When you find yourself facing a workers’ compensation case because of a work related injury, you may wonder if you need to hire an attorney to handle your case. In many cases, the answer is yes, a workers’ compensation lawyer can help you get all the benefits you deserve. While every case is different, the severity of your injury, the complexity of your case, and the actions of your employer and its insurance company can also be factors in whether you need a lawyer. Let’s explore the top 10 reasons you need a workers’ compensation lawyer in South Florida.
1. Your Employer Doesn’t Report Your Injury.
Workers’ compensation benefits are provided by your employer, but they are generally paid by the employer’s insurance company. This means your employer must report your injury to its workers’ compensation insurance carrier. Reporting can be done via phone or email, with paperwork filed as required, and signed by both you and your employer. An employer refusing to report your injury can indicate potential “red flags” – most importantly that you need a workers’ compensation attorney.
2. Your Employer is Refusing to Pay.
When you are injured while performing any activity on behalf of your employer, you are entitled to workers’ compensation benefits. This includes medical care, temporary disability, permanent disability, job retraining as required, and mileage reimbursement for medical treatment. It doesn’t matter who is at fault or the reason for the accident. If you employer is refusing these benefits, you need to speak with a well-qualified workers’ compensation lawyer.
3. Your Employer Denies Your Claim.
Employers and their insurers often reject workers’ compensation claims, believing workers won’t appeal the decision. If your claim has been denied, a workers’ compensation lawyer can help you appeal and gain a fair settlement.
4. Your Employer’s Settlement Isn’t Enough.
If your settlement fails to cover your lost wages and/or medical bills, you need to have an attorney fighting for your rights and fair compensation.
5. You Did Not Receive Disability Benefits.
Similar to the reason above, there are times when your employer agrees to provide compensation for your medical care but refuses your disability benefits which cover your lost wages. If you are unable to work because of your injury, you are entitled to lost wages during your time out of work. If your are unable to work the same number of hours because of you injury, you are also entitled to lost wages. If you aren’t receiving the disability benefits to which you are entitled, a workers’ compensation lawyer can help.
6. Your Medical Issues Prevent You from Working.
If your disability is permanent – total or partial – you are probably entitled to a lump sum payment or weekly payments to cover your lost wages. Because these settlements are costly, many companies seek to avoid paying them. If your injury or illness resulted in permanent disability, call on a workers’ compensation attorney to see you get the benefits you deserve.
7. You Aren’t Sure You Are Getting the Benefits You Deserve.
Due to the complexity of the workers’ compensation system, many workers are unaware of the benefits due following a work injury or illness. If all of your medical treatments (appointments to surgery, therapy to follow-ups), temporary disability, and permanent disability aren’t being paid, a workers’ compensation attorney can guide you through the system and help you get the benefits you need.
8. You Want to Apply for Social Security Disability Benefits at some Point in the Future.
If your workers’ compensation settlement isn’t handled properly it could limit or lower potential Social Security disability payments in the future. Your workers’ compensation attorney can structure your settlement to help you avoid this scenario.
9. Your Employer Retaliates.
If your employer retaliated – fired you, cut your hours, demoted you, decreased your salary or rate, or discriminated against you – as a result of your workers’ compensation claim, you need an experienced workers’ compensation attorney to protect your rights.
10. Your Injury is a Result of Serious Misconduct on the Part of a Third Party or Your Employer.
The workers’ compensation system was created to eliminate civil lawsuits related to workplace injuries. Even so, there are circumstances which will allow you to sue, such as when a third party contributed to your injuries, your employer’s negligence causes your injury, or your employer does not carry workers’ compensation insurance. A well-qualified lawyer can explain the specifics in regard to your injury.
When You Need Assistance
When you are injured and need assistance with your workers’ compensation claim, call on the team at Benn, Haro, and Isaacs, PLLC. With offices throughout South Florida, our expert team can deliver the personalized representation you need when you have been injured on the job. Call now for your free consultation.