Workers’ Comp Benefits

Experienced Workers’ Comp Benefits Attorney Helps Injured Workers Seek Appropriate Compensation for Work Injuries

When you get hurt on the job, Florida workers’ compensation benefits are available to help you seek the medical care you need and cover your expenses while you are disabled from working. Unfortunately, employers and their workers’ comp insurance carriers try to underpay claims, cut off benefits prematurely, or avoid paying benefits altogether by claiming you don’t qualify for one reason or another. At the Law Offices of David M. Benenfeld, P.A., our experienced workers’ comp benefits attorneys in Fort Lauderdale provide invaluable assistance to help injured workers understand their rights and pursue appropriate compensation for both work-related injuries and personal injury claims.

Florida workers who suffer injuries on the job often face complex legal and insurance challenges. When a workplace accident occurs, injured workers face challenges that extend beyond physical recovery. They must navigate complex workers’ compensation laws while dealing with lost wages and potential long-term employment consequences. At our work accident law firm, we guide clients through the intricacies of the workers’ compensation system, helping them seek the benefits they need and protecting their interests throughout the claims process.

So, exactly what benefits might you be eligible for after a workplace accident in Florida? Read on to learn more, and contact the Law Offices of David Benenfeld, P.A. today at (954) 677-0155(954) 677-0155 to schedule a free consultation where we’ll discuss how to pursue workers’ comp benefits after an on-the-job injury in Fort Lauderdale, Sunrise, or throughout Broward, Miami-Dade, and Palm Beach counties. If You’ve Been Hurt – We Can Help!

Key Takeaways

• Experienced workers’ comp attorneys guide injured workers through complex legal processes and benefit claims
• Workers’ compensation covers medical care, lost wages, and rehabilitation services for work-related injuries
• Injured workers may be eligible for various types of disability benefits based on injury severity
• Maximum Medical Improvement (MMI) affects benefit assessments and long-term care planning for permanent disabilities
• Prompt reporting and documentation are crucial for successful workers’ compensation claims in Florida

Types of Benefits Under Workers’ Compensation in Florida

Florida workers’ compensation benefits cover a range of essential needs for injured workers. These include medical care, lost wages, and rehabilitation services like physical therapy.

Temporary disability benefits provide financial support while workers recover from their injuries. Permanent disability benefits may be available for those with lasting impairments.

An experienced workers’ comp benefits attorney can guide clients through the process of determining eligibility and pursuing appropriate compensation:

Benefit Type	Description
Medical Care	Coverage for necessary treatment and medications
Lost Wages	Partial compensation for missed work time
Rehabilitation	Services to help workers return to work
Permanent Disability	Compensation for lasting impairments

In cases where occupational safety and health violations contributed to the injury, additional compensation may be pursued through a personal injury lawsuit. Workers should promptly report injuries and seek legal advice, from an experienced work accident lawyer. At the Law Offices of David M. Benenfeld, our law firm provides comprehensive guidance to clients seeking the full scope of damages for which they may be eligible under the law in Florida.

Eligibility for Workers’ Comp Benefits in Fort Lauderdale, Florida

Workers’ compensation eligibility in Fort Lauderdale, Florida, hinges on several factors that injured workers must understand to seek benefits. While the majority of employees in Florida are covered for occupational injuries, certain circumstances may lead to denial of claims or may otherwise complicate the process. In some cases, workers may be eligible for a separate third-party injury claim in addition to their workers’ comp benefits. This can be particularly important in situations involving severe injuries, pain, or even wrongful death claims. Understanding the nuances of eligibility, including potential exclusions for occupational diseases, and navigating the complexities of fees and claim processes, is crucial for injured workers seeking fair compensation.

Common Causes for Denial of Workers’ Comp Benefits

Workers’ compensation claims in Fort Lauderdale and Miami face denial for various reasons, often catching injured workers off guard. Construction workers, car accident victims, and employees in other industries may encounter challenges when their claims are rejected due to missed filing deadlines, disputes over the injury’s work-relatedness, or pre-existing health conditions. Some employers or their insurance companies may question the severity of injuries or argue that the worker’s own negligence caused the accident, leading to benefit denials that can leave injured individuals without crucial health insurance coverage and financial support during their recovery.

Eligibility for a Separate Third-Party Injury Claim

The option to pursue a third-party injury claim often becomes available when a party other than the employer or coworker is responsible for the injury, such as in cases of faulty equipment or negligent contractors. A skilled attorney can help injured workers navigate the complexities of pursuing both workers’ comp and third-party claims, potentially increasing the overall compensation for damages. These third-party personal injury claims may cover expenses beyond standard workers’ comp policies, including additional medical care from a chosen physician and compensation for lost income not fully addressed by payroll-based benefits.

Workers’ Compensation Medical Benefits in Fort Lauderdale, Florida

Medical benefits pay for reasonable, authorized medical care expenses, including doctor’s appointments, hospital care, prescription medicines, tests, surgery, physical therapy, prosthetics, attendant care, etc. These benefits should be paid 100% for the entire time you are accepting treatment or under medical care. Mileage reimbursement for your trips to the doctor, PT (physical therapy) or rehab, pharmacy, etc. are also included in your medical benefits. Injured workers have the right to access appropriate medical care until they reach maximum medical improvement.

Your Employer’s Insurance Company Chooses Your Doctors Under Workers’ Compensation in Florida

Unfortunately, many features of workers’ compensation in Florida favor the employer over the employee. Regarding medical care, your employer (or their insurance carrier), gets to decide which doctor you see and whether any follow-up treatment will be authorized after your initial visit.

Insurance companies and the doctors who work for them may not have your best interests at heart and would rather you access only the cheapest procedures and shortest duration of care, as opposed to more costly or lengthy treatment. If you need to see a medical specialist, for instance, this may be an area where you need an experienced Fort Lauderdale workers’ compensation lawyer working for you and fighting to see you access appropriate care.

Working with an Attorney to Seek the Medical Benefits You Need Under Workers’ Comp in Southeast Florida

The workers’ compensation system in Florida aims to provide prompt and effective medical treatment to help employees return to work. However, disputes may arise over the extent of coverage or the need for specific treatments. In such cases, injured workers may need to file an appeal to seek the medical benefits they require for full recovery.

Our experienced workers’ comp benefits attorneys in Fort Lauderdale help injured workers navigate the complexities of medical benefits. We help injured workers pursue proper medical care, including necessary medication and therapy, and assist with appeals if benefits are denied or prematurely terminated before reaching maximum medical improvement.

Types of Wage Replacement Benefits Under Workers’ Comp in Fort Lauderdale, Florida

Workers’ compensation includes paying a portion of your lost wages for a period while you are out of work. The amount and duration of these benefits depend on your injury. In general, wage replacement falls into the following categories:

• Temporary Partial Disability (TPD): If you are released to work on light duty or restricted duty but at a lower rate of pay under 80% of your regular wages, you can earn up to 104 weeks of TPD benefits.
• Temporary Total Disability (TTD): If you can’t work at all, you can be awarded two-thirds of your average weekly wage for up to 104 weeks. The amount of your potential TTD benefit is subject to state minimum and maximum amounts per week, and these change each year. In some cases of severe injury, workers can collect 80% of their wages for six months.
• Permanent Total Disability (PTD): If your injury is such that you cannot return to work, you can be awarded PTD benefits indefinitely or until your condition improves enough for you to go back to work.
• Impairment Income: If you’ve reached a stage the doctors call “maximum medical improvement” and you still have a disability, you can be awarded a weekly payment for a set number of weeks. The amount and duration of this benefit are determined according to your disability rating.

In Fort Lauderdale and throughout South Florida, injured workers navigating the workers’ compensation system may pursue various types of wage replacement benefits, depending on the nature and severity of their injuries. From temporary partial disability for conditions like carpal tunnel syndrome to permanent total disability for catastrophic injuries sustained in job-related truck accidents, these benefits aim to alleviate the financial stress and expense of being unable to work.

Understanding the different categories of disability benefits and the concept of Maximum Medical Improvement (MMI) is crucial for injured workers seeking fair compensation. The experienced workers’ comp benefits attorney at the Law Offices of David M. Benenfeld, P.A. in Fort Lauderdale can guide you through the complexities of these benefits, helping you seek appropriate support during your recovery and beyond.

Temporary Partial Disability

Temporary Partial Disability benefits support workers who can return to modified duties but earn less than their pre-injury wages. This type of compensation helps bridge the gap between reduced earnings and regular pay, easing the financial strain on injured employees. While similar to unemployment benefits, these payments specifically address work-related injuries. In some cases, vocational rehabilitation may complement Temporary Partial Disability benefits to help workers regain their full earning potential.

Temporary Total Disability

Temporary Total Disability (TTD) benefits provide crucial financial support for workers who are completely unable to work due to severe injuries such as spinal cord damage or amputation. These payments, typically two-thirds of the worker’s average weekly wage, continue until a judge determines the employee has reached maximum medical improvement or can return to work.

TTD benefits help injured workers focus on recovery without the added stress of lost income:

• Covers severe injuries preventing any work
• Provides two-thirds of average weekly wage
• Continues until maximum medical improvement
• Applies to various accident types, including motorcycle crashes
• Allows workers to focus on recovery

Permanent Total Disability

Permanent Total Disability benefits provide long-term support for workers who suffer catastrophic injuries that prevent them from returning to any form of gainful employment. These benefits, often a concern for truck drivers and other high-risk occupations, typically continue for life and may be subject to specific tax considerations. Workers seeking information about Permanent Total Disability often have questions about how these benefits interact with unemployment and other forms of assistance, making it crucial to consult an experienced workers’ comp benefits attorney in Fort Lauderdale for accurate guidance.

Understanding Maximum Medical Improvement (MMI)

Maximum Medical Improvement (MMI) plays a crucial role in Florida workers’ compensation cases, marking the point at which an injured worker’s condition has stabilized and further improvement is unlikely. Our workers’ comp attorneys in Fort Lauderdale help clients understand how MMI affects their benefits, as insurance companies often use this milestone to reassess compensation.

Reaching MMI doesn’t necessarily mean full recovery from injuries; rather, it signifies the end of active medical treatment and the beginning of long-term care planning for permanent disabilities.

How Does a Successful Claim for Workers’ Comp Benefits Affect My Employment in Florida?

Filing a successful workers’ comp claim in Florida can have various implications for an injured employee’s job status and future employment prospects. While the state’s workers’ compensation statute protects employees from retaliation for filing a claim, questions often arise about who bears the financial burden of these benefits and whether an injured worker can return to their previous position after recovery.

This can vary by case, and may hinge on the strength of your claim and the timing of your settlement, so it is important to discuss your questions and concerns regarding impact on your employment with your workers’ compensation attorney. Understanding how workman’s comp claims impact employment is crucial for injured workers seeking to protect their rights and also pursue their professional future.

Does My Employer Pay For Workers’ Comp Benefits?

In Florida, employers typically do not directly pay for workers’ comp benefits. Instead, the majority of companies purchase workers’ comp insurance policies from private insurance carriers or state-approved worker’s comp companies. These policies cover the costs of benefits for injured employees. Self-employed individuals may need to pursue worker’s comp for self-employed options to access proper coverage. Experienced workers’ comp attorneys can help injured workers navigate the complexities of these policies and help them pursue appropriate benefits, regardless of their employer’s specific insurance arrangement.

Entity	Role in Workers’ Comp
Employer	Purchases insurance policy
Insurance Carrier	Provides coverage and pays benefits
Injured Worker	Files claim in pursuit of benefits
Attorney	Assists with claim process and disputes

What Do I Need To Do To Pursue Workers’ Comp Benefits Following a Workplace Injury in Fort Lauderdale, Florida?

Following a workplace injury in Fort Lauderdale, Florida, injured workers must take prompt action to pursue workers’ comp benefits. A work accident victim should immediately report the incident to their employer, seek medical attention, and document all details related to the injury, including any potential brain trauma or catastrophic injury effects. An experienced workers’ comp benefits attorney can serve as a knowledgeable advocate, guiding clients through the complex workers comp claims process.

Injured workers must file a claim with their employer’s workers’ compensation insurance carrier within the specified timeframe. This step initiates the process of seeking cash benefits and medical coverage. Failing to meet deadlines or provide accurate information may jeopardize the claim, making it crucial to seek legal assistance early in the process.

An experienced work accident attorney can help injured workers gather necessary evidence, communicate with insurance adjusters, and navigate potential disputes. Skilled workers’ comp attorneys work to make sure clients understand their rights and options, including the possibility of appealing denied claims or negotiating settlements to pursue the benefits they need. With proper legal representation, injured workers can focus on recovery while their committed legal advocate handles the complexities of the workers’ compensation system.

How Our Fort Lauderdale Workers’ Comp Attorneys Can Help You Seek the Benefits You Need to Compensate You For Your Work Injuries in Florida

Our Fort Lauderdale workers’ compensation lawyers at the Law Offices of David M. Benenfeld, P.A. fight hard to pursue appropriate compensation for work-related injuries through a workers’ comp claim, including seeking coverage for health care expenses and lost wages. We can also guide workers through the process of applying for Supplemental Security Income (SSI) or Medicare if their injuries lead to long-term disability. We operate on a contingency-fee basis, meaning we are only paid if our clients are paid. We also make our legal guidance accessible by providing free consultations to assess injured workers’ unique cases, providing tailored legal strategies so work accident victims in the Fort Lauderdale area know the right next steps to seek recovery.

Our experienced attorneys understand the nuances of Florida’s workers’ compensation laws and can help you avoid common pitfalls in the claims process. We help injured workers seek proper medical treatment and fight for their rights when insurance companies attempt to deny or limit benefits.

Our skilled Florida workers’ comp lawyers draw on broad knowledge to build strong cases for clients by addressing the following client needs:

• Assessing the full extent of work-related injuries
• Navigating complex paperwork and deadlines
• Negotiating with insurance companies
• Representing clients in hearings or appeals
• Exploring additional compensation options beyond workers’ comp

In cases involving property damage or third-party liability, we can explore additional potential avenues for compensation. We know you need comprehensive support, addressing both immediate needs and the long-term consequences of workplace accidents. Let’s start with a free evaluation of your case. Focus on recovery while we seek the benefits you need.

Schedule a Free Consultation with the Law Offices of David M. Benenfeld, P.A. in Fort Lauderdale, Florida

Employers and their insurance carriers in Florida don’t make it easy to seek workers’ comp. If they are denying your benefits, terminating them prematurely, or offering a lump sum to settle your claim for less than it’s worth, you need an experienced workers’ compensation lawyer on your side who knows the law and will help you pursue the full benefits you need.

At the Law Offices of David M. Benenfeld, P.A., we help injured workers in Fort Lauderdale pursue a workers’ compensation claim for lost wages, potential long-term disabilities, and necessary medical care. We can also explore additional avenues for compensation when applicable. We’ll help you focus on recovery while seeking the benefits you need during a challenging time.

Schedule a free consultation with the Law Offices of David M. Benenfeld, P.A. to discuss your workers’ compensation claim by calling (954) 677-0155(954) 677-0155 or filling out our online form. We guide injured workers through the claims process, properly filing necessary documentation ahead of deadlines. During your free consultation, we will review the details of the work-related injury and explain the options available under Florida’s workers’ compensation system. We have offices to serve you in Sunrise, Fort Lauderdale, and West Palm Beach.

If You’ve Been Hurt – We Can Help!