Experienced Sunrise Workers’ Compensation Lawyer
Serving West Palm Beach and Ft. Lauderdale Areas
Have you suffered an injury on the job? If so, you are likely entitled to workers’ compensation benefits. Workers’ compensation benefits were created for employees who are either injured at work during the course of their employment or who develop certain illnesses as a direct result of their job. Claims can arise from events like falling from a significant height, falling objects, accidents involving work vehicles, chemical and/or fire burns, repetitive motion injuries, slip and falls, occupational diseases, and more. Consult with an experienced Sunrise workers’ compensation lawyer to find out how you can get the help you deserve.
Florida law mandates that workers’ compensation insurance be in place for businesses. And if you are injured on the job, its purpose is to protect you and provide for you and your family while you recuperate after an injury. Sometimes, injuries can be very serious, perhaps more serious than the worker even realizes at the moment they occur. Various treatment options include visits to specialists, prescriptions, physical therapy, and surgery. And all treatment options have costs that can add up to a significant amount of money. This is not a financial burden that you should bear alone.
Depending upon your unique situation, workers’ compensation benefits can include payment for your medical bills, replacement of your wages during the time you are unable to work as a result of your injury, and in certain particularly unfortunate cases, death benefits as well. Sadly, many workers are unaware of this and, unfortunately, do not get the compensation they deserve. If one of these situations has happened to you, you’ll need to be timely in filing a claim and in seeking the services of an attorney who can help you do so. Our savvy, committed Sunrise workers’ compensation attorney can help you determine which benefits you may be entitled to and can fight on your behalf to make certain that you receive them.
Filing for compensation can be a complex and lengthy process that can be difficult to navigate alone. Each work-related injury is unique and has its own set of circumstances that can affect the claims process. Workers’ compensation is an insurance program. And just as with any insurance program, the payment process is often administered by adjusters who may seek to reduce or deny benefits. Our Sunrise workers’ compensation lawyer has the knowledge to understand the claims process as well as the tactics that employers or insurers may attempt to use to reduce or deny your claim.
Often, questions can also arise about the nature or the circumstances of the injury or even its location. Sometimes, injuries don’t occur at once but are the result of repeated, work-related trauma. Other times, injuries may occur off of the primary job-site (for example, if you were injured while traveling to fulfill job-related duties). In these sorts of situations, you may be eligible to receive workers’ compensation without even realizing it.
Because of these potential difficulties in navigating the claims process, it is important to have an attorney on your side who is skilled in navigating this particular legal maze. A work injury may not always be as straightforward as it first appears. There are certain exceptions and limitations to benefits that are important to understand thoroughly. Having a skilled Sunrise workers’ compensation attorney in your corner can help you to feel reassured and confident as you move along in this process.
Our proven Sunrise workers’ compensation lawyer David M. Benenfeld, P.A, will discuss the details of your case with you, determine what compensation you are due, and fight for your rights. Your rights are important to us, and because of that, we will work with you throughout each step of the processes. We consider it our responsibility to keep you informed about your case each step of the way. Our office has years of successful experience in helping injured workers get the compensation that they need and should receive as a result of their injuries, as well as lump sum settlements. Contact our offices today to discuss your case and learn how we can help you, too.
We have vast experience with other personal injury cases as well. Please call us today. We would love to discuss your case and to tell you what we can do to help. At The Law Offices of David M. Benenfeld P.A, we are here to stand by you and to help you as you attempt to receive the benefits you rightfully deserve. We look forward to speaking with you about your case soon.
Businesses and Insurance Companies We Have Fought Against:
- An Overview Of Workers’ Compensation
- What Differentiates You From Other Workers’ Compensation Attorneys?
- Can You Provide Examples Of Cases In Which You’ve Prevailed?
- What Are The Investments An Attorney Makes In A Workers’ Compensation Case?
- Do Insurance Carriers React Differently In Different Cases?
- How Long Does It Take To Resolve These Cases?
- What Misconceptions Do People Have About The Workers’ Compensation Process?
- What Are The Elements Required For A Viable Workers’ Compensation Claim?
- Must You Be An Employee Or Contractor Of A Company To Receive Workers’ Compensation?
Workers’ Compensation FAQ
I suffered an eye injury as a result of welders flash. Can I collect workers' compensation benefits?
Eye injuries that occur in the workplace should be eligible to receive workers’ compensation benefits in Florida. Eye injuries are serious, especially injuries that result from radiation burns. This is because the eye can suffer damage as well as damage can occur to the surrounding tissues. When a welder’s flash occurs (essentially a burn to the eye), the cornea can be damaged – causing changes in vision or loss of vision.
Because workers need their eyes to function on the job, any type of vision change or partial or total loss of vision can affect an injured worker’s ability to work and make a living. Sadly, losing one’s vision can be terrifying and debilitating, and you shouldn’t have to suffer financially as well.
At the Law Offices of David Benenfeld, you can get your questions answered and discuss your case in greater detail in a free, no-obligation consultation. We can help you understand your workers’ compensation rights or help you pursue a third-party claim if someone other than your employer was responsible for your eye injury on the job. Please call for a free initial consultation today at (954) 677-0155.
Are radiation claims handled in the same way as other workers' comp claims?
Often times the handling of a radiation injury claim starts out differently than a normal occupational injury. This is because the workers’ comp administration has victims with radiation claims list their injuries on the occupational disease form and not on the occupational injury form. This means radiation injury claims are viewed as occupational diseases and not traumatic injuries.
In order to receive benefits for an occupational disease, workers have to prove a few things:
- The occupational disease has to be confirmed by medical testing.
- The occupational disease must be associated with the victim’s occupation.
- The cause of the occupational disease must be supported by showing radiation is or was present at the workplace.
Most radiation claims are handled just like any other work-related injury. But whether a radiation injury claim is looked at as an occupational injury or an occupational disease claim, injured workers need to know they have rights to medical care and partial or total wage loss. Also, radiation victims are entitled to disfigurement and permanent disability, if applicable.
To learn more about pursuing a radiation injury claim and getting the most compensation possible through Florida’s workers’ compensation benefits, contact the Law Offices of David Benenfeld. For a free consultation, dial (954) 677-0155 to speak with a knowledgeable workers’ comp attorney in Fort Lauderdale today.
Is an injury I received from an electric l shock covered by workers' comp?
Many people believe that those who endure an electric shock aren’t actually injured, but the reality is that some people do suffer serious injuries and even death as a result of an electrical shock accident in the workplace. In fact, the outcome of high-voltage electrical shocks could include burns, internal injuries, changes in vision, speech and hearing, and head and spinal injuries.
While user error could be the reason why an electric shock occurred, there are other causes of electrical shock injuries such as downed power lines, frayed electrical wires, and unsafe work environments. In any event, injuries that occur as a result of electric shock accidents on the job should be covered by workers’ compensation benefits. You don’t have to worry if you feel like you are at fault for the accident because workers’ compensation doesn’t require proving fault on the part of your employer.
To learn more about getting the most out of your workers’ compensation claim in Florida, contact a trusted attorney at the Law Offices of David Benenfeld today at (954) 677-0155 and receive a free consultation today.
Will the amount of money I receive from my workers' comp claim be different depending on the type of burn I suffer?
Yes. Although any burn injury is serious and deserving of workers’ compensation benefits, some burns are more severe and warrant more compensation depending on the outcome. The severity level of a burn can determine the amount victims are compensated. For example, a victim with a fourth degree burn will likely get more money for his or her burn injury than a victim with a first degree burn.
To help you understand the severity levels of burns, the definitions of first, second, third and fourth degree burns are listed here:
- First degree burns are the least serious of the four types of burns. Although a first degree burn can result in pain, redness, and damage to the outer layer of skin, most first degree burns can be treated with antiseptic and a bandage.
- Second degree burns also result in pain, redness, and damage to the outer layer of skin, but they are more serious than first degree burns because the second layer of skin is also injured. It is possible that victims who suffer from second degree burns will have scarring.
- Third degree burns also cause the same side effects as those listed above; however, a burn of this level will damage the fatty layer underneath the second layer of skin. Victims who suffer third degree burns will often require narcotics to help with the pain.
- Fourth degree burns are the most serious of the four types of burns. This type of burn not only damages the skin, but damage is done very deep beneath the skin. Typically, bones, muscles, tendons, and ligaments are damaged as well as nerve damage occurs. Sadly, many people succumb to fourth degree burns.
As you can see here, there are different severity levels of burns, which can dictate the severity of your injury to your employer and its insurance carrier. To make sure you get the most compensation possible following a work-related burn injury in Florida, contact the Law Offices of David Benenfeld at (954) 677-0155 to speak with an experienced injury lawyer.
What types of benefits am I entitled to after suffering an injury on the job?
- Medical care expenses. This benefit should cover any medical care related to the injury you suffered on the job.
- Job displacement benefits. This benefit can help you enhance your work skills or be retrained in order to be able to return to work for your employer.
- Temporary disability benefits. This benefit kicks in if your work-related injury keeps you from doing your normal job tasks while you are recovering.
- Permanent disability benefits. This benefit applies when a work injury prevents you from recovering completely and returning to work.
- Death benefits. This benefit is paid to your spouse or children if you pass away from an on the job accident or occupational illness.
To learn more about your benefits and what you are entitled to following a workplace injury, contact a trusted workers’ comp attorney in Fort Lauderdale at the Law Offices of David Benenfeld at (954) 677-0155 for a free consultation today.
I have been having pains in my arm over the last several months, and just got it diagnosed as bursitis. What should I do to let my employer know the injury is from my job duties?
Many workers who use the same body parts to perform the same tasks over and over again often suffer from repetitive stress injuries, such as bursitis. In order to ensure that you receive benefits from your employer, you need to report your injury to your supervisor immediately.
Even though you may have been feeling pain for several months and your injury developed over time, you have 30 days from when you learned about your injury (such as an official diagnosis) to report it to your employer. However, it isn’t suggested that you wait the entire 30 days before informing your work. By reporting your injury as soon as possible and promptly seeking medical care, you can prevent your employer from delaying or denying you your deserved workers’ comp benefits.
Not only do you need to verbally tell your supervisor about your injury, but you need to fill out a workers’ comp claim form as soon as possible. Your employer needs to turn in your claim form to their insurance carrier within a day of learning about your injury. You should follow up and request your claim number because some employers fail to submit claims in a timely fashion.
Remember, when you go in for any type of treatment on your arm, it is wise to tell the health care provider that your injury is caused by your job and the duties you perform at work. If you feel like your employer isn’t treating your work injury correctly, you should contact a trusted workers’ compensation attorney in South Florida.
Even if you aren’t sure you want to use a lawyer for your injury claim, it is always a good idea to seek legal advice. At the Law Offices of David Benenfeld, you can get your questions answered in a free consultation by calling (954) 677-0155 today.
I was denied workers' compensation benefits even though I suffered carpal tunnel as a result of my job duties. What can I do now?
The good news is that you have a right to appeal the decision made by the workers’ compensation insurance carrier. While it is unfortunate that you have to even go this route and challenge the decision made by the insurer, it is important that you take this next step.
Sometimes insurance adjusters deny claims because they think your injury was pre-existing or that your job duties didn’t cause your injury. If you know your injury occurred as a result of your work duties, it is critical to file an application to appeal this decision to the Workers’ Compensation Appeals Board.
If you plan on disputing the decision made by the insurer, you should hire legal counsel to help you prepare for your appeal and strengthen your case. Many denials end up in court to sort out the facts of the claim, and it is wise to have an attorney prep you for this. While you aren’t required to have a lawyer in order to file an appeal and challenge the decision made in your Florida workers’ comp claim, it is strongly recommended.
Even if you aren’t sure you want to hire a lawyer to help you with your worker’s comp denial, you can call the Law Offices of David Benenfeld today for a free consultation at (954) 677-0155 and get your questions answered.
Is there a time limit on when I need to file a workers' comp claim?
Yes. Injured workers typically need to notify their employer of their injury within 30-45 days of the workplace accident or discovery of a work-related illness or injury. Also, workers only have a certain amount of time to file workers’ comp claims in Florida. This is referred to as the statute of limitations, which is a deadline for filing a claim under workers’ compensation laws.
The statute of limitations in Florida typically give an injured worker two years from the date of the accident or known injury to file a workers’ comp claim for benefits. However, some types of injuries can make things complicated. For example, if an injury develops over time, such as carpel tunnel, the insurance carrier will start the clock from when an employee first took time off to see a doctor or should have known that the injury was caused from their job duties.
Because workers’ comp insurance carriers are not looking out for you, it is always best to have a lawyer on your side to stand up to the insurance company on your behalf and make sure you get all the compensation and benefits you are due.
For help pursuing your workers’ compensation benefits to cover your expenses for your injury and losses, contact the Law Offices of David Benenfeld. You can speak with a knowledgeable South Florida workers’ compensation attorney in a free consultation with no strings attached. Simply dial (954) 677-0155 today.
How do I know if I have a workers' comp claim?
Although many people do not know about the ins and outs of Florida workers’ compensation laws, it is relatively easy to determine if you have a workers’ comp claim. As soon as you have a workplace accident and injury or discover an injury or illness related to your job duties, you have the right to file a workers’ comp claim in Florida.
Most employers carry workers’ compensation insurance to protect them when their employees become injured and sick. Pursuing workers’ comp benefits following an injury is a worker’s right. While some workplace accidents and injuries are straight forward and will be covered by the insurance carrier, other work-related injuries are more complicated. For example, if your injury developed over time due to repetitive motions, you may have a more difficult time pursuing your claim.
In either event, if your injury was caused by your work, you have a workers’ compensation claim that you should pursue. For help pursuing your claim to the fullest and to make sure you get the compensation you are due, you should contact a workers’ comp lawyer who knows the ins and out of Florida’s laws. For a complimentary consultation with the Law Offices of David Benenfeld, dial (954) 677-0155 today.
An object at work flew up and hit my eye and caused my eyelid laceration. My boss has been nice and is giving me time off of work to heal, but shouldn't I get workers' comp benefits as well?
It sounds as if you should be filing a workers’ compensation claim with your employer’s insurer to collect the benefits you are due. While it is great that your boss is being accommodating and providing you with time off of work to heal from your injury, it is important that you are also able to obtain financial compensation for the following:
- Medical bills. Compensation should include ER visit, hospital bills, tests, surgical expenses, doctor’s bills, prescription costs, and other expenses related to medical treatment.
- Lost wages. If you cannot work due to your injury, not only should you be given time off of work to heal, but you should be collecting money for your lost income.
- Other expenses such as mileage costs. Workers’ comp benefits entitle you to collect compensation for the cost of mileage for traveling back and forth to doctor’s appointments.
There are other workers’ comp benefits in Florida you may be entitled to following your workplace eye injury, and sometimes you may need more money for your injury and losses than what workers’ compensation insurance covers. For this reason, it is important you speak with a knowledgeable workers’ compensation attorney in South Florida.
To find out more about the benefits you are due following your work accident, contact the Law Offices of David Benenfeld at (954) 677-0155 for a free consultation.
I was exposed to chemicals at work, which caused my eye injury. What should I do now?
First, it is important that you seek medical treatment immediately following any type of workplace accident, especially if you think your eyes are injured. Because you use your eyes every day on the job, your eyes are one of the most important features on your body that help you do your job. When an eye injury occurs, you could be out of work for days, months or years. Because of this, it is important to know your rights.
If your employer carries workers’ compensation insurance, you might have a workers’ compensation claim in Florida. If this is the case, you need to report your workplace accident and injury immediately. Even if your employer doesn’t have workers’ compensation insurance, you should still report your workplace injury so that there is a record of the incident.
Whether your employer has workers’ compensation insurance or not, you may be due compensation for the injury you suffered to your eye. To talk about your work accident in more detail, and to learn more about your rights to a financial recovery, contact the Law Offices of David Benenfeld at (954) 677-0155 to speak with a South Florida workers’ comp lawyer today in a complimentary consultation.
I Work In A Hospital And Was Stuck By A Needle That Wasn't Discarded Properly. Can I Sue For Future Injuries?
Getting stuck by a needle that was used on someone else is a very scary thing. Not knowing if that needle was used on a patient with HIV or Hepatitis B or C can be unnerving to say the least. While you should report the incident to your supervisors and make sure it is noted in your file that you were stuck by a needle that wasn’t discarded properly, you might not have grounds to file a lawsuit at this point.
We hope you don’t contract a disease from this incident, but if you do test positive for one of these aforementioned diseases or other infectious diseases, you would have grounds to pursue a lawsuit. It is important that you start getting tested right away and continue to have tests done for a number of years in order to determine if you did or didn’t suffer as a result of this needle stick injury at work.
If you have suffered an injury at work, or were exposed to an infectious disease, you may have a lawsuit. Contact the Law Offices of David M. Benenfeld to see if you have a case. If you do, we can help you get the compensation you deserve.
I Hurt My Back At Work While Helping A Patient Get Up From Falling On The Floor. Are My Costs Related To My Injury Covered Under Workers' Compensation Benefits?
Workers’ compensation benefits are available to workers who suffer an injury at work, if their employer carries workers’ compensation insurance. More than likely, the hospital or nursing home you work for carries workers’ compensation insurance, so you probably are covered. However, workers’ compensation benefits in Florida do not cover 100% of your damages and costs associated with your injury.
Although you will receive some compensation for your medical bills and lost wages, you might need to consider pursuing a lawsuit against your employer if your injury is severe enough. To find out how to recover the maximum benefits in your specific case, you should speak with a knowledgeable Sunrise workers’ compensation lawyer.
If you have been injured while on the job, contact Attorney David M. Benenfeld, P.A. He is an experienced workman’s comp lawyer who can help you get compensated for your injuries.
I Have A Job Working On A Construction Site In Florida. A Pole Collapsed Landing On My Leg And Breaking It. There Were Other Bodily Injuries As Well. How Do I Know If I Am Eligible For Workers' Compensation Benefits Through My Work?
Whenever you are injured on the job, including a construction site, the owner of the company is responsible for carrying workers’ compensation insurance in Broward County.
You always need to go to a physician or medical facility to examine your injury and get medical treatment. The physician needs to give you a thorough examination to make sure there are no further injuries such as internal damage.
The physician will write up a report on treatment, extent of the injuries and the symptoms you are experiencing.
Report your accident to your employer so the employers can report the case to the compensation insurance company.
It is a good idea to contact a knowledgeable workers’ compensation attorney in Florida who can get the details of your injuries and what caused the accident. Your attorney can help you collect the compensation that you are owed without you trying to do it yourself.
Contact the Law Offices of David Benenfeld to speak with a knowledgeable Broward County workers’ compensation attorney at (954) 677-0155 for a free consultation.
My Husband Works With Silica At His Job And Has Developed A Bad Cough. How Can We Be Sure His Symptoms Are Caused From His Work? Is He Entitled To Worker's Compensation If He Suffers From Silicosis?
Florida employees who inhale particles of crystalline Silica dust are at risk for developing serious health problems. Silicosis is the fatal disease that causes scarring and hardening of the lungs. Employees who develop Silicosis from their job struggle with permanent shortness of breath, bronchitis, and lung cancer.
While Silicosis is most often contracted from jobsite environments, most employees suffer from symptoms that are often overlooked by their personal care physicians. If you are concerned that a loved one may be suffering from occupational Silicosis, it is vital to contact a Broward County Workers’ Compensation Attorney who can offer expert guidance you need during this precarious time.
3 Types of Occupational Silicosis
- Acute Silicosis: Employee is exposed to a large amount of Silica in a short period of time.
- Chronic Silicosis: Employees who are consistently exposed to Silica over a long period of time, such as 7-10 years.
- Accelerated Silicosis: Employees are exposed to smaller amounts of Silica over the longest period of time, such as 15-20 years.
If your husband was diagnosed with any type of occupational Silicosis, he needs to contact an experienced Florida workers’ comp attorney to find out about his rights surrounding a workers’ compensation claim for Silicosis.
Attorney David M. Benenfeld, P.A. is an experienced worker’s comp lawyer. He can help you get the compensation you deserve. Contact us today for a free consultation.
How Does An Employee Prove They Were Injured On The Job?
Florida Workers’ Compensation benefits are only provided when it can be proven that the injury or illness arose out of the course of employment. Sometimes the connection between the injury and job are clear, and other times it must be legally and medically inferred, especially in cases of illness and disease. Often times, the burden of proof lies on the employee who must attest to the increased type of risk associated with one’s job.
- Distinct Job Risk: A painter who falls from a ladder is at distinct risk for becoming injured on the job and is entitled to workers’ comp benefits.
- Personal Job Risk: If a smoker develops lung cancer and it is determined that there are not carcinogens present in the workplace, then they are a personal risk and not entitled to benefits.
- Neutral Job Risk: When an employee develops a contagious disease that is determined to have been caused by the workplace, then this is considered neutral since it may or may not require compensation, depending on the analysis. Other “neutral” examples include heat stroke, transportation injury during work hours, heart failure which causes head injury at work, etc.
If you are uncertain as to whether your injury or illness qualifies for a Florida workers’ comp claim, it is vital to speak with a skilled professional who can give you expert advice before you are denied. Contact the Law Office of David Benenfeld to speak with a Broward County workers’ compensation attorney in a FREE consultation to help you with your claim.
How Can I Prevent Getting Heat Stroke At Work?
Recommendations for Florida Employers to Stay Cool
- Provide employees with plenty of cool water.
- Provide employees with routine breaks in the shade or air conditioning.
- Monitor employees who are more prone to heat illness symptoms.
- Reduce physical demands of employees during summer months.
- Schedule heaviest work during coolest months and periods of the day.
Recommendations for Florida Employees to Stay Cool
- Dress smart. Wear light colors and light weight clothing such as cotton.
- Don’t play the tough guy. Take your breaks. It’s the law.
- Drink water. At least one cup water per 15 minutes during the heat.
- Don’t over-do it. Start off with light work and gradually build up to heavier work.
- Schedule heaviest jobs for coolest parts of the day.
If you need assistance to file your claim for Florida Workers’ Compensation Heat Illness Claim, the Law Office of David Benenfeld is here to help.
Why Can't Florida NFL Players File Workers' Comp Claims If They Are Injured In Another State?
After a published report that the Orlando Jaguars were taking advantage of California’s liberal workers’ comp legislation, Florida legislators decided they needed to make some changes. Since only five of the Raven’s 224 games were played in CA, and 95% of the claims were submitted there, it became obvious that FL players were seizing the opportunity to benefit from California’s liberal worker’s comp system over that of their team’s home state of Florida. Since Governor Scott signed the bill, pro athletes are no longer provided with the advantage of getting hurt in the Golden State of California.
As it presently stands, HB 723 prevents professional athletes, as well as any FL employee, to file a claim in an outside state, even when they were injured in that state. The law now states that if employees are in an outside state for less than 10 consecutive days or 25 collective days within 12 months, they must file their claim in Florida. FL employees who suffer from work-related injuries may still be eligible for workers’ compensation benefits! It is important to talk with an experienced South Florida Workers’ Compensation Attorney.
We can help you prepare your paperwork to get the results you are looking for. If you need assistance to file your claim for workers’ compensation benefits, the Law Office of David Benenfeld is here to help.
How Do I Determine How Much I Will I Get Paid For My Florida Worker's Compensation Claim?
According to Florida’s Division of Worker’s Compensation, you will be paid roughly 66% of your average weekly wage. Your average weekly wage is calculated by counting the prior 13 weeks of employment, not counting the missed days due to the claim. Unless you lose over 21 days of employment due to your claim, you will not be reimbursed for your first 7 days of missed work.
You will receive your check within 21 days of filing your claim. You will not have to pay income taxes on your worker’s compensation claim money, unless you return to work part-time while under the care of a doctor. Florida only allows up to 104 weeks of disability payments for either partial or total disability.
If you have been injured on the job, contact our offices. We can help figure out if you have a claim and can file it for you. David M. Benenfeld is an experienced workman’s comp attorney who can get you the compensation you deserve.
I Injured My Back While I Was On-The-Job. Will Workers' Comp Cover Me Or Is There Another Source Of Compensation Available To Me?
A: An employee who suffers from a work-related back injury in South Florida in most cases is eligible for workers’ compensation from their employer. It is important that you report your back injury to your employer immediately and go to a physician to seek medical treatment.
In some instances the back injury that resulted on-the-job may have been caused by a negligent third party who was not the employer. It could have been a faulty or defective piece of equipment that caused the work injury accident. If that is the case, you may have a claim against the manufacturer in addition to a Florida workers’ compensation claim.
It is important that you seek the advice of an experienced South Florida accident attorney to help determine if you have a workers’ compensation claim and if you can claim additional compensation.
Contact the Law Offices of David Benenfeld, an experienced Sunrise workers’ compensation lawyer, if you or someone you love has experienced a work-related back injury in Florida.
When Should I Call A Lawyer After A Back Injury Occurs On-The-Job?
A: If you injured your back on-the-job in Florida during one single work accident, seek medical care immediately. Also, if you have started noticing aches and pains in your back, it is important that you seek medical attention as soon as possible. You may be injuring your back by doing the same motions at work, which could lead to a serious back injury over time.
After you seek medical attention, it is important to contact your lawyer as soon as possible. It is never too early to contact a Florida workers’ compensation attorney to find out your rights.
If you have injured your back by performing your normal work duties, you need to contact an experienced Fort Lauderdale work accident attorney as soon as possible. A skilled attorney will provide you with information about the workers’ comp process and will give you legal advice. Call the Law Office of David Benenfeld at (954) 677-0155 in a free legal consultation.
I Tore My ACL And Damaged My MCL In A Florida Work Accident. I Dont Believe My Work Is Compensating Me Fairly For My Injury. What Should I Do?
A: Serious knee injures can be debilitating and can cause you to be out of work for months. If you were injured on-the-job in Florida, it is only fair that your employer compensate you fairly for your injuries, medical bills, and lost wages due to time off of work.
When an ACL is completely torn, arthroscopic surgery typically is required, which can lead to months of physical therapy and time off of work. The cost of the MRI, surgery, and physical therapy can add up quickly. And, if you cannot work due to your knee injury, then you are losing wages on top of all of your medical bills.
If you were hurt at work, please call an experienced Fort Lauderdale workers’ compensation lawyer to make sure you are being treated fairly and getting all the compensation that is rightfully yours.
I Was Working At A Florida Construction Site. A Wire Came Loose And Hit Me. I Was Knocked Down And Have Felt Strange Ever Since. Am I Eligible To File A Workers Compensation Claim?
A: The first thing you must do is go to your physician and get a thorough examination to make sure there was no internal damage done due to the electric shock injury. Have your physician complete a written report on any damage or symptoms that you have experienced since the accident.
A Florida construction site is supposed to carry Workers’ Compensation insurance. It is important that you contact an experienced South Florida work injury attorney. An experienced South Florida work injury attorney can review your claim to determine the cause of the electric shock injury and help you to recovery damages.
If you have been injured while working on a construction site, contact the Law Offices of David M. Benenfeld for help getting the compensation you deserve.
I Was Exposed To Asbestos On My Job In Broward County. Am I Eligible For Workers' Compensation For Asbestos Exposure?
A: Being exposed to asbestos on a job that has resulted in bodily harm such as mesothelioma, pleural disease, lung cancer, and asbestosis can entitle you to file a Broward County workers’ compensation claim.
In filing a Broward County workers’ compensation claim, your employment history must show that you were employed before the date of being disabled due to the disease. There also must be evidence of the disease that resulted from the exposure of the asbestos.
If you have been exposed to asbestos on-the-job and have experienced illnesses as a result of the asbestos please call us at the Law Offices of David M. Benenfeld. We can help you get the compensation you deserve.
I Was Severely Burned In Broward County At Work. It Has Been A Slow And Painful Recovery, And My Income Has Dropped. Am I Eligible For Workers Compensation From My Job?
A: If you received a burn injury in Broward County in your workplace, you are eligible for workers’ compensation. The fact that you are missing work and unable to collect a paycheck needs to be addressed.
An experienced Broward County workers’ compensation lawyer can help you with your workers’ comp claim. There are many documents and reports that must be completed to insure you get the compensation you deserve.
There are many different types of burns ranging from first degree to third degree. The more severe the burn is, the longer it will take to heal.
Ongoing treatment may be needed as your body is healing from these burns. There may be scarring that will need future surgeries. You may need skin grafting to repair the damage. In addition, some people experience mental anguish from the pain and reliving the event.
All of these factors will determine if and when you can return to work. You don’t want to risk not having enough money to sustain yourself for all the medical bills, future treatment and lost income that you may experience.
Contact the Law Office of David Benenfeld to speak with an experienced Broward County workers’ compensation attorney and receive the compensation that you need during this hard time.
Do I Have A Wrongful Death Claim Or A Workers' Comp Claim After My Husband Was Killed From Being Struck By An Object At Work?
We are saddened to hear of your loss. Unfortunately, there are many people who suffer fatal injuries at work, especially after being struck by an object. In fact, the Census of Fatal Occupational Injuries reports that 12 percent of fatal work injuries in this nation in 2012 occurred due to individuals being struck by an object or piece of equipment.
There are many objects that can cause fatal injuries when striking workers. Sometimes, objects fall off a shelf, workers overhead drop something onto a worker below, or a flying or moving object strikes a worker. When this happens, workplace fatalities can occur. No matter what type of industry your husband was in—whether he was a construction worker, warehouse worker, office worker, logger, or transportation worker—you are entitled to benefits for your losses and his injuries.
Although you may be entitled to a Florida workers’ comp case, it is possible that it will be in your best interest to pursue a wrongful death claim to access benefits you wouldn’t be able to get in a workers’ compensation claim. To make sure you get the full amount of benefits you are entitled to under the law, contact an experienced South Florida workers’ comp attorney as soon as possible.
We would be glad to meet with you in a free consultation and review your case specifics in more detail. For help navigating your claim and to get the most compensation possible, contact the Law Offices of David Benenfeld at (954) 677-0155 today.
How Much Is My Work-Related Neck Injury Worth?
Every type of work-related neck injury in Florida can be different. Some neck injuries develop over time from repetitive stress movements, and other neck injuries are the result of a specific traumatic accident. Some people may suffer a minor neck injury, but others might be permanently disabled or paralyzed after suffering a neck injury. In either event, if a neck injury is limiting your ability to perform your work and do your job, you deserve to collect workers’ compensation benefits.
Depending on the extent of your injuries and whether or not you can move your head or do your job will determine how much compensation you may be entitled to. If you have suffered serious neck pain and disability, you may be entitled to compensation that exceeds your workers’ compensation benefits. Remember, the workers’ compensation company only wants to pay you a small amount; however, when a serious injury occurs, you will need all the benefits you are entitled to.
In order to determine how much compensation you may be entitled to and what your Florida work accident neck injury claim may be worth, you should speak with a skilled personal injury and workers’ compensation lawyer in Broward County. Contact the Law Office of David Benenfeld for a free consultation and learn about your rights to a financial recovery at (954) 677-0155.
I Work In A Factory And Suffered A Finger Amputation While Performing My Job. What Should I Know About Workers' Compensation Benefits?
If you have been injured at work, you need to report the injury to your boss and see a doctor immediately. Your employer will notify the insurance company, and you will be hearing from the insurer about your rights. Typically, you will receive benefits for your medical bills and lost income. However, it is important to remember that the insurance company represents your employer and not you, and their job is to save the company money.
This is why many injured workers turn to Sunrise workers’ compensation lawyers for help securing all the benefits they are entitled to under the law. Sometimes, insurance companies will delay payments, deny benefits, or approve a low amount of benefits.
Because you have medical bills, mortgage or rent, and other bills piling up while you are out of work, it is critical that you get the full benefits you are entitled to under the law. Unfortunately, the insurance company may not be forthright about all your benefits. For example, an amputation injury is a permanent injury that can qualify for a disabling injury.
Even if you aren’t sure you want to hire a lawyer, make sure you request a copy of our FREE book, Hurt on the Job in Florida: What Are My Rights? Also, if you want to speak with an experienced South Florida workers’ compensation attorney in a private, free consultation, contact the Law Offices of David Benenfeld at (954) 677-0155 today.
Workers' Compensation Claims In Broward County
Answer: Florida employers are required to have worker’s compensation insurance. With worker’s compensation insurance, an employee can file a claim if the injury happened at their workplace no matter how the injury occurred.
A Broward County worker’s compensation claim covers part of your lost wages and other expenses. No matter how your accident occurred, you should be covered under your employer’s workers’ comp. insurance as long as you were injured while performing work-related tasks.
Once you are diagnosed with an injury, condition or illness related to your job, you need to report it to your employer. Your employer then has one week to report the accident and injury to their insurance company.
If your employer does not report the incident, you may need to consult with an experienced Broward County workers’ compensation attorney to help you get the benefits you are entitled to under Florida’s Workers’ Compensation Laws.
The Law Office of David Benenfeld can help you with your worker’s compensation claim. Call: (954) 677-0155 for a FREE consultation and receive his Special Report: Hurt on the Job in Florida. What are my Rights?
Who Is Liable For My Ladder Injury?
A: There are many causes of ladder accidents and injuries that include defects in ladders, carelessness of a co-worker, and negligence on the part of your employer or even yourself. The circumstances of your Florida ladder accident will determine who is liable for your injuries.
For example, were you using a company’s ladder? Was it defective? Did your employer provide training on how to use the ladder appropriately? Did your employer supply you with protective fall equipment? Your answers to these questions will determine if you can hold your employer liable for your Florida work accident injuries.
If you were seen walking up the ladder loaded down with tools in your hand, the ladder accident may be your own fault. Before we can exactly tell who is liable for your work accident and injuries, we would need to review the specifics that surrounded your ladder accident.
Please call the Law Offices of David Benenfeld for a free consultation with a skilled South Florida workers’ compensation attorney today at (954) 677-0155.
You can also request his FREE book, Hurt on the Job in Florida: What Are My Rights?
Can I Collect Workers' Compensation Benefits After Being Struck By An Object On The Job And Suffering And Injury?
Being struck by an object on the job should qualify you to receive workers’ compensation benefits in Florida. In order to get benefits, you need to seek medical treatment and notify your employer of your injury. If your injury requires medical care or time off of work, you would qualify for workers’ comp benefits.
Most struck by object accidents result in serious injuries which require medical treatment, surgery, and rehabilitation. Sometimes, these types of accidents also cause debilitating injuries. In either event, many injured workers need time off of work for rehabilitation, or they may never be able to return to the same type of work.
Workers’ compensation benefits are designed to help injured workers cover their medical bills, physical rehabilitation costs, prescription drug costs, lost wages, and any disability that occurred as a result of the workplace accident.
When you suffer an injury during the course of your employment, you should be entitled to received workers’ compensation benefits in Florida. For help making sure you receive all the benefits you are entitled to, contact the Law Offices of David Benenfeld to speak with a Broward County workers’ comp attorney in a free consultation at (954) 677-0155 today.
What Types Of Work-Related Accidents Does David Benenfeld Handle?
A: Personal injury attorney David Benenfeld has been handling workers’ compensation (workers’ comp.) cases in the metro Ft. Lauderdale, Miami, and Palm Beach areas for over a decade. Working as an advocate for injured workers in Florida, he represents Broward, Dade, & Palm Beach County workers in the following types of work-related accidents, among others:
- Construction Accidents
- Ladder Accidents
- Work Zone Accidents
- Accidents Around Power Lines
- And Many, Many Others.
If you have been injured on the job in metro Ft. Lauderdale, Miami, or Palm Beach, contact Injury Law Service for free resources and information from experienced workers’ comp. attorney David Benenfeld. He will answer your questions for free with compassion and professionalism.
What Types Of Injuries Occur From Toxic Fumes At Work?
A: There are many different industries that use a variety of chemicals, such as construction workers, industrial workers, cleaning workers, pest control workers and others. Some chemicals can cause damage to the skin and eyes, and other toxic fumes can cause lung damage, brain damage, cancer, loss of consciousness, loss of memory, and internal injuries to organs.
When a worker is able to survive a toxic fume accident, he or she may be left with a life-long disability that could affect their ability to work as well as their family. Sometimes toxic fumes can cause a worker to suffocate and die as a result.
If you suffered a toxic fumes injury in a Florida work accident, or if your family member died as a result of chemical exposure, you should talk with a skilled Fort Lauderdale workers’ compensation lawyer to find out your rights. You may be entitled to financial compensation for medical bills, lost wages, loss of services and more.
Call the Law Office of David Benenfeld, an experienced South Florida work accident attorney, at (954) 677-0155 for a free legal consultation.
Also, learn about your rights and order a FREE book, courtesy of attorney David Benenfeld: Hurt on the Job in Florida – What are my Rights?
What Types Of Costs Are Reimbursed In The State Of Florida For Worker's Compensation?
Next, every injured employee needs to understand what costs are eligible for compensation. Your benefits will be classified into two categories: medical and lost wages. Below is a list of costs that are eligible for compensation.
- Doctor visits
- Physical therapy
- Medical tests
- Prescription drugs
- Mileage reimbursement for treatment
Lost Wages Benefits
- Temporary Total Disability-If a doctor says you cannot work based on your injury, you may receive 66% of your normal wages. Severe injuries may receive up to 80%.
- Temporary Partial Disability-If a doctor says you can only return to part of your work duties then you may receive 80% of earned wages at the time of the accident.
Contact us at the Law Offices of David M. Benenfeld for legal assistance and help filing your workman’s comp reimbursement.
What Types Of Construction Work Accidents Do You Represent?
A: Construction accidents occur frequently. In fact, the construction industry is one of the most dangerous and deadliest industries in Florida and in the nation. Construction accidents in Florida take place in a number of different worksites and in a variety of different ways. Some accidents occur from lack of training, whereas others happen because corners were cut, safety processes weren’t in place, or defective equipment could have been involved.
Some of the most common construction accidents we see or have represented include:
- Slip and fall accidents
- Crane accidents
- Heavy equipment accidents or being run over by equipment
- Scaffolding accidents and collapses
- Falls from heights and ladder falls
- Falling debris
- Electrical accidents
- Trench collapses
- Welding accidents
- Explosions and fires
- Chemical burns
- And more
I have helped many injured construction workers recover damages and seek financial compensation for medical bills, lost wages, physical therapy, and more. I have also helped families of loved ones who have died in Florida construction accidents receive successful settlements in wrongful death lawsuits.
Call me, David Benenfeld, a Fort Lauderdale workers’ compensation lawyer at (954) 677-0155 today, for a free consultation.
Also, request my FREE special report: Hurt on the Job in Florida – What are My Rights? This complimentary report will explain more about your rights under Florida workers’ compensation laws.
What Should I Do If I Injured My Shoulder At Work?
- Report your injury to your manager or your employer directly. It is not only good to verbally report your workplace accident and injury, but it is in your best interest to make a written report as well for the record.
- Seek medical attention as soon as you can following your workplace shoulder injury. Let the doctor know when and where your shoulder injury occurred and what you are experiencing. You most likely will be sent to an employer authorized provider. Just make sure that the doctor is looking out for your interests so that you receive the best medical care.
- Contact a skilled Sunrise workers’ compensation lawyer to make sure you are receiving all the medical benefits as well as income benefits you are entitled to under the law. Also, having a workers’ comp attorney on your side is beneficial if the insurance company disputes that your shoulder injury wasn’t a result of work. Unfortunately, insurance companies may try to blame you and try to deny your benefits. This is why it is critical to take these above steps for your protection.
For more information, contact the Law Offices of David Benenfeld at (954) 677-0155or (954) 677-0155 and receive a complimentary consultation today.
What Kinds Of Incidences Can Lead To Workers' Comp. Cases?
A: Workers’ compensation includes a broad range of injuries and a broad range of work-related accidents that lead to claims. When someone gets hurt while working, that person is entitiled to a workers’ comp. claim. Injuries and claims may result from something as simple as typing all day (often leading to carpal tunnel syndrome), tripping & falling on the job, trying to sit in chair that rolls out from under you, or picking something up & sustaining a back injury or another type of strain injury.
As a workers’ compensation attorney, I can help you get checks from the insurance company, get to the right medical providers, and help you obtain a lump sum in your case. If you have more questions concerning on-the-job accidents, feel free to contact me with concerns unique to your situation. I will gladly answer your questions for free at no obligation to you.
For a video explaining workers’ compensation accidents, scroll to the first workers’ comp. video on the top of our homepage.
What Happens If My Employer Refuses To Report My Incident To The Workers' Compensation Insurance Company, Or Refuses To Provide Me With An Authorized Medical Provider Or Refuses To Pay Me For The Time That I Missed From Work Due To The Incident?
A: It is important for you to contact the Division of Workers’ Compensation at 1-800-342-1741 and advise them of your employer’s failure to report your incident. Should no action be taken on you behalf in a satisfactory manner, you may need to consult with an attorney who may be able to help you get the benefits you are entitled to under Florida’s Workers’ Compensation Laws.
Contact the Law Offices of David Benenfeld to discuss whether or not you have a workman’s comp case.
What Compensation Should I Receive After Injuring My Back At Work?
Employees never go to work thinking that today will be the day that they injure their backs at work. Unfortunately, back injuries on the job in Florida occur across many industries, as the back is one of the most common body parts to suffer a workplace injury.
Although backs are a common site for injury, back injuries are also very painful and debilitating. Because of the nerve damage, chronic pain, and lack of functionality, back injuries are also one of the types of workplace injuries that deserve maximum compensation and benefits under the law.
Back injuries can take weeks and months to even diagnose, resulting in mounting medical bills from doctor’s visits, x-rays, MRIs, and other tests. Then, once a back injury is diagnosed, a person may have to undergo surgery, followed by rest and physical therapy. Sometimes, back surgeries fail to fix the chronic pain, which may require starting back at square one all over again.
Victims of Florida workplace back injuries should receive compensation for:
- Medical bills including past and future medical expenses
- Lost income from being out of work
- Disability if you cannot return to your job due to your physical limitations
- Other damages
To make sure you are receiving the full extent of your benefits, contact a qualified Florida workers’ compensation attorney for a free consultation to find out more about your rights. Contact the Law Offices of David Benenfeld at (954) 677-0155 today.
What Can I Do If My Florida Workers' Comp Claim Has Been Denied?
A: The most important thing you can do after your workers’ compensation claim has been denied is to talk with an experienced Fort Lauderdale workers’ compensation lawyer about your workers’ comp claim.
Once the insurance company has denied your claim, it is unlikely that you are going to make them change their position on the matter. A skilled lawyer who works with workers’ compensation claims will help you fight the denial.
It is also important that you have saved all papers related to the claim. Collect all your letters and information from your doctors, insurance company, work, pay stubs, and anything else that relates to the work injury that you suffered. Take your paperwork to a skilled Sunrise workers’ compensation attorney for a free legal evaluation. Contact the Office of Attorney David Benenfeld. He as the experience and expertise to assist you in your legal matters.
What Are My Legal Rights After Being Injured At Work?
Answer: The most important thing to remember is that it is against the law for an employer to fire an employee who files a Florida workers’ compensation claim.
Your employer is required to file an accident report with the Division of Workers’ Compensation. Request a copy of this report from your employer. Ask your employer for an authorized medical care provider list for you to follow up with.
The authorized medical provider that you select will make a diagnosis of your condition. If it is reported that you are unable to work, you need to ask your employer for lost wages. The medical provider may indicate that you can only be on light-duty work. If your employer does not have light-duty work for you, then you should request that monetary benefits still be provided to you.
A Fort Lauderdale workers’ comp attorney can help you with filing a claim if you feel your employer is not complying with the law.
The Law Office of David Benenfeld can help you file a claim for workers’ comp and has a FREE book, Hurt on the Job in Florida: What Are My Rights. Call: (954) 677-0155 for a free consultation.
What Are Common Types Of Workers' Compensation Cases And What Am I Entitled To?
Workers’ compensation refers the benefits that an employee is entitled to when he or she is injured on-the-job. Florida workers’ compensation isn’t limited to injury and accidents on-the-job. Employees are also eligible based on a continuous activity that causes an injury, such as carpal tunnel syndrome caused by typing or respiratory problems that develop as a result of exposure to hazardous chemicals.
Individuals who become injured or ill from the workplace are entitled to benefits that include: lost wages, doctor visits, medical tests, prescriptions, hospitalization, and therapy.
If you have been injured on-the-job in Broward County, contact David Benenfeld, an experienced Sunrise workers’ compensation attorney. The Law Offices of David Benenfeld has the skill and help necessary to help you receive the benefits you deserve.
What Is The Most Vital Ingredient Needed To Prove Workers' Compensation Retaliation In Florida?
Timing has everything to do with the amount of success in proving a Florida workers’ compensation retaliation claim. If Broward County employees file a complaint or claim and suspect that they are being punished for doing so, then the court will likely look at the timing of events. That is, precisely the amount of time which transpired between the employee’s complaint and the employer’s retaliation. If it can be proven that the boss’s reaction shortly followed, then the plaintiff has stronger grounds of proof. In some cases, the employer will try to prove that he/she had strong grounds for terminating, demoting, or changing the employee’s status. But, if the response is in close proximity to when the complaint was filed, then a Sunrise Workers’ Compensation Attorney will be able to show a link between the two events. For example, the employee should be able to produce a history of documentation including emails and reviews that show the employer’s pleasure before the complaint occurred.
Some people who have filed a workers’ compensation claim suffer consequences on the job that are unjustified without realizing that retaliation by an employer is unlawful. Contact the Law Offices of David Benenfeld for a free legal consultation to determine if you have a case. Call (954) 677-0155.
What Types Of Injuries Do Warehouse Workers Typically Suffer On The Job?
Employees in warehouse and factory environments are at risk for suffering many types of injuries due to their job requirements that may include manual lifting, forklift operation, and repetitive motions. Unfortunately, it is not uncommon for warehouse and factory workers to suffer from injuries on the job.
Some of the types of injuries workers in warehouses and factories suffer from include:
- Broken bones caused from slip and fall accidents
- Back injuries, such as herniated disc injuries, caused from lifting heavy items, twisting, or items falling from overhead
- Knee injuries, such an ACL tear and other torn ligaments, caused from lifting or falling
- Neck injuries caused from materials falling from overhead
- Repetitive trauma injuries, such as carpel tunnel and shoulder injuries like rotator cuff injuries, caused from repetitive motions
- Burn injuries caused by electrical burns or fires
When shelves collapse, an explosion occurs, items fall from overhead, clothing or hands get caught in machinery, or a forklift accident takes place, warehouse and factory workers can suffer serious injuries that can cause them severe pain and limited mobility. When this occurs, it is nearly impossible for injured employees to return to their jobs.
Sometimes, an injured worker needs surgery, physical therapy, and rest before coming back to work. However, some injured employees suffer such catastrophic injuries on the job in Florida that they may never be able to perform the same type of work again.
If you have suffered an injury at work in Broward County, you need a lawyer on your side who is knowledgeable about the Florida workers’ compensation benefits and laws that apply to warehouse and factory workers. Contact the Law Office of David Benenfeld for a free consultation with an experienced Sunrise workers’ compensation lawyer at (954) 677-0155.
What Type Of Benefits Can I Collect After Being In A Crash While Driving For Work?
If you are in a Florida car accident while you are driving a company car or you are driving on company time, you should be entitled to workers’ compensation benefits in Florida. These benefits would include money to reimburse you for your medical expenses and lost wages. However, under the workers’ compensation law, you won’t fully be reimbursed for the wages you lost.
This is why you should discuss the particulars of your claim with an experienced workers’ comp attorney. A lawyer will know how to get you the most compensation possible. For example, if you cannot return to your job or make the same money you did pre-injury, then you may be entitled to temporary total disability or temporary partial disability benefits under the law.
Also, injured car accident victims may find it in their best interests to pursue a personal injury claim against the negligent driver. By pursuing a third party claim in addition to a workers’ compensation claim, you may be able to collect more damages or additional benefits to maximize your compensation.
Because getting the maximum benefits may be complicated, make sure you have a lawyer on your side who practices both workers’ compensation and personal injury law in Florida. For a free consultation about your case, contact the Law Offices of David Benenfeld at (954) 677-0155 to speak with a skilled South Florida accident attorney.
I Tore My Bicep On The Job And Went Through Surgery. What Should I Know About Possible Complications And Returning To Work?
It is possible for you to return to work following a bicep tendon tear; however, you need to make sure you receive the proper rest and rehabilitation after your surgery before going back to work. Make sure you follow the doctor’s orders and attend all of your physical therapy sessions and have reached maximum medical improvement, which occurs once your condition cannot be improved any further. Sometimes this can occur in as quickly as three to four months; however, it can take longer depending on the injury and complications.
If you have any complications after the surgery, your healing and recovery time will be longer and you will not be able to return to work as soon as you would like. For example, a doctor may have failed to recognize that a tear to the rotator cuff occurred in addition to your bicep tendon tear. You may have already had one surgery when your doctor discovers you now need another, which can add to your recovery time. Other complications can include surgical complications such as infections, anesthesia issues, and nerve injuries.
When complications during surgery or following surgery occur, you may be unable to return to your previous job and make the same type of living. This is why it is critical that you speak with a knowledgeable Broward County workers’ compensation lawyer to learn about your rights and make sure you get the best compensation possible.
Contact the offices of David Benenfeld to speak with an experienced attorney. We offer a free consultation and can help you file your claim
After Suffering An Injury At Work, I Want To Know What The Difference Is Between Personal Injury And Workers' Comp Benefits In Florida.
There are many differences between Florida workers’ compensation and personal injury claims. When you get injured at work, the workers’ compensation system is designed to pay for temporary and permanent disability benefits that include medical and wage loss benefits. Unfortunately, workers’ comp doesn’t typically provide for pain and suffering and loss of quality of life like personal injury claims do.
The main difference between workers’ comp and personal injury surrounds the issue of fault. In workers’ compensation cases, it doesn’t matter if you were at fault; however, in order to recover benefits in a personal injury case, negligence or fault needs to be proven of another party.
If a work accident was your fault or the fault of your employer, then you would recover benefits under the Florida workers’ compensation system. However, if a work accident was the fault of someone else (a third party), then you may have a personal injury claim to recover damages that workers’ compensation benefits do not provide for. This means you may have both a personal injury suit and a workers’ compensation claim to give you full protection.
This is why it is critical to hire a lawyer who has experience in both personal injury and workers’ compensation matters and is familiar with the laws to protect your rights. For a free consultation with a knowledgeable South Florida workers’ comp attorney, contact the Law Office of David Benenfeld at (954) 677-0155 today.
Can My Spouse Receive Money For Taking Care Of Me Following My Workplace Accident That Left Me Paralyzed?
When a work accident causes you to suffer a permanent injury such as paraplegia or quadriplegia, you will need the full amount of Florida workers’ comp benefits that you can get. This even means that your spouse may be entitled to benefits if he or she is providing care for you.
When an injured worker needs nursing and home care services as part of his or her workers’ comp benefits, it is possible that a spouse could be entitled to those benefits for taking care of you. The workers’ comp insurance carrier will, of course, try and deny paying your spouse such benefits, but it is possible that your spouse be paid these benefits instead of someone else.
If your spouse is getting you in and out of bed, helping you exercise your feet and legs, administering your medication, taking care of your hygiene, devoting a large portion of his or her time to caring for you, and doing other tasks around the house that you used to do, then your spouse should be able to collect benefits for these services.
It is important that you get a workers’ compensation lawyer involved to argue this position and get you the most benefits possible following your workplace injury. Contact the Law Offices of David Benenfeld today to speak with an experienced Fort Lauderdale workers’ comp attorney to learn more about your rights in a free consultation at (954) 677-0155.
Should I Trust A Doctor That My Company Is Requiring Me To Go To After My Work-Related Injury?
A: After a Florida work injury, your employer or their insurance company cannot require you to go to their company doctor. In fact, if your company is requesting that you visit their medical provider, you should be hesitant in doing so. The best option would be for you to consult with a local and experienced workers’ comp lawyer in Florida who will be able point you in the right direction and answer your questions about this situation.
There are some doctors out there that owe their livelihood to insurance companies and will report what they think the insurance companies want to hear. Going to a doctor like that will most likely hurt your Florida workers’ comp claim. Not all doctors participate in unethical behaviors, as there are many physicians who give neutral medical exams and provide a full and honest evaluation of injuries.
Before choosing a doctor, consult with a Sunrise workers’ compensation lawyer who will be able to steer you in the right direction. The attorney most likely will be familiar with certain local doctors and the way they perform these medical evaluations.
Make sure you write down what the doctor asked you, how he examined you, if any tests were taken, and how long the exam lasted. It is a good idea to jot down these notes as soon as your appointment is over so that the exam is still clear in your mind. This will help your attorney when working on your Florida workers’ compensation case.
Also, request my FREE special report: Hurt on the Job in Florida – What are My Rights? This complimentary report will explain more about your rights under Florida workers’ compensation laws. Contact our offices for a free consultation if you’ve been injured on the job.
What Questions Should I Ask A Lawyer Before Hiring Him For My Workers' Comp Claim?
If you believe you have a workers’ compensation claim in Florida following an on the job injury, you should talk with an attorney as soon as possible. To make sure you are dealing with the right lawyer and one who can help you as best as possible, you should ask the attorney the following questions:
- Do you have experience in workers’ comp claims?
- Have you dealt with large employers and their insurance companies?
- Have you handled a case similar to mine?
- Will you share some of your past case results with me?
- Have you been to trial?
To ask all of these questions and more in a free consultation, contact Florida workers’ comp attorney David Benenfeld at (954) 677-0155 today.
Do I Have A Personal Injury Claim Or A Workers' Comp Claim If I Got Into A Crash While Driving On The Job?
Car crashes occur every day, especially during the morning and evening commute times. If you were in a Florida car crash while commuting to work in your own vehicle, you more than likely have a personal injury claim for your losses and damages. However, if you were running errands for your boss, driving to a meeting, making a sales call, or driving for your job, you probably have a workers’ compensation claim.
When you are involved in a collision during work hours and you were doing a work activity in a company car or your own personal vehicle, you should have a workers’ compensation claim in Florida. Especially if the crash occurred when you are in a company vehicle, you should be entitled to collect workers’ compensation benefits for your injuries and damages.
If your employer is denying your workers’ comp claim, you should find out if you have a valid workers’ comp or personal injury claim with an attorney. To discuss your case more and find out your rights to compensation, please call the Law Offices of David Benenfeld to speak with an experienced South Florida injury lawyer in a free consultation today at (954) 677-0155.
Our Broward County Pediatrician Just Told Me That My Newborn Baby Tested Abnormal For The Preliminary Diagnosis Of Cystic Fibrosis. How Will I Know For Sure If My Baby Has CF? I Just Lost My Job And Dont Have Much Money To Pay For These Tests.
A: Cystic Fibrosis in Broward County patients is a serious lung disease causing a thick build up of mucus in the lungs and digestive system. If your baby tested abnormal for the CF screening, more testing will be required.
Only 1 in 3 infants that test abnormal actually end up testing positive for the disease. Subsequent tests required include a sweat test to determine if your baby has a high level of salt, chest x-ray, fecal fat test, and lung function test.
Understandably, you are stressed by the news about your baby’s health, and the medical costs involved. For young children, it is vital that treatment begins as early as possible. You will need to have the remaining tests done to determine if your baby has Cystic Fibrosis.
Social Security disability in Florida is offered to children and adults diagnosed with Cystic Fibrosis. An experienced Broward County disability attorney can help you gather what you will need to file a claim to collect Social Security benefits and assistance with your mounting medical costs.
Contact the Law Office of David Benenfeld for a FREE consultation to help you with your claim. Call: (954) 677-0155
My Son Just Started His First Summer Job As A Kitchen Helper At A Local Fast Food Joint Here In Broward County. Last Week He Got A Really Bad Burn On His Arm From The Deep Fryer. Since He Doesn't Have Insurance, We Took Him To The Hospital And Had To Pay Out Of Pocket. How Do We Know If This Can Be Covered As Workers Compensation?
Workers’ Compensation Benefits
Broward County employers are responsible for providing medical treatment for food service burn victims including but not limited to:
- Doctor visits
- Physical therapy
- Medical tests
- Prescription drugs
- Mileage costs for treatment
- Psychological treatment
Depending on the severity of the burn, and how it affects the employee’s ability to perform his work duties, the individual could likely be eligible for workers’ compensation. If you or someone you know has a food service burn in Broward County, they may be eligible for workers’ compensation benefits.
A skilled Fort Lauderdale Workers’ Compensation Attorney can assist the burn victim get a fair settlement. Contact the Law Office of David Benenfeld for a FREE consultation to help you with your claim.
My Husband Picked Up A Side Job Working On A Construction Site. He Comes Home With Different Injuries All The Time. What Should I Know About Workers' Compensation Laws In Florida?
Workers’ compensation laws are complicated. Typically, most employees don’t take the time to read the “broken arm” poster often located in the break room behind the water cooler. More often, in certain fields such as remote areas of building construction, the worker’s compensation poster isn’t displayed.
Workers’ Compensation-Remember This!
- Employees CANNOT see their own physician. They must be treated by the physician designated by the employer’s workers’ compensation insurance to receive benefits.
- You may NOT receive your regular rate of pay if you accept a modified job.
- You are still covered if you were injured OFF the company’s premises while performing work-related duties. This includes vehicle accidents that require commuting during work hours.
- STRESS from work, if determined to be at least 50% to blame for an illness, can account for a workers’ compensation claim.
- Employees cannot be let go based on their DISABILITY if caused by a workplace hazard
Employees who are injured in the job due to workplace hazards are eligible for Florida workers’ compensation benefits. Call David Benenfeld now at (954) 677-0155.
[otw_shortcode_content_toggle title="My Husband Had His Arm Amputated On A Construction Site, And His Company Isn't Offering Us Enough Money For This Type Of Injury. What Are Our Rights?" opened="closed"]A: Amputations injuries are serious, since they leave a worker with a lifelong disability. Although your husband’s employer knows that your husband will have to deal with this life altering injury the rest of his life and may not be able to return to work, they are looking out for their bottom line.
Your husband should not sign any forms or accept a settlement offer from that company until he speaks with a Sunrise workers’ compensation attorney. A lawyer skilled in this area of the law can explain to your husband his rights and determine how much he should be awarded.
Your husband should be compensated for past and future medical bills, physical therapy, in home care, pain and suffering and more. Call the Law Offices of David Benenfeld to schedule a free, no-obligation legal consultation with a Fort Lauderdale workers’ compensation lawyer today at (954) 677-0155.
I Was Recently Injured At Work And Filed A Workers' Compensation Claim. Now My Boss Is Refuting That My Injury Occurred At Work And It Looks Like My Claim May Be Denied. What Should I Do Next? How Do I Know If The Insurance Company Will Give Me All Of The Benefits I Am Entitled To?
The Florida’s Workers’ Compensation Act is in place to assure employees of proper provision of benefits if injured on the job. Nonetheless, Florida’s employers and their insurance companies aren’t especially eager to dole out money, even to those who are rightfully entitled to it.
Most claims are denied because they are not reported in a timely matter. The second most common reason for denial occurs when the employer disputes the claim. In the best case scenario, the employee has a witness and a doctor’s statement attributing the injury to work. However, many cases don’t fall within those perimeters and require expertise beyond that of a co-worker or boss.
Secondly, even if the employer does not refute the injury, the insurance company is likely to diminish the severity and attempt to reduce the degree of coverage for lost wages and medical expenses. To best acquire the benefits you are entitled, it is wise to consult an expert Broward County workers’ compensation attorney who is skilled in making sure you do not settle for less.
Contact the Law Offices of David M. Benenfeld to discuss your worker’s compensation claim during your free consultation.
I Was Injured While Lifting Something At Work. Some Have Said That It Must Be My Fault And I Probably Wont Get Workers Compensation. Is That True?
A: Most of the time, your coworkers, friends and family do not know your rights under Florida’s workers’ compensation laws. They are merely speculating what they believe to be true. It is best that you do not talk with many people about your injury, and that you speak with a skilled Sunrise workers’ compensation lawyer to find out your rights before everyone else confuses you.
Work accident attorneys know the law, your rights, and can help you submit a proper claim. If your job requires you to lift heavy items daily, you may have suffered from repetitive strain injuries or overexertion. However, your injury may have been the result of one traumatic accident at work. Whatever the case, you may have a Florida workers’ compensation claim for your lifting injuries.
If you got hurt at work as a result of a lifting accident, you should be entitled to workers’ compensation benefits. Call the Law Offices of David Benenfeld and talk with an experienced Fort Lauderdale work accident attorney today in a free consultation at (954) 677-0155. You will get your legal questions answered and find out more about your rights by calling today.
I Was Injured When My Head Was Hit By Falling Debris. My Contractor Didn't Provide Me With A Hard Hat. Is He Liable?
Your employer should want you to wear a hard hat in order to reduce your risks of a construction head injury in Florida.
The Occupational Safety and Health Administration (OSHA) requires that all employees wear hard hats if there is a possible danger of falling objects. The hard hat must meet the American National Standard for Personnel Protection or the American National Standard for Industrial Head Protection requirements.
Additionally, there are many local requirements that specify when hard hats are necessary to wear. If you have suffered a construction injury in South Florida, please contact a skilled Fort Lauderdale work accident attorney to find out your rights under Florida worker’s compensation laws.
Our construction accident attorneys can give you more information about your legal rights to recovery in a free discussion on your case. Please call the Law Offices of David Benenfeld at (954) 677-0155 to schedule your appointment today.
I Was Injured On The Job Recently And Just Found Out I'll Be Receiving Workers' Compensation Benefits. When Will I Get My First Check? Do I Pay The Medical Bills And Then Get Reimbursed After? Will I Have To Pay Income Tax?
- Under Florida Statutes Section 440.20: You should receive your first check within 21 days of reporting the injury to your employer. If you don’t receive your check, it is vital to contact a skilled Sunrise Workers’ Compensation Attorney.
- Employees must be seen by medical professionals through workers’ compensation. You will not be treated by your personal doctor. Additionally, you will not need to put up any money up front. Instead, all expenses will be paid directly through your workers’ compensation insurance.
- Employees who collect workers’ compensation benefits do not pay income tax. But, if you return to work part time or on lighter duty, you will need to pay taxes on those wages earned during employment.
Contact the Law Offices of David Benenfeld for the answers to questions about workman’s compensation benefits.
Is There Job Security If I File A Florida Workers' Compensation Claim?
Answer: Absolutely not! Florida workers’ compensation law does not allow an employer to fire and employee who files a workers’ compensation claim.
Any time you have been injured in an accident at your work, or have been diagnosed with an illness related to your job, you must report this to your employer.
Once you have reported your injury, illness or disease, your employer has one week to report the accident to their insurance company. You may also report the injury or accident to your employer’s insurance after a week.
It is advisable to contact a Florida worker’s compensation attorney to see what your rights are. Sometimes things are overlooked that a qualified Broward County workers’ compensation lawyer can spot.
Contact the Law Office of David Benenfeld for a free consultation and review of your case. There may be additional compensation that you can receive after a thorough review.
Is There A Specific Time Period To File A Workers Compensation Claim In Florida?
A: Filing a workers’ compensation claim can be overwhelming, especially trying to deal with it while you are injured and in pain. You do have up to 30 days to tell your employer that you were injured, but the first thing you should do is contact a skilled Sunrise workers’ compensation attorney who will be able to point you in the right direction to get evaluated with the right medical providers.
Your lawyer will also be able to help you complete the correct forms and attach the correct medical proof for the insurance company to review your claim. If the forms and supporting evidence isn’t done correctly, then your request for workers’ compensation can be denied. This is why it is extremely important to have an experienced work injury lawyer involved in your case as these claims can be complicated.
If your claim is denied, you have a right to appeal the decision and file a Petition for Benefits under the Florida workers’ comp law. When you fill out a Petition for Benefits, you have to make sure you are submitting it within the two year filing period; however, there are exceptions to this time frame that your lawyer can discuss with you.
Call an experienced Sunrise workers’ compensation lawyer at the Law Offices of David Benenfeld at (954) 677-0155 today, for a free consultation.
We also have a FREE report that will help educate you and empower you during this difficult time: Hurt on the Job in Florida – What are My Rights?
Is Psychological Harassment Cause For Medical Leave And Workers' Compensation?
Broward County employees who wrestle with a co-worker or boss who is repeatedly verbally abusive or hostile can sometimes warrant the need to take time off from work for a psychological mental leave. Depending on the case, employees may receive worker’s compensation if it is determined by a doctor that the patient is unable to perform his or her duties in a safe environment.
Bosses or co-workers may turn to bullying an employee, which is completely intolerable via OSHA’s standards for providing a safe environment. Medical reports prove that continuous psychological harassment in the workplace can cause severe anguish or exasperate an illness or injury. In these cases, an employee may submit a Florida workers’ compensation claim for lost wages.
In fact, a recent study showed that workplace bullying occurs in one out of every six employees. Almost 25% of employers have witnessed some form of bullying during any given day. Almost 40% of bullies are identified as the boss or employer, and over 55% of the victims were the employees.
If you have been a victim of workplace bullying and have needed time off from work, it is essential to speak with a skilled Broward County Workers’ Compensation Attorney who understands the complexity of this issue.
Call Law Office of David Benenfeld for a FREE consultation to help you with your claim. Call: (954) 677-0155.
I Was Seriously Injured In A Scaffolding Accident When The Planking Gave Way? Am I Eligible For Workers' Compensation Benefits?
Sadly, scaffolding accidents make up a large percentage of construction accidents. In fact, a study by the Bureau of Labor and Statistics found that 72 percent of injured workers in scaffold accidents said the accidents occurred as a result of the planking or support giving way.
All workers, even those who use scaffolds, have the right to a safe workplace. Employers are supposed to provide their workers with safe working conditions that are free of dangers, according to OSHA. When they don’t or the equipment gives way, workers can fall from scaffolding and suffer serious injuries including:
- broken bones
- internal injuries
- spinal cord injuries
- head injuries
After suffering an injury as a result of a scaffolding accident in Fort Lauderdale, you will need compensation for your medical bills, lost earnings, pain and suffering and other damages. While you may have a Florida workers’ compensation claim to receive some of these benefits, you might also have a claim against the scaffolding company, a co-worker, subcontractor, or even the owner of the building.
To find out how to pursue your injury claim in order to get the most compensation possible, contact the Law Office of David Benenfeld. You will get to speak with an experienced Fort Lauderdale injury attorney who can answer your questions in a free consultation today at (954) 677-0155.
In A Florida Slip And Fall Accident On The Job, What Happens If It Was Caused By The Employee's Carelessness?
Florida employees who are injured from a slip and fall accident on the job are entitled to worker’s compensation based on negligence. If it is proven that the employer did not maintain the property’s safety, then the employer is held responsible for “negligence”.
To determine if an employee’s carelessness caused the slip and fall accident, an insurance adjuster will likely ask these questions:
- Did the employee have a legitimate reason for being in the hazardous area?
- If someone was trying to be careful, would they have noticed the hazardous area and avoided it, to prevent the slip and fall accident?
- Did the employer post any warnings that the area was dangerous?
- Was the employee distracted in a manner that may have caused him fall?
Contact David Benenfeld, a skilled Broward County Worker’s Compensation Attorney after suffering slip and fall injuries on the job.
I Have Been A Broward County Plumber For Over 10 Years And My Wife Tells Me I Am Starting To Go Deaf. Are Employers Required To Cover Any Workers' Compensation For Occupational Hearing Loss Or Am I Supposed To Accept This As 'Part Of The Job'?
Almost half of all plumbers report some form of occupational hearing loss caused by the nature of their job. Employees who work in construction, farming, military, and machinery are also prime targets for hearing loss.
To answer your question, yes, Florida employers are required to provide workers’ compensation insurance to their employees. According to Florida’s Division of Workers’ Compensation, plumbers are considered part of the construction agency. The law states that if employers of the construction industry has (1) or more employees (including themselves), then they are required to carry workers’ compensation coverage.
If you or a loved one has suffered occupational hearing loss, it is vital to contact a skilled Florida workers’ compensation attorney who understands the intricacy of dealing with large insurance companies that have a knack for protecting their own interests, not the employee’s. Contact the Law Office of David Benenfeld for a FREE consultation to help you with your claim. Call: (954) 677-0155.
If I Do Get Hurt On The Job, What Must I Do To Protect My Rights Under Workers' Compensation Law?
A: You need to report the accident immediately to your superior so that you may immediately begin to receive the benefits you are entitled to under Workers’ Compensation law. Your employer, by the same token, has a legal duty to complete a First Report of Injury of Illness and file it with the Division of Workers’ Compensation. When this occurs, you should ask you employer for a copy of this document, and you should also ask you employer for an authorized medical care provider. You should also ask you employer for lost wages, should the authorized medical provider indicate to you that you cannot work. Should the authorized medical provider place you on light-duty work status, and should your employer not have work available for you within your limitations, you should also request that monetary benefits be provided to you.
Contact us at the Law Office of David Benenfeld for help filing for benefits. We offer a free case evaluation.
I Fell From A Height At Work. I Suffered Broken Bones, But Now My Knee Is Hurting. Is It Possible That A Knee Injury May Not Have Shown Up Right Away? If So, What Should I Do To Get The Necessary Workers' Comp Benefits?
Yes, sometimes knee injuries and even other injuries, for that matter, may take a while to show up. This could be due to the swelling in the area or because your body was going off of adrenaline. Whatever the reason is, if you are having knee pain now, you need to seek medical treatment immediately.
It is also important that you do not sign any paperwork or accept a final offer of compensation until you know the full extent of your injuries and how long you will be out of work healing and recovering.
If you are experiencing any of these signs and symptoms of knee injuries, then you need to see your primary care doctor or visit the emergency room as soon as possible.
- unable to weight bear
- red discoloration
- warmth in the area
When you are in front of the doctor, explain your pain relating to your Florida work accident. They may take an MRI and/or X-ray to determine if you suffered a knee injury from your fall at work.
If you suffered a torn ligament such as an ACL, MCL, LCL, or PCL injury, you may need reconstructive surgery and require time off of work to heal. Often, employers do not understand how much time is needed to heal properly from knee injuries and they may pressure you to come back to work.
To protect your rights and to get the compensation you need and deserve, call a skilled Broward County workers’ compensation lawyer at the Law Offices of David Benenfeld at (954) 677-0155 and receive a complimentary consultation today.
My Husband Works With Heavy Equipment On A Construction Site. Are There Ways To Prevent Accidents Involving Heavy Equipment?
Yes. There are many ways to prevent heavy equipment accidents on construction sites. Unfortunately, many accidents on construction work sites involving heavy equipment occur because processes aren’t followed, safety standards are ignored, and people cut corners.
In order to reduce heavy equipment accidents, construction workers should do the following things:
- Always lower loader attachments such as buckets, dump bodies, and bulldozer and scraper blades when not using the equipment
- Always leave the controls in neutral when equipment is not in use
- Inspect the braking system
- Always set the parking brake when parking the equipment
- All workers in the vicinity should wear bright colored clothing
- Barricades and signs should be used to warn others of the work
Employers should make sure the equipment is inspected regularly and maintained. Additionally, contractors or the equipment owners should make sure that anyone who uses the equipment is trained and that the vehicle’s rated load or lift capacity is not exceeded.
Although these steps and tips should be followed on a construction site, sometimes workers cut corners or contractors fail to follow safety standards. If your husband is injured in a heavy equipment construction accident in Florida, he should contact a skilled Fort Lauderdale workers’ comp attorney. You can reach the Law Offices of David Benenfeld at (954) 677-0155 for a free consultation today.
How To Know If You Are Eligible For Workers' Compensation In Florida?
Answer: A workers’ compensation claim in South Florida can be filed if a person is injured on the job.
There are many different types of injuries that can occur. These include:
- Carpal tunnel syndrome can occur from typing all day.
- Neck and back strains can be caused by working at the computer all day.
- Tripping and falling can take place anywhere at work.
- Fumes that are hazardous can be breathed at the workplace.
It is important that you work with an experienced Sunrise workers’ compensation attorney. Preparation of paperwork and reports must be filed correctly to insure you are properly compensated.
You can receive a FREE special report: Hurt on the Job in Florida – What are My rights? This complimentary report will help you understand more about your rights under Florida’s workers’ compensation laws.
Contact an experienced Sunrise workers’ compensation attorney at the Law Office of David Benenfeld for a FREE consultation. Call: (954) 677-0155.
How Do Most People Get Injured On The Job? What Types Of Jobs Cause The Most Injuries?
Apart from getting squished in a piece of machinery, most employees in South Florida are injured by a slip and fall accident. According to the federal government over one million individuals slip and fall annually. And of that one million, over 300,000 employees incur fall injuries at work every year. The National Safety Council reports that 50% of fall victims never return to their prior level of mobility and independence. The Department of Labor listed the industries below known to carry the highest risk for employees having fall accidents on the job.
- Building Construction
- Building Contractors
- Freight Trucking
- Food Services
- Nursing Care
South Florida employees who fall at work and become injured are eligible for Florida worker’s compensation benefits. Call David Benenfeld now at (954) 677-0155.
For Over Two Years I Have Been Struggling With Back Pain. I Have Been Diagnosed With A Herniated Disc. The Pain Is So Bad, And No Treatment Has Helped. I Have Been Unable To Work For The Past Several Months. Am I Eligible For Disability Benefits?
A: There are several things that the Social Security Administration looks for when reviewing a person’s eligibility to receive disability benefits.
A person suffering with a herniated disc depending on the severity of it may qualify for the Social Security disability program.
The Social Security Administration follows many guidelines in determining their decision on who qualifies for disability benefits.
One of the main things the Social Security Administration is looking for is your medical records. Your records will reveal all of your medical reports including x-rays, MRI’s and CT scans. Also in the report it should reveal what treatments you have had and what the outcome was.
When the Social Security Administration concludes their investigation and it has been proven that you are no longer able to work, disability benefits may be awarded.
The process is lengthy and detailed. It is important that you have an experienced Florida Social Security disability attorney review your case and help you get your claim approved. Contact Attorney David M. Benenfeld to discuss whether or not you have a case for SS disability. If you do, we can help you file the paperwork and get the compensation you deserve.
How Can I Find The Right Lawyer For My Workers' Comp Claim In Florida?
If you have a workers’ comp claim in Florida, it is important that you speak with an attorney about your claim. In fact, you should plan on speaking with a couple lawyers in order to find the right attorney for your case. Most attorneys have free initial consultations, so it is in your best interest to take them up on that and ask plenty of questions.
When meeting with lawyers to potentially take your case, it is wise to ask them if they have experience with similar cases. You don’t want a lawyer who doesn’t have experience handling workers’ comp cases working on your claim. Additionally, it will benefit your case to have an attorney who also has experience with personal injury claims. Don’t be afraid to ask a lawyer about his experience and past cases and results.
You will be able to tell a lot about an attorney by meeting with him and asking questions. For a free case consultation with a South Florida workers’ comp lawyer, contact the Law Offices of David Benenfeld at (954) 677-0155 today.
What Does An Effective Return To Work Policy Look Like Following An On The Job Injury That Resulted In Workers' Comp?
After being off of work due to your injury, it may be hard to transition back to full-time work again. This is why it is in your best interest that there is a return to work policy in place. This will include:
- Open dialogue with your employer in which you tell your employer once you reach maximum medical improvement (MMI) and are able to return to work.
- Communication about your injuries so that your employer understands your limitations.
- Transition period where you will be allowed to perform light duty work to accommodate for any physical limitation, if still present, before returning to your normal duties.
Because work injuries can take many months to heal and a worker could still be in pain even though he or she has been cleared by a doctor to return to work, a return to work policy can help the transition period if an employer is willing to understand the injuries, physical limitations and provide injured workers with duties that are doable until they can return to their normal full-time duties.
Because some employers don’t want to work with their employees on a return to work plan, some injured workers may be asked to perform work that they are physically not cleared for. For this reason, a South Florida workers’ comp attorney should be contacted.
If you need legal advice following a Florida on the job injury, contact the Law Offices of David Benenfeld at (954) 677-0155 for a free consultation today.
Do Respiratory Problems Qualify For Workers' Compensation In Florida?
Answer: Workers’ compensation is a system provided to help you recover benefits for injuries that occur on the job. Workers’ compensation is a no-fault system. In other words, to the insurance company, it doesn’t matter who caused the injury, accident, or sickness. Benefits are provided to the employee regardless of fault.
Broward County employees frequently develop respiratory problems from being exposed to harmful substances within the workplace. Most employees assume they have to have a physical injury, such as a severe burn or broken leg, in order to qualify for workers’ compensation.
However, employees who develop respiratory problems caused by their job may also qualify for workers’ compensation benefits. Still, often the employer or insurance company does not easily cooperate with the employee. The individual can easily feel like he or she is getting the run around without having the benefit of relying on a skilled advocate. In many cases, it becomes essential to contact a Broward County Workers’ Compensation Attorney who specializes in respiratory problems.
Contact the Law Office of David Benenfeld for a FREE consultation to help you with your claim. Call: (954) 677-0155.
The Doctor Said I Have A Cervical Spine Injury. Is That Covered By Florida Workers' Compensation?
A cervical spine injury is a term doctors use when referring to neck injuries. There are many different types of neck injuries that can range from minor injuries to disabling injuries. If you have suffered pain or any type of issue with your neck that prevents you from doing your job or seriously limits your ability to work, you should receive Florida workers’ compensation benefits.
If you suffered a neck injury on the job, you most likely were injured in a one-time accident or you may have suffered long term wear and tear as a result of repetitive stress motions. In either case, Florida workers’ compensation benefits should cover the injuries you suffered on the job.
When neck injuries occur, workers often suffer injuries to nearby body parts such as their heads, shoulders, backs and spinal cords. If you have suffered a neck injury at work, it is very important to make sure your doctor examines you thoroughly to make sure you also aren’t suffering from any of these injuries:
- pinched nerve
- herniated disc injury
- severe muscle strain
- discogenic back pain
- spinal cord injury
Depending on your specific diagnosis will determine how much compensation you will receive. To find out how much your claim is worth or what compensation you are entitled to, contact a skilled Fort Lauderdale workers’ compensation lawyer at the Law Offices of David Benenfeld. You can reach our office at (954) 677-0155 for a free consultation today.
Can I Still Collect Workers' Compensation Even If I Wasn't Wearing My Hard Hat At The Time Of The Accident?
Yes. When a work accident occurs—no matter who is at fault—an injured worker can receive workers’ compensation benefits in Florida, so long as your employer has workers’ compensation coverage. Construction workers and other types of employees frequently collect these benefits to cover their medical expenses, wage loss, rehabilitation, and other damages as a result of their work injury.
Although your company may have provided personal protective equipment such as a hard hat and told you to wear it, and it is your job to follow safety procedures and use the protective equipment they provide and the job requires, workers’ comp benefits in Florida are still paid to employees whose injuries are the result of their own haste and inattentiveness.
Sometimes employers try to get out of paying benefits by blaming employees or stating their willful misconduct caused the accident. If you are having a difficult time getting the benefits you deserve following your South Florida work injury, you should speak with an experienced Broward County workers’ compensation attorney about your specific situation.
To find out more about your rights to workers’ comp benefits, the Law Offices of David Benenfeld is pleased to offer you a free consultation to answer your questions and review your specific incident with you. Contact us today at (954) 677-0155.
Can Someone Be Fired For Reporting A Workers' Compensation Claim In Florida?
Question: Can someone be fired for reporting a workers’ compensation claim in Florida?
Answer: The state of Florida does not appoint blame to job-related injuries and accidents. Nonetheless, in today’s economy, often employees are shy of reporting injuries within the workplace because they fear getting fired.
Florida employers are not permitted to terminate employees due to their workers’ compensation claim. In fact, if the employer attempts to do so, they will likely face a civil liability lawsuit for wrongful termination.
If, however, employees voluntarily leave their jobs while receiving medical treatment for their workers’ compensation claims, then it is likely that they could face adverse consequences that affect their job security.
It often becomes essential for an employee to protect his or her job after filing a workers’ compensation claim. In this case, contact the Law Office of David Benenfeld for a FREE consultation to help you with your claim. Call: (954) 677-0155 to seek help from a skilled Sunrise Workers’ Compensation Attorney.
Can My Employer Fire Me If I Cannot Return To Work Due To Being Injured On The Job?
Assuming you filed a worker’s compensation claim, your employer cannot fire you. Under Florida law, your employer could face civil liability if they attempt to fire you based on your worker’s compensation claim. If a medical doctor determines that you are not able to return to that type of work, then the state of Florida provides, at no cost to you, reemployment services that include formal retraining, job placement, and on-the-job training.
It is crucial to seek skilled advice from a Florida worker’s compensation attorney who knows the system and is able to suitably advocate for your specific medical and employment needs. Contact the Law Offices of David Benenfeld to find out what your legal rights are and how to receive help. Call: (954) 677-0155 to meet with a skilled worker’s compensation attorney.
Can My Employer Be Liable For My Overexertion Injury?
A: If you were injured on-the-job in Florida due to an overexertion injury and your employer has Florida workers’ compensation coverage, you may be covered for injuries. To find out the benefits that you are entitled to, you need to contact a skilled Florida work injury lawyer to discuss your workers’ comp claim.
If your employer doesn’t have workers’ compensation coverage and you suffered an overexertion injury at work due to their negligence, then your employer may be held liable for your injuries through a civil lawsuit. Also, if your employer failed to train you properly or provide a safe work environment, you can also hold them accountable for your Florida work injury.
For more information about your specific work injury case, please call a skilled South Florida work injury lawyer at the Law Office of David Benenfeld at (954) 677-0155 to schedule a free legal consultation. We will also give you a FREE copy of our book: Hurt on the Job in Florida – What are my Rights?
Can My Boss Fire Me For Filing A Workers Compensation Claim After I Was Hurt On The Job?
A: Technically, it is against the law for an employer to fire you because you filed a Florida workers’ comp claim. Employers are not supposed to discriminate against a hurt employee who even attempts to file a workers’ compensation claim.
If you can prove that your boss fired you because you filed a workers’ compensation claim, then you may be able to file a civil lawsuit against your boss to seek damages. Even if you employer forced you to resign due to your injuries, you may still have a legal case against your boss.
Work-related injuries involving workers’ compensation cases can be tricky. It is a good idea to have help from a knowledgeable Sunrise workers’ compensation attorney. Call an experienced South Florida workers’ compensation lawyer at the Law Offices of David Benenfeld at (954) 677-0155 today, for a free consultation.
Order our insightful FREE report that will help educate you and empower you during this stressful process: Hurt on the Job in Florida – What are My Rights? This complimentary report will provide you with information about your rights under Florida workers’ compensation laws.
Can I Receive Florida Workers Compensation Benefits Along With Social Security Disability Benefits Or Unemployment Benefits?
A: You may be able to receive both Florida workers’ compensation benefits and Social Security Disability benefits, though one of your two payments may go down so that your combined benefits do not exceed 80 percent of your pre-injury wage. However, you cannot receive both Florida workers’ compensation and unemployment benefits. Why? You must be physically able to work, available to work, and seeking work when receiving unemployment benefits. Do you still have questions about your South Florida workers’ compensation claim? Contact the Office of David M. Benenfeld and speak to an experienced FL workers’ comp lawyer today.
What Can An Injured Hotel Worker Expect From Your Law Firm When Hiring You For A Workers' Comp Case?
When injured hotel workers in Florida need an attorney, it is important to know what each law firm and lawyer can offer. The Law Office of David Benenfeld has successfully helped and represented many injured workers in Florida, and can offer you the following:
- Free consultation. When a workplace injury occurs, you will often have many questions that you need answered. We will meet with you and answer your questions and help you protect your interests.
- Personalized attention. When you choose to work with our law firm, you and your case will get the attention that you deserve.
- Accessibility. When you work with our law office, you will be in constant contact with our office staff and attorney. If we are in court, you will receive a return phone call as soon as possible.
- Knowledge and experience. Florida workers’ comp cases can be complicated, and it is important to have a lawyer on your side who has the knowledge and experience to win your case.
By choosing the Law Office of David Benenfeld, you will have the best possible chance of getting the benefits and compensation that you deserve. Call for a free consultation and let us protect your rights. You can receive a free consultation simply by calling (954) 677-0155 today.
Can I Lose My Job For Filing A Florida Workers Compensation Claim?
A: It is absolutely against Florida law for an employer to fire an employee who files a workers’ comp claim. After you are injured in a worker accident, or after you are diagnosed with a condition or illness related to your job, you should report your injury or disease to your employer. Your employer then has one week to report the worker accident and injury to their insurance company. After a week, you may report your on-the-job accident and injury to your employer’s insurance company. You may also consider contacting the Florida Employee Assistance Office (EAO) or a Sunrise workers’ compensation attorney.
If you’ve been injured on the job, contact our offices to schedule a free legal consultation. We can help you get the benefits you deserve.
Can I File A Workers' Comp Claim As Well As A Product Liability Lawsuit For My Work Injury?
You sure can. If you were injured by a defective product, machinery, equipment, tool, or heavy-equipment on-the-job in Florida, you can sue for damages. You may have been told by your employer that the only compensation you will receive is through your employer’s workers’ compensation. While this is true for your employer’s involvement, you also can bring a product liability lawsuit against the manufacturer of the product.
When a piece of machinery failed to work property, the manufacturer of the equipment can be held liable if they knew about the danger, or if the product was designed or manufactured poorly, or if they failed to warn users about potential dangers. If any of these things can be established, then you should have a products liability lawsuit against the manufacturer, designer or responsible party involved, separate from your worker’s compensation claim.
A Florida workers’ comp claim and a product defect lawsuit are two separate claims and cases; however, one attorney can handle both of them for you to ensure that you receive the maximum compensation possible for things like your medical expenses, future medical bills, lost wages, future lost income, and pain and suffering.
To find out more about your rights to both types of claims, call a skilled Fort Lauderdale workers’ compensation lawyer at the Law Offices of David Benenfeld at (954) 677-0155 and receive a free consultation today.
Can I Collect Workers' Compensation Benefits If I Wasn't Actually Injured At My Workplace?
- Injury during business travel
- Injury during work-related errand
- Injury during work-related social event
Under workers’ compensation, employees are entitled to benefits even when the work-related injury is caused by their own carelessness, that of another employee, or the employer. Employees may, however, be disqualified if the injury was caused by the person’s own violence, such as starting a fight or committing a serious crime.
If an employer retaliates against an employee for filing a Florida workers’ compensation claim, then the employer can be held liable. Contact the Law Office of David Benenfeldfor a FREE consultation with a skilled Broward County workers’ compensation attorney at (954) 677-0155.
How Can Hand Injuries In The Industrial Industry Be Reduced?
According to the U.S. Bureau of Labor Statistics, 140,460 hand injuries on the job were reported by employers in 2011. While not all of these hand injuries occurred in the industrial industry, injuries to the hand, wrist, and fingers are a common injury that impacts workers in this field.
In order to reduce hand injuries, employers need to do the following:
- Assess their operations risks
- Provide appropriate gloves to workers
- Use engineering controls and guards in conjunction with gloves
- Ensure employees are trained on safe practices
It is important that employers don’t provide workers with just any type of glove. Specific jobs need specific gloves. When gloves are too bulky, inadequate, not comfortable, too loose, or don’t have the right grip, the glove doesn’t meet the job requirements and may result in reduced productivity and on the job injuries.
When employers do supply the appropriate gloves to employees, workers also need to do their part to reduce hand injuries, such as:
- Pay attention in training
- Always wear the appropriate gloves for the job
- Inform managers if their gloves have ripped or are damaged
Reducing hand injuries at work in Florida is everyone’s job. However, if you suffered a hand, finger, or wrist injury at work—no matter whose fault it is—you may be entitled to workers’ compensation benefits. To find out about what type of compensation you may be entitled to, contact the Law Office of David Benenfeld to speak with a Fort Lauderdale workers’ compensation attorney in a free consultation today at (954) 677-0155.
I Have Bicep Tendonitis As A Result Of The Repeated Reaching I Do On The Job. Can I Get Workers' Comp Benefits For This Type Of Injury?
When a job requires heavy lifting, overhead activities, repeated reaching or other repetitive motions, it can put a lot of stress on your arms and shoulders. Unfortunately, bicep tendonitis or a torn bicep tendon can be the result of your work activities.
If you are unable to perform your job due to your injury, you may need treatment for your tendonitis in your arm. As a result, you may qualify for workers’ compensation benefits in Florida.
If your job-related duties caused you to develop bicep tendonitis, you should qualify to receive workers’ comp benefits. In order to get those benefits, you need to seek medical treatment as soon as your injury surfaces and you should tell your employer about your injury as soon as possible.
You will need to follow your doctor’s orders in order to make recovery and return to work. In the meantime, your medical expenses and lost income should be covered by Florida workers’ comp benefits. However, sometimes, employers and their insurance companies will deny tendonitis claims and blame the injury on something that wasn’t work-related.
For this reason, it is wise to have a lawyer skilled in Florida workers’ comp claims to help you navigate your way through the claims process. To learn more about workers’ compensation benefits in Florida, contact the Law Offices of David Benenfeld at (954) 677-0155 for a complimentary consultation today.
Are There Other Benefits I Can Receive Besides Medical Benefits Following My Work-Related Accident That Left Me A Quadriplegic?
When a workplace accident causes a permanent injury such as paralysis, a victim will be entitled to many benefits. Of course, workers’ comp benefits in Florida will provide paralysis victims with the following:
- Medical benefits
- Temporary total disability benefits
- Permanent partial disability benefits
When quadriplegia occurs, victims of these serious workplace accidents should be entitled to other benefits such as Social Security Disability benefits. Additionally, if your workplace accident was caused by a third party, you may also have a claim for additional benefits against the third party.
In order to determine all the benefits you are entitled to following a workplace injury, you should speak with an experienced Sunrise workers’ compensation attorney to maximize the value of your claim. At the Law Offices of David Benenfeld, we have the experience you are looking for and can help to ensure your interests are protected and that you are getting full access to all the benefits you deserve. Contact us for a free consultation at (954) 677-0155.