An On the Job Injury Attorney Palm Beach Gardens Residents Trust Discusses Workers’ Compensation
Have you been injured on the job? Do you have an illness that you believe is work-related? If so, you may have medical bills piling up, you may have missed work and lost pay, and you may not be able to afford the medical treatment or rehabilitation that is necessary to get back to your normal routine.
If this sounds like your situation, you may be considering filing a workers’ compensation claim. If this is the first time that you have experienced a work-related injury or illness, you may not know where to begin. The Palm Beach Gardens attorneys at the Law Offices of Franks, Koenig & Neuwelt are here to help.
The attorneys at the Law Offices of Franks, Koenig & Neuwelt have over 80 years of combined experience helping people just like you file workers’ compensation claims so that they can claim the benefits that are rightfully theirs. Each on the job injury attorney from our firm provides competent and professional representation and they may be able to help you.
The following are some basic factors a Palm Beach Gardens on the job injury attorney will evaluate to determine whether you will qualify for workers’ compensation benefits from your employer:
Does your employer have to carry workers’ compensation insurance?
Workers’ compensation is a type of insurance that state law requires most employers to carry. Whether your employer has to carry the insurance depends on how many workers they employ, among other things, and the specific requirements can vary by state. If you are a federal employee, your workers’ compensation benefits will likely be specified by federal law. Typically, however, most employers are required to carry workers’ compensation insurance to pay benefits to employees who suffer a work-related injury or illness.
Do you have an injury or illness related to your work?
This can be a tricky question and the answer will depend on the facts of your case. A Palm Beach Gardens on the job injury attorney can evaluate your case and make that determination. In general, if you were injured during the course of your job, you may qualify for benefits. This is true even if you were not involved in a workplace accident. For example, if you have a repetitive stress injury that has developed over time due to your work duties, you still may qualify for workers’ compensation benefits even though there was never a specific moment you were injured.
On the other hand, if you were injured because you were intoxicated or under the influence of drugs on the job, or if you intentionally hurt yourself, you will likely not qualify for workers’ compensation.
Remember, your workplace injury can also be an illness. For example, if you have been exposed to toxic fumes at work and have developed cancer, headaches, asthma, or other respiratory problems, you may also qualify for workers’ compensation benefits.
Did you report your injury in a timely manner?
If you have been injured on the job, or if you have been diagnosed with a work-related illness, you should report your injury or illness to your employer right away. State law has set a definitive period of time within which you must report your injury or illness or risk losing your benefits. Don’t wait, report your injury right away.
Each on the job injury attorney from the Law Offices of Franks, Koenig & Neuwelt can evaluate your case and determine whether you have a valid workers’ compensation claim. They can also assist you with preparing your claim paperwork and in negotiating your benefits under your employer’s workers’ compensation policy.
I am being threatened by my employer for pursuing workers’ compensation?
In most states, if not all, it is illegal for an employer to retaliate against an employee who became injured or ill on the job and chose to pursue workers’ compensation benefits. If you’ve been threatened by your employer, or otherwise intimidated in any way, it is advisable that you consult a workers’ compensation lawyer as soon as possible.
While each state has their own workers’ compensation laws, many are similar. Part of these laws include the mandatory requirement for employers to have insurance coverage for their employees who become ill or injured while working.
The Cost of Workers’ Compensation Insurance
An employer will be responsible for paying the costs of workers’ compensation insurance. What they will have to pay will largely depend on their company size and its’ history of illnesses and injuries. In general, the more incidents that have been filed, the more the employer will pay for their coverage. Many employers find this as a motivation to ensure the workplace is as safe as possible; thereby limit the number of claims.
Because workers’ compensation insurance costs are based on a previous history of incidents, it is possible for an employer to ask the injured or ill employee to not file a claim. As a leading workers’ compensation lawyer, we have known many cases like this and have successfully guided clients in a way that allows them to continue to pursue benefits and protect their rights.
It is important to understand that any level of threatening, retaliating, intimidating, discriminating, or firing an employee because of claiming workers’ compensation benefits is illegal. In other words, it is prohibited by law. Not only should acts like these be reported to your local labor board and workers’ compensation board, a workers’ compensation lawyer should be sought as soon as possible.
Are Damages Available for Employer Retaliation?
As a workers’ compensation lawyer might explain to you, as long as you have the right to recover workers’ compensation benefits, you can recover them after suffering an illness or injury that is work-related. If your employer retaliates against you, and you can prove this, it might be possible to file a lawsuit for damages such as:
Past wages
Future wages
Emotional distress
Punitive damages
Legal fees
More
A lawsuit of this kind is typically very challenging and often costs an employer a lot of money. Many states do not have any caps on the amount of damages that can be sought making cases like this very unfavorable to the employer.
If you believe your employer is intimidating or discriminating you want to recover your workers’ compensation benefits, call a workers’ compensation lawyer now.
Let an on the job injury attorney Palm Beach Gardens clients recommend from our firm help you by giving you time to recuperate while we do all the heavy lifting. Call today to set up a free case evaluation.
