What Does a Workers’ Compensation Attorney Do?

Workers’ compensation is designed to protect employees who suffer job-related injuries or illnesses. Those who suffer workplace harm can see a doctor and have their care covered by their employer’s workers’ comp policy. They will also receive a portion of their lost income if they cannot work. Fort Lauderdale Workers’ Comp Lawyer help injured employees navigate this process, advocate for full benefits, and address delays or denials that could jeopardise recovery.

Unfortunately, many workers face delays, denials, or underpaid benefits. This is where a workers’ compensation attorney ensures injured employees receive the benefits they need and deserve under Florida law. 

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Understanding Florida Workers’ Compensation Laws and How These Claims Work

In Florida, most employers must carry workers’ compensation insurance. This insurance covers all workers from their first day on the job. This system provides benefits to injured and sick employees. It covers related medical expenses, a portion of their lost wages, and disability benefits. 

Unlike personal injury claims, workers’ compensation is a no-fault system. Workers do not need to prove their employer was negligent and caused their injuries to qualify for benefits. They cannot sue their employer for their injuries, and, in turn, their employer provides the insurance coverage to pay for their care and missed paychecks.

However, claims can still be denied, benefits may be underpaid, and disputes often arise. In fact, this is frequently an issue for workers with significant workplace injuries. Workers’ compensation attorneys know how the claims process works and how to navigate the appeals process. They can help injured workers fight for the benefits and payments they rightfully deserve. 

How Common Are On-the-Job Injuries in Florida?

Workplace injuries are common, especially in certain industries. Even heavily regulated industries have frequent accidents and injuries. This is more likely to occur when employers fail to uphold safety regulations or create a culture where standards violations are overlooked. 

According to the Florida Division of Workers’ Compensation’s 2022 Results & Accomplishments Report, the state receives over 3.5 million medical bill records electronically each year. In just one year, workers’ comp paid $1,597,351,189 to medical care providers who treated injured workers. 

According to the same agency’s report on the construction industry, the number of workers’ compensation claims among construction workers is steadily rising. Injured construction workers accounted for between 18.5 percent and 19.1 percent of all injured workers during one recent five-year period.

When Would an Injured Worker Need a Workers’ Compensation Lawyer?

While some workers’ compensation claims proceed smoothly, many face obstacles. A Fort Lauderdale Workers’ Comp Lawyer can help you navigate the claims process if you run into any problems getting the benefits you need and deserve.

Call a workers’ comp attorney when: 

• They deny your claim
• You receive less compensation than expected
• Your employer or insurance company delays your benefits
• You have a pre-existing condition, making your claim more complex
• Your employer retaliates against you for filing a claim
• Your employer or insurer pressure you to return to work too soon
• You are considering a lump-sum settlement

An experienced workers’ compensation attorney can help you navigate these challenges and maximize your benefits. The first thing you should do when you recognize an issue with your workers’ compensation claim is to not panic. Many issues are quickly addressed with the help of an attorney familiar with this process and these claims. There are several ways that a workers’ compensation lawyer can help, from filing paperwork and dealing with insurers to gathering medical evidence and negotiating fair settlements that reflect the full extent of your losses.

Reach out for a free consultation as soon as possible to get started. Your attorney will not charge you upfront for the work they do to get your benefits. They only get paid from the money they recover for you, whether that is through backpay on your benefits or from your lump-sum settlement.  

Workers’ Compensation Attorneys Fight Denials

Unfortunately for injured workers, claim denials are common in Florida’s workers’ compensation system. Employers and insurers may team up and argue against paying out for the employee or they could disagree on the validity of the claim. When the employer does not support a claim, it could make it more difficult to file your claim. If you’re unsure about where your case stands, learning how to check the status of a workers’ comp claim can help you stay informed and catch any delays or discrepancies early. Staying proactive with follow-ups and documentation can also support your position if you need to appeal a denial.

When the insurance company does not believe you suffered a compensable injury, they will deny the claim. You will want an attorney on your side to appeal a denial as soon as possible. They know how to navigate the process and fight for your benefits.

They may: 

• Collect evidence to support your claim, including medical records and witness statements
• Represent you in hearings as required
• Challenge unfair determinations made by insurance companies
• Present strong legal arguments to reverse the denial

Common Reasons for Claim Denials, Delays, Underpayments, or Disputes

Workers’ compensation may try to save money by denying, delaying, or disputing claims for workers with legitimate workplace injury claims.

Some common reasons they may give for this include: 

• The claim was not reported on time. Florida law requires injuries to be reported promptly, and late reports may lead to denial.
• There is insufficient medical evidence. Insurance companies may argue that insufficient medical proof links the injury to work.
• The worker has pre-existing conditions. Insurers may claim that a pre-existing condition caused the injury instead of a workplace incident.
• The injury was not work-related. Employers or insurers may argue that the injury occurred outside of work or due to unrelated activities.
• The worker failed to follow medical treatment. If an employee does not attend medical appointments or follow prescribed treatments, the insurer may try to reduce or deny benefits.
• Disputes exist over the severity of the injury. Insurance companies may downplay the extent of an injury to limit benefits.
• The employer disputes the claim. An employer may argue that the accident did not happen as reported or that the worker was at fault in some way that violates their workers’ compensation coverage. 
• There are allegations of fraud. If the claim contains inconsistencies, insurers may suspect fraud and deny benefits.
• They delay processing. Insurance companies may use administrative delays to pressure injured workers into waiting until they return to work or settling for less than they deserve.

Workers’ Compensation Lawyers Negotiate Lump Sum Settlements for Injured Workers

Sometimes, injured workers do not receive their benefits while they are hurt and out of work. Alternatively, those with long-term injuries may not want to keep drawing benefits as time passes. In these situations, you may settle.

In many cases, a settlement is the best option. A settlement can provide a lump-sum payment to end future benefits or ongoing disputes about benefits. However, a settlement is not something you want to try to handle on your own. Accepting a workers’ compensation settlement without a lawyer reviewing the offer is risky. If you’re wondering how much of a workers’ compensation settlement you’ll actually receive, keep in mind that the final amount depends on factors like medical costs, lost wages, disability ratings, and any legal fees or offsets. An attorney can help break it down and make sure you’re not settling for less than you deserve.

Insurance companies do not want to pay you everything you are owed. They want to pay as little as possible to close your case so they do not have to pay you more in the future.

This often leads to lowball offers that may sound impressive but are only a fraction of the money you deserve—and you may need far more for current and future medical care and lost income.

When you hire a workers’ compensation attorney, your legal team will:

• Determine a fair settlement range for your claim that covers all necessary medical costs and lost wages
• Evaluate the fairness of any settlement offers
• Negotiate for a higher amount if the offers are insufficient
• Explain and advise about lump sum and structured settlements, and ensure a settlement best fits your needs

Handling a Workers’ Compensation Claim Concern Is Difficult on Your Own

A workers’ compensation attorney plays a crucial role in helping injured employees get the benefits they deserve. From filing claims to fighting denials and negotiating settlements, having an experienced attorney on your side can make a difference. Injured workers often struggle financially when they do not receive proper compensation after an accident or illness. 

If you have been injured at work, working with a knowledgeable Florida workers’ compensation attorney can protect your rights and help you secure the benefits or payout you deserve. You do not have to fight for the medical care coverage and lost wage benefits that you need on your own.

You need to focus on your treatment and healing from your injuries so you can return to the workforce. You should not have to worry about your claim and deal with financial stress simultaneously. Let an attorney manage your workers’ comp fight while you recover.

How a Workers’ Compensation Lawyer Can Make Your Life Easier

When you choose to hire aFort Lauderdale Workers’ Comp Lawyer, they will ease the burden of dealing with a workplace injury. You will not have to stress over your claim, delays, denials, or other issues with it. You will just need to continue treatment and follow your doctors’ instructions until you reach maximum medical improvement. 

Throughout this process, you will benefit from having a workers’ compensation attorney on your side in many ways, including: 

• Knowledge of the Process: Workers’ compensation laws are complex, but a workplace injury attorney understands the system inside and out, ensuring you meet all deadlines and requirements.
• Managing Communication: Your lawyer will handle all communication with the insurance company, your employer, and medical providers, so you don’t have to. This decreases your stress while also protecting your rights.
• Strengthening Your Case: By gathering strong medical evidence, witness testimony, and expert opinions, your lawyer increases your chances of securing full benefits.
• Avoiding Costly Mistakes: Errors in paperwork or missing deadlines can jeopardize your claim. A lawyer ensures everything is filed correctly and on time.
• Maximizing Your Compensation: Insurers often try to pay only the lowest possible benefits. Your attorney will fight to get you the full amount you deserve based on your case facts.
• Handling Appeals and Court Hearings: If your claim is denied, your lawyer will represent you in appeals and hearings as necessary.
• Reducing Your Stress: You won’t have to worry about making endless phone calls or dealing with insurance adjusters. Your attorney takes on all tasks related to your claim so you can focus on healing.
• Peace of Mind: Knowing you have an experienced advocate on your side allows you to focus on your treatment and recovery rather than battling legal obstacles. 

Talk to Our Team About Your Workplace Injuries and Options for Free

At the Law Offices of David M. Benenfeld, P.A., we provide free consultations for injured workers in South Florida. We can assess your options and explain how a workers’ compensation lawyer from our team can help you deal with the issues you encountered with your claim. 

We are headquartered in Sunrise, Florida, but we also have offices in Fort Lauderdale and West Palm Beach. Our attorneys can also meet with clients in nearby areas, including in hospitals or rehabilitation facilities. 

Call (954) 287-3543 today to get started with a confidential consultation with our team.

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