants stumble, potentially jeopardizing their benefits.

WAGE REPLACEMENT: NAVIGATING THE COMPLEXITIES

The 66 2/3% wage replacement seems straightforward, but calculating your average weekly wage can be complex, especially for those with variable income or multiple jobs. We’ve seen countless cases where insurance companies underestimate this figure, shortchanging injured workers.
Moreover, there are strict waiting periods and maximum duration limits for these benefits. Understanding these timeframes is crucial for financial planning during your recovery.

PERMANENT DISABILITY BENEFITS: FIGHTING FOR FAIR COMPENSATION

Permanent disability benefits in Florida are notoriously complex. The determination of your impairment rating can significantly impact your compensation. We’ve successfully challenged unfair ratings, securing more substantial benefits for our clients.
It’s important to note that Florida’s system for permanent partial disability is based on a complex formula that considers your impairment rating, age, and education level. Maximizing these benefits often requires skilled legal representation.

VOCATIONAL REHABILITATION: A DOUBLE-EDGED SWORD

While vocational rehabilitation can be beneficial, it’s sometimes used by insurance companies to prematurely terminate other benefits. We ensure that any vocational plans are truly in your best interest and not simply a cost-saving measure for the insurer.

Emotional & Financial Impacts of Workplace Injuries

Workplace injuries leave scars that go beyond skin deep. The trauma of the incident itself, compounded by looming financial uncertainties and emotional distress, can be daunting. Recognizing this, our seasoned attorneys approach each case with an unmatched blend of compassion and expertise. At Ehrlich & Naparstek, we believe in not just securing compensation but also offering support. According to the National Safety Council, workplace injuries cost the U.S. economy over $170 billion annually, underscoring the critical need for comprehensive legal aid. We understand the multifaceted challenges our clients face and assist them in navigating a complex and often unfair system.

Decoding the 120-Day “Pay and Investigate” Mandate

Gone are the days of ambiguous investigative periods. The new mandate enforces a strict 120-day framework, commencing from the day the initial benefit is released. This legislation ensures that claimants receive timely responses, propelling insurance carriers to operate both swiftly and meticulously. Our role? We make sure these timelines are adhered to, championing for our client’s right to a prompt resolution and ensuring the benefits they are legally entitled to recieve.

EMA Statute Evolution: Translating It For You

The utilization of Expert Medical Advisors (EMAs) witnessed a significant recalibration. Instead of the erstwhile almost automatic engagement, the decision now rests with the Judges of Compensation Claims. The intended outcome is a streamlined process, sidestepping redundant medical evaluations and facilitating expedited case conclusions. This discretion allows judges to resolve mediation disputes. At Ehrlich & Naparstek, we guide our clients through these nuances, ensuring they understand the implications and benefits of this revision.

Compliance and Compassion

We are wholeheartedly dedicated to supporting employees who’ve suffered on the job. Beyond just assisting in the recovery of lost wages, we actively help them find the essential medical care they require. We understand that a work injury doesn’t just impact one’s financial stability but also their physical and emotional well-being. That’s why our approach is comprehensive, ensuring that our clients not only receive the compensation they are entitled to but also the proper medical attention and support to aid in their recovery. Our goal is to help them get back on their feet, fully restored and ready to embrace their future after a work injury.”

At Ehrlich & Naparstek, we’re more than just legal representatives; we’re partners in your journey, dedicated to championing your rights and ensuring you’re equipped to navigate the evolving landscape of workers’ compensation in Florida.

TACKLING THE MOST FREQUENT WORKPLACE INJURIES IN FLORIDA

Our vast experience has acquainted us with the myriad ways injuries manifest in the workplace. From musculoskeletal injuries, often a result of inadequate training or lack of safety gear, to occupational diseases emerging from prolonged exposure to harmful environments, and traumatic injuries – each case presents unique challenges. We bring our wealth and experience of almost 3 decades to the fore, identifying potential hazards, tailoring strategies, and advocating relentlessly for our clients.

Musculoskeletal Injuries:

These injuries affect the muscles, bones, tendons, ligaments, and other parts of the musculoskeletal system. Examples include sprains, strains, fractures, and repetitive strain injuries (RSIs) like carpal tunnel syndrome. These are often seen in jobs requiring heavy lifting or repetitive movements.

Occupational Diseases:

Some workplace hazards in Florida can lead to long-term health issues, commonly referred to as occupational diseases. These may include respiratory conditions caused by exposure to toxic substances, such as asbestos-related diseases or occupational asthma. Florida’s diverse range of industries, from manufacturing to agriculture, can potentially expose workers to these risks.

Traumatic Injuries:

These injuries occur as a result of sudden accidents or incidents, often leading to immediate harm. They can range from cuts, burns, and bruises to more severe injuries like head trauma, spinal cord injuries, or amputations. Traumatic injuries are frequent in professions such as construction, transportation, and healthcare. Understanding the prevalent types of injuries can help you identify the specific risks associated with your work environment in Florida and take appropriate preventive measures.

Despite your best efforts, there may be challenges along the way when seeking workers’ compensation benefits in Florida. Understanding these potential obstacles can help you prepare and strategize accordingly. Here are some common challenges you may encounter in Florida:

Common Claim Obstacles:

Workers’ compensation claims in Florida can face various obstacles, such as insurance company disputes, denied claims, or delays in processing. It is important to be prepared for these challenges and seek legal guidance to overcome them effectively.

Overcoming Hurdles:

Strategies for Success in Florida: Working closely with your workers’ compensation attorney, you can develop strategies to overcome obstacles and increase the likelihood of a successful claim. This may involve gathering additional evidence, obtaining expert opinions, or presenting a compelling case during trials, appeals or hearings. Receiving a denial for your workers’ compensation claim in Florida can be disheartening, but it does not necessarily mean the end of the road. Understanding the reasons for claim denials and knowing the appeal process can help you determine the next steps. Here’s what you need to consider in Florida:

Employer Obligations in the Florida Workers’ Compensation Process: What You Should Know

Employers in Florida have legal responsibilities when it comes to workers’ compensation. Understanding these obligations can help you navigate the process more effectively and ensure you receive fair treatment. Here are a few key points to be aware of in Florida:

Legal Responsibilities

Employers in Florida are generally required to carry workers’ compensation insurance to provide benefits to employees injured on the job. They must promptly report workplace accidents to their insurance carrier, cooperate with the investigation, and provide necessary information for the claims process.

Your Rights:

Ensuring Fair Treatment in Florida: As an injured employee in Florida, you have certain rights in the workers’ compensation process. This includes the right to receive appropriate medical treatment, to be compensated for lost wages, and to file a petition for benefits. If your claim is denied. Your employer should not retaliate against you for filing a workers’ compensation claim, and you have the right to protection from such actions in Florida

Florida Employer Obligations in the Workers’ Compensation

Process: What You Should Know

Employers have legal responsibilities when it comes to workers’ compensation. Understanding these obligations can help you navigate the process more effectively and ensure you receive fair treatment. Here are a few key points to be aware of:

Legal Responsibilities:

Employers are generally required to carry workers’ compensation insurance to provide benefits to employees injured on the job. They must promptly report workplace accidents to their insurance carrier, cooperate with the investigation, and provide necessary information for the claims process.

Your Rights: Ensuring Fair Treatment:

As an injured employee, you have certain rights in the workers’ compensation process. This includes the right to receive appropriate medical treatment, to be compensated for lost wages, and to file a petition of benefits if your claim is denied. Your employer should not retaliate against you for filing a workers’ compensation claim, and you have the right to protection from such actions.

WORKERS’ COMPENSATION STATISTICS IN FLORIDA

Understanding the landscape of workers’ compensation claims in Florida can provide valuable insights for employees and employers alike. 

The infographic below provides a comprehensive look at key workers’ compensation statistics in Florida from 2018 to 2022. This visual representation highlights important trends and figures that can help both employees and employers understand the landscape of workers’ compensation in the state.

Claims Filed and Accepted

Over the past five years, the number of claims filed annually has ranged from 74,000 to 82,000, with a slight decline observed in recent years. Correspondingly, the number of claims accepted each year has remained between 66,000 and 73,000, indicating a consistent acceptance rate of workers’ compensation claims.

Total Payouts and Average Payouts

Total payouts in workers’ compensation have fluctuated, peaking at $720 million in 2020 and showing a downward trend to $670 million by 2022. The average payout per claim also saw a peak in 2020, reaching $10,362, before slightly decreasing to $10,000 in 2022. These figures reflect the financial scope of workers’ compensation claims and the importance of adequate compensation for injured workers.

Fatal and Non-Fatal Claims

The number of fatal claims has remained relatively stable, with a slight decrease from 270 in 2019 to 240 in 2022. Non-fatal claims, which constitute the majority of workers’ compensation cases, have seen a gradual decline from 81,730 in 2019 to 73,760 in 2022. This trend underscores the ongoing need for robust workplace safety measures and effective compensation systems.

These figures illustrate the significant impact of workers’ compensation on the workforce and underline the necessity for adequate legal support. At Ehrlich & Naparstek, we are dedicated to ensuring you receive the compensation you deserve.

The Next Course of Action When Your Workers’ Compensation Claim is Rejected in Florida

1. Understanding the Reason:

Why Claims are Denied in Florida: Claims may be denied due to various reasons, such as insufficient evidence, missed deadlines, or disputes over the causal relationship between the workplace incident and your injuries. It’s crucial to understand the specific reason for the denial, as it will guide your approach to the decades of experience.

2. hearing Process:

Contesting the Decision in Florida: When your workers’ compensation claim is denied in Florida, you have the right to contest the decision. The hearing process typically involves filing a petition for benefits and submitting additional documentation, attending hearings, and presenting your case before an administrative law judge of compensation claims. Having an experienced workers’ compensation attorney by your side in Florida can greatly enhance your chances of a successful outcome by providing expert guidance, preparing strong arguments, and representing your interests throughout the process.

Contact Us For Your Workers’ Compensation Claim

If you’re ready to take the next step and secure the compensation you deserve, don’t hesitate to reach out to Ehrlich & Naparstek. Contact us today to schedule a consultation and let our dedicated team of workers’ compensation attorneys fight for your rights. By choosing Ehrlich & Naparstek for your workers’ compensation claim, you gain access to a firm with a strong track record of success. Our attorneys are led by a Board Certified Workers Compensation Specialist with almost 30 years in experience. We are well-versed in the intricacies of workers’ compensation laws and have a deep understanding of the local legal landscape. We strive to provide personalized attention to each client, taking the time to understand your unique circumstances and develop a tailored strategy to achieve the best possible outcome for your case.

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Workers Compensation In Florida FAQ's

Answers from Ehrlich & Naparstek Personal Injury Lawyers

Get answers to the most frequently asked questions workers compensation from Ehrlich & Naparstek Personal Injury Lawyers. Learn about your legal rights, the claims process, and how to handle insurance companies effectively.

What is Workers' Compensation?

Workers' compensation is a state-mandated insurance program that provides benefits to employees who suffer job-related injuries or illnesses. In Florida, this program is designed to cover medical expenses, a portion of lost wages, and rehabilitation costs for employees injured on the job.

Who is Eligible for Workers' Compensation in Florida?

Most employees in Florida are covered under workers' compensation. Employers with four or more employees, including both full-time and part-time workers, are required to carry workers' compensation insurance. There are specific requirements for certain industries:

  • Construction businesses must have coverage for every employee.
  • Agricultural businesses with six or more regular employees and/or twelve or more seasonal workers who work more than 30 days must also provide coverage.

How Do I File a Workers' Compensation Claim in Florida?

  • Report the Injury: Inform your employer immediately after the injury occurs or as soon as you become aware of a work-related illness.
  • Seek Medical Treatment: Your employer or their insurance carrier will provide you with an authorized medical provider.
  • File a Claim: Your employer is responsible for reporting your injury to their insurance company. You can also file a claim with the Florida Division of Workers' Compensation. For more details, visit the Florida Division of Workers' Compensation.

What Benefits Are Available Under Workers' Compensation?

Workers' compensation covers all necessary medical treatments related to the injury or illness, including doctor visits, surgeries, physical therapy, prescriptions, and travel expenses for medical appointments.

Wage Replacement Benefits

If you are unable to work due to your injury, you may be entitled to wage replacement benefits:

  • Temporary Total Disability (TTD): If you cannot work at all while recovering, you may receive 66 2/3% of your average weekly wage.
  • Temporary Partial Disability (TPD): If you can return to work but earn less than 80% of your pre-injury wages, you may receive a portion of the difference.
  • Permanent Total Disability (PTD): If you are permanently unable to work, you may receive benefits for life.

  • Impairment Benefits

    If your injury results in a permanent impairment, you may receive impairment benefits based on the severity of the impairment and your pre-injury wages.

    Death Benefits

    If a worker dies due to a work-related injury or illness, their dependents may receive death benefits, including funeral expenses and financial support.

What Should I Do If My Workers' Compensation Claim Is Denied?

If your claim is denied, you have the right to dispute the decision. Steps to take include:

  1. Request a Reconsideration: Contact the insurance company to review the denial.
  2. File a Petition: You can file a petition for benefits with the Florida Division of Workers' Compensation. More information is available at the Office of the Judges of Compensation Claims.

How Long Do I Have to File a Workers' Compensation Claim?

In Florida, you must report your injury to your employer within 30 days of the incident. Failing to do so may result in losing your right to benefits. You also have two years from the date of injury to file a formal claim.

Can I Choose My Own Doctor for a Workers' Compensation Claim?

Generally, you must see a doctor authorized by your employer's workers' compensation insurance. If you are not satisfied with the care, you may request a one-time change of physician, but the new doctor must also be authorized by the insurance company.

What Happens If My Employer Does Not Have Workers' Compensation Insurance?

How Are Wage Replacement Benefits Calculated?

    • Wage replacement benefits are typically calculated as a percentage of your average weekly wage (AWW) prior to your injury. The calculation takes into account your earnings over the 13 weeks prior to your injury.

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What Should I Do If My Employer Retaliates Against Me for Filing a Workers' Compensation Claim?

Retaliation for filing a workers' compensation claim is illegal. If you experience retaliation, such as termination or demotion, you can file a complaint with the Florida Commission on Human Relations.

Can Independent Contractors Receive Workers' Compensation Benefits?

Independent contractors are typically not covered under workers' compensation laws. However, misclassification issues may arise, and in some cases, contractors might be deemed employees and eligible for benefits.

In Florida, there is a 7-day waiting period before wage replacement benefits begin. If your disability lasts more than 21 days, you may be compensated for the initial 7 days.

How Long Can I Receive Workers' Compensation Benefits?

The duration of benefits depends on the nature and extent of your injury. Temporary benefits can last up to 104 weeks, while permanent benefits depend on the degree of impairment and the type of disability.

Can I Receive Workers' Compensation Benefits if I Am Partially at Fault for My Injury?

Yes, workers' compensation is a no-fault system, meaning you can receive benefits regardless of who was at fault for your injury, as long as it occurred in the course of employment.

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Florida Cities We Serve for Work Injury Cases

DEDICATED REPRESENTATION IN FLORIDA'S MAJOR METROPOLITAN AREAS

At Ehrlich & Naparstek, we offer comprehensive legal solutions across a broad spectrum of personal injury areas, ensuring our clients receive the dedicated and expert representation they deserve. Our seasoned attorneys are committed to championing the rights of injury victims and securing the compensation they are entitled to. Below is an overview of the key cities and each case type we service in Florida.

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FLORIDA CASES TYPES & CITIES WE SERVICE

Dedicated Representation in Florida's Major Metropolitan Areas

Fellsmere Car Accident Lawyer
Lakewood Park WORK INJURY LAWYER
West Palm Beach Wrongful Death Lawyer
St. Lucie Village Bicycle Injury Lawyer
Florida Wrongful Death Lawyer
Indian River Shores Motorcycle Lawyer
Lantana’s Compensation Claims
Jensen Beach TRUCK ACCIDENT LAWYER
Stuart Personal Injury Lawyer
Indian River Estates RIDESHARING LAWYER
Indian River Shores Truck Accident Lawyer
Stuart Medical Malpractice Lawyer
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Essential Workers Compensation Tips

Guidance from Ehrlich & Naparstek Personal Injury Lawyers

Discover valuable tips and insights from Ehrlich & Naparstek Personal Injury Lawyers to navigate the complexities of personal injury cases. Whether you’ve been in an accident or need advice on dealing with insurance companies, our expert guidance will help you protect your rights and make informed decisions. Contact us 24/7 at (772) 842-8822 (Stuart) or (561) 687-1717 (West Palm Beach) to schedule an appointment.