Palm Beach Gardens Workers Compensation Lawyer
Working in an Unsafe Environment
An experienced workers compensation lawyer knows that there are certain types of hazard violations that frequently show up as the cause of work accidents. At the Law Offices of Franks, Koenig & Neuwelt, we have spent years fighting for injured workers and getting them the compensation they deserve. When one of our clients has been injured because their Palm Beach Gardens employer failed to provide a safe environment, we work diligently to fight for the benefits each client is entitled to within the law.
Keeping Workers Safe
The Occupational Safety and Health Administration (OSHA) is the federal agency that oversees worker safety in Palm Beach Gardens. The OSHA has rules and regulations for all different types of industries that employers are required to follow. If a company breaks these regulations, they can be fined by OSHA. When a worker is injured or killed because a company failed to follow the law, the fines and penalties can be harsh.
Some of the common violations that cause worker injuries include:
- Fall protection: Construction sites are some of the most dangerous job sites in the country. OSHA requires that employers provide a floor surface that is strong enough to support workers and have protection at the edges and sides of any surfaces, openings, roofs, holes, excavations, or any equipment that is at least six feet above the site’s lowest level. All workers must also be provided with proper training on how to recognize and avoid potential fall hazards and the correct use of protection equipment.
- Hazard communication: Companies must provide labeling, data sheets, and training on the dangers, proper use, and handling of all toxic substances and hazardous chemicals.
- Respiratory protection: Companies must provide respirators when necessary, as well as have a written respiratory protection program in place that provides work-specific procedures for the equipment and its intended use.
- Scaffolding: All scaffolds are required to support at least four times the maximum intended load. They must also have guardrails and other fall protection systems in place.
- Ladders: All ladders must be able to support a minimum of four times their intended load.
- Lockout/Tagout: There must be specific procedures in place to protect employees when they are conducting maintenance on a piece of equipment.
- Industrial trucks: All workers must be property trained in the use of all motorized equipment, such as hand trucks and forklifts.
- Machine guarding: All equipment must have the correct guards to protect workers from sparks, chips, and rotating parts.
- Electrical hazards: All workers must be properly trained in recognizing and avoiding electrical hazards.
Let a Workers Compensation Lawyer in Palm Beach Gardens Advocate for You
Unfortunately, there are far too many companies who do not adhere to the rules and regulations that OSHA has in place. Instead, they put profits over safety — and thousands of workers pay the price each year, suffering serious injury or death because of safety hazards.
Can I Get Fired For Filing A Workers’ Compensation Claim?
Getting injured at work can be an upsetting and scary thing, but it is important for you to know that you do have rights. One of the most important is that it is illegal for a company to fire you for getting injured or for filing a workers’ compensation claim –in almost every state.
That said, there are many things you need to know and a lawyer who specializes in dealing with workers’ compensation in the state where you live is best equipped to guide you through the process. They will know laws specific to where you live and the laws do vary from state to state.
While many companies will review the claim and then comply, there are some out there who won’t want to pay your claim and will try to find a way around it. You will need to protect yourself and here are a few things you should know and look out for after you have filed.
One of the most important to keep in mind is that filing a claim doesn’t guarantee that you can’t be fired for another reason. If your company has fallen on hard financial times and is eliminating a department, you can still be let go – or for any other reason that has nothing to do with your having filed a claim.
But how can you tell if that other reason is legitimate? There are a few things to look out for:
- Has management been making negative comments about your filing?
- How close was it to when you filed the claim?
- What was the reason given for your firing?
If it doesn’t make any sense, it might be because of your claim
If you were fired because of your claim, you do have recourse. Most are worked through the workers’ comp system, but in some states you may be eligible for even more compensation in addition to lost wages and getting your job back. In some states, you may even be able to file a lawsuit.
Here are some things you will need to prove that you were indeed fired in retaliation for filing a claim:
- You filed a claim, which is protected
- You suffered because of an action by your employer, such as termination or another change (like a demotion or a decrease in pay)
- That the employer retaliated because of your having filed the claim
- You were eligible to receive those benefits according to workers compensation law
Should you be fired soon after filing your claim and you believe you were wrongly terminated, you should probably consider filing a retaliation claim as soon as you can because some states have a very quick time limit with which you can file.
If you are worried you may be discriminated against or already have been because of a claim, you should consult with a highly regarded workers’ compensation or employment lawyer nearby. Remember, they have the knowledge you need to know about how laws regarding this work specifically within the state you live.
5 Common Myths About Workers’ Comp
Myths abound when it comes to workers’ comp injury cases. These myths could cost you hundreds or thousands of dollars if you believe them. Here are five common myths about workers’ comp.
Myth: Only a Few Types of Injuries Qualify for Workers’ Comp
Fact: Nearly all injuries qualify you for workers’ comp if you were injured in the course of doing your job. Even minor injuries may qualify you to have your medical bills and lost wages covered. Nothing dramatic like scarring or disfigurement needs to happen — an injury is an injury. Your Palm Beach Gardens workers comp lawyer at the Law Offices of Franks, Koenig & Neuwelt can help you file a workers’ comp claim.
Myth: You Can’t Contest a Workers’ Comp Decision
Fact: If your workers’ comp claim was denied, that’s not the end of the story. You can appeal the decision and potentially get a new hearing. You’ll definitely want to engage the services of a Palm Beach Gardens workers comp lawyer to help you with your case at this point. The Law Offices of Franks, Koenig & Neuwelt can aid you in your workers’ comp appeal.
Myth: You Can’t Collect Workers’ Comp Because You Work Part-time
Fact: Part-time workers are just as covered under workers’ comp as full-time workers are. It doesn’t matter if you only work one hour a week. If you sustain an injury during that hour, you are eligible for workers’ comp benefits.
Myth: You Should Wait To See if You Get Better Before I File a Workers’ Comp Claim
Fact: There is a statute of limitations for when you can file a workers’ comp claim. Depending on where you live, you could have as little as 30 days to file a workers’ comp claim. Your Palm Beach Gardens workers comp lawyer can tell you that in Florida, you have two years to file a workers’ comp claim, but that it could become harder to prove your workplace accident caused the injury you’re seeking benefits for.
Myth: You Just Started Working at a Company, so You Don’t Qualify for Workers’ Comp
Fact: If you clock in to work then immediately trip over a power cord and break your wrist, you’re covered by workers’ comp. You don’t even have to be doing your job at the time of your injury. If you’re in the cafeteria at work and slip on the wet floor, you’re eligible to receive workers’ comp benefits.
Palm Beach Gardens workers compensation lawyer
What’s the difference between workers comp lawyer vs personal injury lawyer?
Workers compensation lawyers are a type of attorney who specializes in Workers Compensation Law. Through experience, they have knowledge and understanding on how to deal with Workers Compensation claims, laws, and regulations.
In general terms, workers compensation lawyers work for an insurance company after being injured on the job whereas personal injury lawyers represent their clients directly against another party or entity that is responsible for their injuries including but not limited to car accidents or defective products. However, there are many Workers Comp Attorneys who also handle Personal Injury cases as well, which creates some overlap in areas handled by both types of attorneys. A Palm Beach Gardens workers compensation lawyer can help you determine whether you would be better served hiring a specific kind of lawyer or if you need a legal representative at all.
Can I get workers’ compensation without a lawyer?
You are allowed to file a Workers Compensation claim without an attorney; however, it is not recommended. The process can be difficult and confusing, and having an experienced Workers Comp Lawyer on your side will greatly increase your chances of receiving the benefits you deserve. Palm Beach Gardens Workers Compensation Lawyers can help guide you through the entire process, from filing your claim to negotiating with the insurance company.
How much does a worker’s compensation lawyer cost? Workers’ compensation lawyers typically do not charge any fees upfront- they only collect payment once they have successfully won or settled your case. This means that you don’t have to worry about paying anything until your Workers Compensation case has been resolved. Workers Comp Lawyers are typically paid by a percentage of the settlement, so it is in their best interest to get you the maximum amount that they possibly can for your injuries and losses through negotiations with insurance companies or litigation.
Why hire a Workers Compensation Lawyer?
Workers compensation lawyers are a type of attorney who specializes in Workers’ Compensation Law. Through experience, they have knowledge and understanding on how to deal with Workers Compensation claims, laws, and regulations.
With a Palm Beach Gardens workers compensation lawyer’s help you will be able to receive workers’ compensation benefits which include medical treatment for work-related injuries as well as lost wages if you go out sick due to injuries sustained at work- all without having to pay a cent. Workers Compensation Lawyers can also help you receive compensation for pain and suffering caused by injuries sustained at work as well as the cost of any medical treatment that is necessary to treat your injury or illness from an on-the-job accident.
A Palm Beach Gardens workers compensation lawyer usually will not charge their clients up front, they only collect payment once they have successfully won or settled your case which means that you don’t have to worry about paying anything until your Workers’ Comp has been resolved with a Palm Beach Gardens workers compensation lawyer helping guide you through the entire process from filing your claim all the way to negotiating with insurance companies.
If you have been injured on the job, you may be entitled to workers’ compensation benefits for your medical expenses and loss of income. Contact a Palm Beach Gardens workers compensation lawyer from the Law Offices of Franks, Koenig & Neuwelt today to set up a free case evaluation and find out how we may help.