Orlando Workers’ Compensation Lawyer

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How Can An Orlando Workers’ Compensation Lawyer Assist You?

Workers’ compensation programs and laws do not exist to put the employer or company of an employee injured on the job at fault. In fact, these programs and laws are designed to do just the opposite. They are designed and enacted to reduce the litigation and costs associated with injured workers, decrease tensions between employees and employers, and reduce the need to prove culpability on the part of the employer.

That said, it is not always so simple to file for and receive worker’s compensation. Speak with Orlando Workers’ Compensation Lawyers who understand businesses and insurance providers. They will work to simplify the complexities involved with this form of litigation. 

What is the Workers’ Compensation Program?

In most cases of a job injury, employees have the right to medical care and compensation for their injury or condition as well as for any temporary or lasting disabilities. In Orlando, as in the rest of Florida, workers’ compensation laws typically cover all aspects of the injured person’s lost wages while they are unable to work.

Orlando Workers Compensation LawyerThe laws also cover the long-term ramifications of a workplace injury, including the potential for death benefits for immediate family members, if a worker dies in and as a result of the conduct of his employment. Sadly, many workers either are denied workers’ compensation benefits or must wait for extended periods, only to receive less money than they deserve.

Having legal help for your workers’ compensation case is essential. While the workers’ compensation system is designed to be simpler and more streamlined than regular court procedure, it still contains many pitfalls for the unwary which can lead to the denial of benefits. Insurance carriers for employers often seek to reduce payment of claims or even avoid payment altogether. For those people who do not believe that legal experts make a difference, they need only to look at the numerous denials for those who go without representation.

Workers’ compensation is a very confusing system that is filled with loopholes and many legal ambiguities. It is difficult for an individual who is not experienced in Florida Workers’ Compensation law to understand the legal terminology and process.

The statute of limitations in Florida provides that an employee who has been injured at the workplace or in the course of employment must report the injury to the employer within 30 days after the injury happened. If the employee fails to do so then the employer has the right to decline to pay compensation. 

Different Types of Benefits Available Under the Workers’ Compensation System

There are different types of benefits available in the workers’ compensation system according to the severity of the injury. According to the provisions of Florida Statutes § 440.15, you can apply for the following benefits, when they are warranted:

  • If you have sustained a minor injury and can continue to work, but have had expenses, you may apply for benefits as having suffered a temporary partial disability.
  • If you have suffered a major injury that prevents you from working until you recover you may apply for benefits as having suffered a temporary total disability.
  • If your injury is permanent and you are unable to recover and resume your old job, yet you are doing some kind of work you may apply for benefits as having suffered permanent partial disability.
  • If you are injured severely and cannot work in any capacity, then you may apply for benefits as having suffered  permanent total disability. 

Under any of these benefits, an injured worker may be paid for medical bills, transportation charges for doctor’s visits, as well as compensated for employment  benefits like lost income, bonuses and other perks. 

What Are Some Common Workplace Injuries?

Traumatic Brain Injuries: These injuries cause damage to the head and can be caused due to premises liability, slip and fall accidents, or construction site accidents. In brain injury, an injured victim’s psychological and cognitive capabilities may be affected. 

Chronic pain: This kind of pain often occurs when an individual sustains on-the-job injuries. 

Vision Loss: Eyes are one of the most delicate parts of the human body. Many workers lose their vision as a consequence of an accident at the workplace. The worker’s vision impairment can be caused by chemical exposure, long time working in bright light, or for one of many other reasons.

Some other injuries caused at the workplace can include broken bones, carpal tunnel syndrome (CTS) or other repetitive motion injuries, spinal cord injuries, and more. A Workplace Injury Lawyer can help you if you have sustained any severe injuries during employment and want to seek compensation.

How Can Legal Guidance Make A Difference?

Hiring an Orlando Workers’ Compensation Attorney becomes a necessity when you are in dispute with the company or their insurance carrier about receiving compensation. Challenging the decision of the insurance company requires gathering ample evidence and careful preparation of the case. 

The evidence to support your case may include getting witnesses, taking depositions, and requesting independent medical examinations.

The in-depth knowledge of Florida Workers’ Compensation Law, developed by experienced attorneys in Orlando, Florida, will help you with each of these aspects. They provide you with the legal support you need in situations where:

  • The claim is denied: Workers’ compensation claims can be denied for several reasons. For instance, the insurance company might determine that the injury or illness was not work-related, or the claim was not filed in time. Since the appeal of the denial involves filing formal paperwork, using legal tools for gathering evidence, and presenting your case at a hearing, it is important to have an experienced attorney by your side.
  • The permanent disability rating is dubious: We have seen that many worker’s compensation settlements are awarded based on permanent disability ratings. When the insurance company does not agree with your doctor’s ratings, it might ask you to go for an IME (independent medical examination) with its chosen doctor. You will be paid less in benefits if the IME doctor assigns lower ratings. Legal experts can help you by making a case for a higher rating in front of the judge. A successful claim would enable you to receive higher compensation.
  • The presence of pre-existing conditions: It is an uphill battle to get the compensation you deserve if you have a pre-existing condition involving the same body part that has been injured at work. Experienced Workers’ Compensation Lawyers will help ensure that the truth prevails, and will also help you seek compensation.
  • The inability to work in the future: In the unfortunate event that you’re unable to work again, experienced lawyers will make sure to structure any award of benefits in a way that lasts well into the future.

Need Legal Help? Schedule A Free Case Evaluation With Orlando Workers’ Compensation Lawyer

With the help of Berke Law Firm, P.A., many injured employees have received the workers compensation they so desperately needed. This allowed them to get back to the life they love, to provide for themselves and their family, and to look forward to a better future. Contact our injury attorneys in Orlando for a free case review.

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