Workers’ Compensation Attorney

We Help Injured Workers File Workers’ Compensation Claims in Pursuit of The Workers’ Comp Benefits They Need in Fort Lauderdale, Florida

Workers injured on the job in Fort Lauderdale, Florida, often face challenges navigating the complex workers’ compensation system. Going to work for someone else every day is hard enough without having to worry about the risk of an injury. Accidents do happen often on the job, though. In fact, they happen with all kinds of jobs right here in Fort Lauderdale, Florida — from grueling physical labor at an outdoor construction site to clerical work in a tidy office or cozy cubicle (and everywhere in between). A skilled workers’ compensation lawyer can help injured employees understand their rights and pursue the benefits they need. If you have been injured on the job, contact our experienced Fort Lauderdale workers’ compensation attorneys at the Law Offices of David M. Benenfeld, P.A. for a free initial consultation so we can guide you in pursuit of the benefits you need.

In Florida, workers who suffer work-related injuries are usually eligible for financial benefits for the time they miss from work. This monetary relief is intended to help you recuperate, make up for time you miss from work, and reimburse you for certain losses. It is important to seek legal advice from an experienced Fort Lauderdale workers’ compensation lawyer. From dealing with insurance companies to pursuing proper medical care, an experienced workers’ compensation attorney guides clients through every step of the claims process.

Every case is different, so the extent of the benefits can vary, but as a general rule, if you’ve been hurt on the job, you should know that you have rights. Protecting those rights isn’t always as easy as it should be. In a perfect world, employers and their insurance companies would simply give you the compensation and medical care you need as soon as an accident happens.

For that matter, in a perfect world, those same employers would work a lot harder to make sure accidents don’t happen in the first place. But in reality, employers aren’t always careful, insurers don’t always treat claims fairly, and the Florida Workers’ Compensation system doesn’t always work the way it should.

In fact, insurance companies tend to take advantage of injured workers who may not be familiar with workers’ comp rules. The employee might not even realize it’s happening. For example, the insurance adjusters make a settlement offer, insist it’s fair, and because many employees assume workers’ comp is a “done deal,” they might blindly accept whatever dollar amount the employer and its insurer offer. If you have been hurt on the job, the highly skilled Fort Lauderdale workers’ comp attorneys, at the Law Offices of David M. Benenfeld, P.A. can help you find out what would be a fair compensation for your case.

While it is true that most Florida employers are legally required to carry workers’ compensation, and that most work-related accidents must be handled through that system, it’s important to never lose sight of the fact that workers’ comp insurance is still insurance — and insurance companies look out for their own bottom line, not yours.

The Law Offices of David M. Benenfeld, P.A. stands ready to assist injured workers in Fort Lauderdale, Florida with their workers’ compensation claims. When an employment-related accident or personal injury disrupts a worker’s life, we guide clients through the complex legal process. We help injured employees seek the wage replacement benefits and medical care they need to recover and move forward. By leveraging a deep understanding of Florida’s workers’ compensation law, we work tirelessly to protect our clients’ rights and seek fair compensation for workplace injuries. Schedule a free consultation today at (954) 677-0155(954) 677-0155 or fill out our online form. During your free case evaluation, we’ll address the details of your unique case and plan your legal strategy to protect your claim and seek the workers’ comp benefits you need. If You’ve Been Hurt – We Can Help!

Our Fort Lauderdale Workers’ Comp Attorneys are Ready To Fight For You

You work too hard to allow others to take advantage of you following a work accident. There’s nothing more unfair than paying out-of-pocket for an injury you suffered while making someone else money. An experienced, aggressive Fort Lauderdale workers’ compensation lawyer can fight to maximize your compensation and demand that your employer, and their insurance company, pay you every penny that you need, but every case is unique and dependent upon the injuries, evidence, and compliance with the appropriate process for claims. We can assess your case and guide you in your claim.

There’s a lot to know about workers’ comp, and we can only scratch the surface here. In the sections that follow, our Fort Lauderdale workers’ compensation attorneys will explain the steps our office can take to help your case, and we’ll also answer some common questions about workers’ comp in Ft. Lauderdale.

Key Takeaways

• The Law Offices of David M. Benenfeld, P.A. helps injured workers in Fort Lauderdale with workers’ compensation claims
• Workers’ compensation covers medical expenses and lost wages
• Injured workers should report accidents immediately and seek prompt medical attention to protect their rights
• The statute of limitations for filing workers’ compensation claims in Florida is typically two years
• Injured workers in Fort Lauderdale may have a third-party injury claim in addition to a workers’ comp claim
• The Law Offices of David M. Benenfeld, P.A. offers free consultations to review workplace accidents and explain legal options for injured workers in Fort Lauderdale, Florida

What Are Some Common Workers’ Compensation Injuries In Fort Lauderdale?

Depending on the nature of your job, you might suffer virtually any kind of accident or injury while working. Some workplace injuries are directly related to the victim’s job duties: a mechanic injured by a machine, for example. Others are more unexpected, such as a secretary who is injured in a car accident while running an errand for the boss.

The following are some especially common workers’ compensation injuries in Fort Lauderdale and South Florida:

• Car accidents or other motor vehicle accidents during work
• Truck accidents in the course of employment
• Slips, trips, and falls at work
• Catastrophic injury
• Amputation injury
• Construction accidents
• Demolition accidents
• Building collapse accidents
• Brain injury
• Back injury
• Spinal cord injury
• Neck Injury
• Hand Injury
• Foot Injury
• Head Injury
• Shoulder and knee injury
• Crane accidents
• Falls from heights
• Scaffold & ladder accidents
• Injured by falling equipment or other objects
• Machinery accidents (may involve product liability)
• Muscle strain / soft tissue damage
• Bone fracture
• Heavy equipment accidents
• Other warehouse accidents
• Repetitive strain injuries
• Burns or explosions
• Electrocution
• Noise exposure (hearing loss)
• Walking into objects
• Loss of limb (Amputations)
• Cuts or lacerations
• Assault, fights breaking out at work, workplace violence, etc.

Workers in Fort Lauderdale, Florida, face various risks of injury in the workplace, but some especially common workers’ comp injuries include back strains, slip and falls, and repetitive motion injuries. These incidents often require extensive medical treatment and therapy to help employees recover and return to work.

Construction sites and industrial facilities present heightened dangers, leading to more severe work accidents such as falls from heights, equipment-related injuries, and crush incidents. In some cases, these workplace injuries may lead to permanent disabilities to a construction worker, necessitating disability benefits and long-term care, and potentially leading to a lawsuit against negligent parties. Our South Florida workmen’s comp attorneys can assess the full scope of damages that you may be able to claim in your case.

Under Florida Law, What Kind Of Compensation Can An Injured Employee Claim Through Workers’ Comp in Fort Lauderdale?

In Fort Lauderdale, injured workers can claim various types of compensation through the workers’ compensation system. A Fort Lauderdale workers’ compensation attorney can help employees navigate the complex process of filing claims for workplace injuries.

In Florida, workers’ compensation can cover many different things, including:

• Medical treatment (as authorized)
• Vocational rehabilitation (see below)
• Mileage reimbursement (for driving to the doctor, medical care centers, etc.)
• Lost wages
• Funeral costs (in the event of wrongful death)
• Death benefits (in the event of wrongful death)

Note that these benefits have some limitations. If a claim is denied, a Fort Lauderdale workers’ comp lawyer can assist with the appeal process to help seek the compensation an injured worker needs.

How Workers’ Comp Is Supposed To Work Vs. How It Actually Works

The Florida Workers’ Compensation system was established in the hopes of making it easier for injured workers to seek the compensation they need (and to make the claims process more efficient for employers too). The idea was for a “self-executing system” that would be less expensive, less time-consuming, and less litigious than the typical personal injury claims process.

Unfortunately, workers’ comp claims are far from “self-executing” in reality. When you suffer an injury in connection with your job, you must submit a claim to your employer, which carries insurance to pay for workplace injuries. It is the insurer, then, who appraises your claim and decides how much it’s worth.

The problem in this model is that employers and insurance companies protect their own interests, so accident victims end up hiring lawyers anyway, thus defeating the whole purpose of workers’ compensation in the first place.

The process is slow, mired in red tape, and usually leads to the insurer giving you the runaround. They may require you to submit to a medical exam by a doctor, which sounds reasonable, but the doctors almost always work for the insurance company. These doctors may habitually downplay injuries or recommend palliative care, which allows the insurer to avoid acknowledging the care that you really need.

At The Law Offices of David M. Benenfeld P.A., we know the insurance industry’s tricks and tactics. In many cases, we know the companies themselves: their adjusters, their lawyers, and their doctors. And often, they know us — and our reputation as an aggressive Fort Lauderdale workers’ compensation law firm.

Accordingly, we find that insurers tend to negotiate more reasonably when we’re involved. Additionally, studies show that injury victims who are represented by experienced lawyers tend to recover more than those who go it alone. Our South Florida workman’s comp lawyers offer free consultations and work on a contingency fee basis to make sure injured workers pursue the compensation for which they may be eligible under the law following an occupational injury.

What To Expect During the Workers’ Compensation Process in Florida

The workers’ compensation process in Florida begins when an employee reports an occupational injury to their employer. The employer must then notify their insurance carrier, who will investigate the claim and determine whether to approve or deny benefits. If a claim is denied, a work accident victim can work with a Fort Lauderdale workers’ comp lawyer to pursue an appeal. This system operates on a no-fault basis, meaning workers can seek benefits regardless of negligence.

Upon approval, injured workers in Fort Lauderdale can access medical treatment and wage replacement benefits. The state’s workers’ compensation laws aim to make sure that employees can access necessary care and financial support during their recovery as they seek to achieve maximum medical improvement (MMI). In cases of severe injuries or wrongful death claims, family members may be eligible for additional benefits.

Evaluating Your Workers’ Comp Case in Fort Lauderdale

Evaluating a workers’ compensation case in Fort Lauderdale requires careful consideration of various factors. Our skilled attorneys can assess the strength of a claim without charging an upfront fee during a free consultation. We examine the circumstances of the workplace accident, determining the parties involved and the strength of the evidence to prove the injuries to be claimed.

The evaluation process also considers the injured worker’s medical status and income. Attorneys review medical records to determine if the employee has reached maximum medical improvement. This assessment helps gauge the potential long-term impact on the worker’s earning capacity.

A thorough case evaluation provides injured workers with a clear understanding of their options and potential outcomes. An experienced Fort Lauderdale workers’ compensation lawyer can outline the following steps in the claims process:

• Gathering and reviewing medical documentation
• Assessing the impact on the worker’s income and future earning potential
• Determining the appropriate benefits to pursue
• Preparing and filing the workers’ compensation claim
• Representing the worker in negotiations or hearings if necessary

What To Do Following a Workplace Injury in Fort Lauderdale, Florida

Following a workplace injury in Fort Lauderdale or the general South Florida region surrounding Miami, employees must act quickly to protect their rights and minimize risk. An injured worker should report the incident to their employer immediately, regardless of the severity. This prompt action encourages proper documentation and initiates the workers’ compensation process.

Injured workers should seek medical attention promptly, even for what may innitially appear to be minor injuries like carpal tunnel syndrome. However, workers should be aware that their choice of healthcare provider may be limited by their employer’s workers’ compensation policy.

In cases of catastrophic injury such as a head injury involving traumatic brain injury, a spinal cord injury, an accident leading to amputation, or a severe burn, employees may need to consider additional options beyond workers’ compensation, such as social security disability benefits. Consulting a Fort Lauderdale workers’ compensation attorney can help injured workers navigate these complex processes. An experienced lawyer can guide them through the following steps:

• Document the accident and injury details
• File a workers’ compensation claim
• Gather medical records and evidence
• Communicate with the employer and insurance company
• Appeal denied claims if necessary
• Explore additional compensation options when applicable

Proving Your Fort Lauderdale Workers’ Comp Case

Proving a workers’ compensation case in Fort Lauderdale requires thorough documentation and evidence. Injured workers must demonstrate that their injury or illness occurred during the course of their employment, even if it occurred due to overtime work or a vehicle accident while on the job. Medical records, witness statements, and accident reports play crucial roles in establishing the validity of a claim.

The burden of proof lies with the injured worker to show the extent of their injuries and how they impact their ability to work. This may include evidence of physical strain, mental health issues, or chronic pain due to the workplace incident. It is essential to document all symptoms and limitations to seek the appropriate scope of benefits. Our workman’s compensation lawyers can guide you through the appropriate steps.

How Can I Prove I Was Injured On The Job In Fort Lauderdale?

Before you can access benefits through workers’ compensation in Florida, you must first be able to prove that your injury or illness arose in the course of your employment. That’s easier to do in some cases than others. (As explained earlier, the connection isn’t always obvious, but that doesn’t mean it isn’t legitimate.)

Often, one of the especially contentious areas of debate in a workers’ compensation claim is the question of whether the injury happened in the course and scope of employment. The insurance companies will try to argue that the accident was unrelated to work (and that you’re therefore on your own).

Fortunately, you don’t have to make your case on your own. A skilled and proven Fort Lauderdale workers’ comp attorney can use evidence, legal precedent, and negotiation skill to demonstrate a clear and compelling connection between your accident and your job. Your lawyer can work with medical experts to establish the connection between the work-related incident and the health condition. This proves invaluable when facing challenges from employers or insurance companies who may attempt to minimize or deny rightful compensation.

How Long Does A Workers’ Comp Claim Take To Resolve in Fort Lauderdale?

The duration of a workers’ compensation claim in Fort Lauderdale varies depending on the complexity of the case. Simple claims, such as those involving minor injuries, may resolve within a few weeks. More complex cases, especially those involving premises liability or severe injuries like spinal cord damage, can take several months or even years to reach a resolution.

There is no one-size-fits-all answer to how long a workers’ comp case might take. Our firm has settled some of these cases in under a week. Others have taken as long as a year and a half (though that is less common). The amount of time required depends on many factors and questions, including:

• The nature and severity of your injury
• How long it takes you to heal and completely recover
• Whether you have medical complications, will require surgery, etc.
• How many doctors do you need to see?
• How cooperative is the insurance company?

At The Law Offices of David M. Benenfeld P.A., our first concern is connecting you to the medical attention you need to get better. We care about you and want to see you get well. From there, our focus is entirely on pursuing the full value of financial compensation for which you may be eligible under the law.

On average, our workers’ compensation cases (without surgery) resolve within 6 to 8 months. We work with the insurance company’s lawyers to seek the money you need throughout that period so that you can continue to support yourself and pay your bills. Every case is different, and there are never specific timelines or guaranteed resolutions. However, when you schedule an appointment with our Fort Lauderdale office, we can take a closer look at your specific situation and give you a better sense of a probable timeline and an estimated value for your claim.

The evaluation process plays a crucial role in determining the timeline of a workers’ compensation claim. Medical assessments can extend the process as doctors work to establish the full extent of injuries and their impact on the worker’s ability to return to work. Insurance companies often require thorough documentation and may dispute certain aspects of the claim, further prolonging the process.

Legal representation can significantly influence the duration and resolution of a workers’ compensation claim in Fort Lauderdale. An experienced attorney can help an injury victim navigate the complex legal system, promptly and accurately filing necessary documentation. A skilled workers’ comp lawyer can also advocate for the injured worker during negotiations or hearings, potentially expediting the resolution process to seek fair compensation.

Is There A Time Limit For Filing A Workers’ Comp Claim In Florida?

There are important deadlines involved in pursuing a workers’ comp claim in Fort Lauderdale, Florida. In particular, there are two time-limits you need to pay close attention to:

• In the majority of cases, you need to provide your employer with written notice of your work-related illness injury within 30 days. The clock starts ticking when the accident happens (or on the date when you discover the illness or injury).
• Additionally, you have only two years to file a claim for workers’ compensation benefits and/or within one year from the date of your last authorized medical care. Your workers’ comp attorney can guide you regarding the deadlines that pertain to your unique case.

Calculating those timelines can become complicated. Consider carpal tunnel syndrome, for example, which develops slowly over time. When does the two-year period begin? The insurer will usually argue it begins the first time you went to see a doctor, or even when you “should have” figured out you were suffering from carpal tunnel – but that isn’t necessarily fair.

An experienced Fort Lauderdale workplace injury firm can be very helpful in establishing a reasonable timeline and complying with filing deadlines.

The Statute of Limitations for a Workers’ Comp Claim in Fort Lauderdale, Florida

In Fort Lauderdale, Florida, injured workers must adhere to strict time limits when filing workers’ compensation claims. The statute of limitations for these cases typically allows two years from the date of injury to file a claim and/or one year from the date of the last authorized medical treatment whichever is greater. However, workers should seek immediate medical attention for any injury, even if it seems minor, as delays can complicate the claims process.

Workers who experience gradual injuries, such as repetitive stress or bone disorders, face different challenges in meeting the statute of limitations. In these cases, the clock may start ticking from the date the worker first became aware of the condition’s connection to their job. An experienced Fort Lauderdale workers’ compensation attorney can help determine the appropriate filing deadline and pursue timely submission of the necessary documentation.

If a dispute arises regarding a workers’ compensation claim, the case may proceed to mediation or a hearing before a judge. During these proceedings, a skilled advocate can present compelling evidence and arguments to support the injured worker’s case. The attorney’s role becomes crucial in navigating the complex legal system and protecting the worker’s rights throughout the process:

• Gathering and organizing medical records and expert witness testimonies
• Negotiating with insurance companies on behalf of the injured worker
• Preparing and present the case at mediation or before a judge
• Seeking compliance with all filing deadlines and legal requirements
• Appealing unfavorable decisions when necessary

This underscores the importance of promptly contacting an experienced South Florida workman’s compensation lawyer following an occupational injury.

You May Be Able to Also Pursue a Separate Third-Party Personal Injury Claim in Addition to a Florida Workers’ Compensation Claim in Order to Pursue More Compensation

Injured workers in Fort Lauderdale, Florida, may have the option to pursue a third-party personal injury claim alongside your workers’ compensation case. This additional legal avenue can potentially provide compensation for additional damages. For example, a truck driver injured by a negligent motorist while on the job could file a personal injury lawsuit against the at-fault driver, in addition to their workers’ compensation claim.

In cases involving severe injuries that require surgery or lead to brain damage, a third-party claim can help cover long-term medical expenses and lost wages. Hospital bills, medicine, physical therapy, and ongoing health care treatment costs can quickly exceed workers’ compensation benefits, making a personal injury lawsuit a crucial option for financial recovery while pursuing your health care interests on the way to maximum medical improvement (MMI) and beyond. This dual approach to seeking compensation can be particularly beneficial, as workers often face significant stress and financial strain due to their injuries.

An experienced workers’ compensation attorney in Fort Lauderdale can assess the circumstances of a workplace accident to determine if a third-party claim is viable. Our work accident lawyers guide injured workers through the complex legal process, exploring the potential avenues for compensation. By pursuing both workers’ compensation and a personal injury claim when applicable, injured workers can seek to maximize their compensation for their losses under the law.

Should I File A Regular Personal Injury Lawsuit, Or Am I Stuck With Workers’ Comp?

In some cases victims can file a traditional personal injury lawsuit, either in lieu of or in addition to the workers’ comp claim. The lawsuit might be filed against the employer, a third party, or both.

Whether a third-party personal injury lawsuit is an option in your case will depend on the specific circumstances and facts. If it is, the suit might provide far more substantial relief than workers’ compensation benefits would on their own. A third-party claim requires proof of negligence to demonstrate legal liability for damages. We can take a closer look at your situation during your free consultation and help you determine if you have a third-party injury claim.

I’m a Low-wage Employee In The Fort Lauderdale Area. Can I Afford A Lawyer?

Your injury may have already put you in a financially difficult situation. It’s only natural that you might worry about the cost of hiring a Fort Lauderdale workers’ comp lawyer.

At The Law Offices of David M. Benenfeld P.A., we represent injured workers on a contingency fee basis. That means our fee is only a percentage of what you recover. You don’t have to pay anything up front or out-of-pocket. If we aren’t able to secure money for you, then you don’t have to pay us anything at all.

We also offer free consultations for personal injury and workers’ comp cases, which means your  first meeting is free.

Consultation Step	Purpose
Case Review	Examine accident details and medical records
Legal Options	Explain workers’ compensation benefits and potential third-party claims
Strategy Planning	Develop a tailored approach to pursue fair compensation

 

In our office, everyone can afford an attorney. You need to have a strong and effective legal advocate on your side after an occupational injury. You can hire an experienced Fort Lauderdale Workers’ Comp Attorney without having to worry about legal fees.

How Our Experienced Fort Lauderdale Workers’ Compensation Attorneys at the Law Offices of David M. Benenfeld Can Help

The experienced Fort Lauderdale workers’ compensation attorneys at our law firm can provide valuable assistance to injured workers seeking benefits following an accident at work, offering crucial information about the workers’ comp claims process and helping clients throughout every step of their case. Injured workers need to navigate complex legal procedures and file necessary documentation correctly and on time, and a skilled workers’ comp attorney serves as an invaluable guide when approaching these important crossroads in one’s life and career.

Workers’ compensation lawyers can also help clients who have suffered severe injuries by directing them to seek appropriate medical care in addition to fair compensation for their injuries. This can affect an injured worker’s path towards achieving maximum medical improvement while providing documentation and fulfilling various steps in pursuit of claims for workers’ compensation benefits.

Our experienced workers’ compensation attorneys can identify potential third-party claims that may arise from workplace accidents and guide clients on pursuing additional compensation through personal injury lawsuits when appropriate, further seeking to maximize the overall recovery for injured workers. This comprehensive approach helps our clients pursue the full range of benefits and compensation they need. By working on a contingency fee basis and offering free consultations, our experienced and skilled workers’ comp attorneys at the Law Offices of David M. Benenfeld, P.A. provide a great deal of aid for workplace injury victims during a very challenging time.

Schedule a Free Consultation with the Law Offices of David M. Benenfeld, P.A. to Discuss Your Workers’ Compensation Claim and Plan Your Legal Strategy Following a Workplace Injury in Fort Lauderdale

If you have been injured in a work-related accident, the Law Offices of David M. Benenfeld, P.A. can help. You can count on us for honest, helpful feedback. If it turns out you’re already being treated fairly by your insurer, we will tell you that. If you aren’t being treated fairly, we will do everything we can to seek true and meaningful financial justice for you. We offer this initial assessment of your case at no cost to you.

The Law Offices of David M. Benenfeld, P.A. operates on a contingency fee basis for workers’ compensation cases, meaning our clients do not make any upfront payment for our legal services. Our firm is only paid if we successfully secure compensation for the injured worker, which further aligns our interests with those of our clients.

We start with a free consultation to injured workers seeking guidance on their workers’ compensation claims. Our Fort Lauderdale workers’ compensation lawyers are open to you, but appointments are required, so please contact the Law Offices of David M. Benenfeld right away. Contact us today by calling (954) 677-0155(954) 677-0155 and ask for the answers you need, or fill out our online form. During your free consultation, we will review the details surrounding your workplace accident. We will consider potential legal strategies and explain the Florida workers’ comp claims process. We have offices to serve you in Sunrise, Fort Lauderdale, and West Palm Beach.

If You’ve Been Hurt – We Can Help!