Workplace Accident Lawyer Palm Beach
As a workplace accident lawyer in Palm Beach, Florida knows, workers’ compensation and civil lawsuits in Florida are both legal protections to help protect employees if they are injured on the job. However, the two function very differently. They work through different processes and often lead to different payouts. Additionally, most people are only eligible for one or the other. These distinctions are crucial to construction workers. Construction accidents are common and as a result, construction workers may find themselves consider whether they are eligible for workers’ compensation or a civil claim. If you have suffered a work injury or illness, contact Franks, Koenig & Neuwelt to speak with a workplace accident lawyer Palm Beach workers trust.
Some Common Injuries in the Workplace
Understanding and being aware of the most common types of workplace accidents and injuries can help you avoid said injuries—and if you still wind up injured, don’t worry because a good lawyer can help with your claim.
- Slips, trips, or falls
- Strained muscles
- Being hit by falling objects
- Strain injuries due to repetition
- Crashes or collisions in vehicles
- Cuts or lacerations
- Inhaling toxic fumes
- Exposure to loud noises or bright lights
No matter your injury or claim, reach out to a Palm Beach workplace injury lawyer today.
The Difference Between Workers’ Compensation and Civil Lawsuits
These two remedies, workers’ compensation and civil lawsuits, function on different legal basis. Workers’ compensation is an insurance system that an employer pays into. Then, if one of their employees is harmed at work, the employee can file a claim. There may be a hearing to determine if the claim should be paid, but there is no attempt to assign fault for the injury. When the injured worker is ready, the parties meet to attempt to settle the case and the value is based on the workers’ compensation carrier’s exposure (what they may pay now, and in the future, for lost wages and medical care).
A civil lawsuit is an entirely different setup. In this scenario, an employee can bring legal action for their injury on the job. Unlike workers’ compensation, the entire point of the lawsuit is to assign fault for the employee’s injury. If the worker can show that someone else was at fault for their injury, then the employee is entitled to recover damages. Unlike the workers’ compensation payments, which are highly standardized, these damages will be specially calculated based on the employee’s actual injuries, as well as possible punitive and economic damamges).
A Palm Beach workplace accident lawyer can help you determine which legal action is the most appropriate for your situation.
Eligibility for Either
Under ordinary circumstances, most injuries on the job qualify for workers’ compensation, severely limiting an employee’s ability to file a civil lawsuit. However, some cases would still allow a worker to sue someone for an on-the-job injury. One such circumstance is if a third party causes the worker’s injury. This could either be something like a car accident that occurs while at work or a product liability case, like a faulty ladder that collapses. Another common scenario that allows for lawsuits related to on-the-job injuries is when an employer places a worker at a jobsite where there are other companies doing work and one of their workers causes an injury.
Construction workers, delivery drivers, traveling nurses, and many other workers are placed in situations where they may be exposed to the negligence of others. Civil lawsuits are available under laws separate and apart from worker’s compensation laws.
If you have recently been injured in a construction site accident and would like to understand your options better, contact a Palm Beach workplace accident lawyer from Franks, Koenig & Neuwelt today. Our team of professionals stands ready to help you understand your legal rights.
What Makes You a Contractor or Employee?
A contractor and an employee are very different in terms of how the IRS and other legal companies identify them. Worker’s compensation laws look at these types of legal categories too.
Contractors are defined differently that direct employees. However. What your employer tells you does not mean how they classify you is how the law classifies you.
Many times, an employer will pay a worker as a 1099 independent contractor. That does not make the worker an independent contractor under the law. An employee has legal rights regarding job protection, works a set number of hours a week, is paid a regular wage, receives benefits, has taxes withheld by their employer, and their employer wholly dictates their work schedule. Full-time employees receive even more protections, such as severance, workers’ comp, anti-discrimination protections, and they have more job security.
But just because you might not get everything a “full time” employee gets doesn’t mean you are not entitled to workers’ compensation benefits under state work comp law.
Should a contractor be injured on a worksite, though, reach out to a Palm Beach workplace accident lawyer from Franks, Koenig & Neuwelt to discuss whether a civil lawsuit or workers’ comp claim would better benefit you. For every injury, there’s a way to get compensation; you need the right lawyer at your side to help you do it.
If you are an employee, the process is a little more straightforward because you have worker comp rights built into the work system you are part of. But that doesn’t mean it’ll be any easier to get workers’ comp or a civil lawsuit claim filed. You’ll, once again, want a Palm Beach workplace accident lawyer to help you with your case. A good lawyer with enough experience is going to have handled everything at least once, and there’ll be fewer surprises for you—or your lawyer—if you start working with someone you trust.
Franks, Koenig & Neuwelt are prepared to provide the best service they can to their clients, whether you are a contractor, a part-time worker, or a full-time employee that’s having trouble after a workplace accident that led to an injury.
Workplace Accident Lawyer Palm Beach
Suffering an injury while doing your job may be so impactful that you need to rely on a workplace accident lawyer in Palm Beach. Unfortunately, accidents in the workplace can be all too common, resulting in injuries that can be severe, even impacting a person’s ability to continue earning a living. While in most cases, workers’ compensation should manage a portion of your losses, when there are complications, medical bills may go unpaid. This can be incredibly stressful, and knowing who to turn to can quickly become overwhelming. However, when you notice certain complications with the process, it’s imperative to reach out to the Law Offices of Franks, Koenig & Neuwelt for assistance.
Are Workplace Accidents Prevalent?
An accident in the workplace can happen nearly anywhere. While it’s important to note that employers should provide a safe environment for their employees, some jobs are more hazardous than others, making the risk for accidents high. These accidents can be impactful for all parties involved. However, the employee stands to experience lost wages and physical injuries (some of which may be permanent) as a result. Among the most common ways injuries occur include:
- Motor vehicle accidents
- Slips, trips & falls
- Accidents involving heavy machinery
For many injured workers, workers’ compensation may be the most appropriate way to obtain assistance with medical expenses and a portion of lost wages from missed time away from work. Additionally, a third-party claim may also be an option if damages have been suffered. However, keep in mind, cases are not always straightforward, and complications could arise, which is why it’s a good idea to reach out to our Palm Beach, Florida workplace accident lawyer.
Know There Is a Problem and Take Action
When managing injuries and the stress surrounding a workplace accident, it’s not uncommon to be left unsure of what to do next. Complications with workers’ compensation benefits or your legal claim can be incredibly stressful. As a result, you may find that your medical bills are piling up, with no way to pay them. This is likely not the only impact injured workers, and their families will experience. As medical bills become overdue, it may be even more challenging to keep up with daily expenses due to missed time away from work. If you experience any of the following, it’s time to immediately reach out to the professionals from our team for guidance:
You Experience Adverse Action From Your Employer
If you begin having problems with your employer after the accident and experience retaliation as a result. If you are demoted or fired due to filing for workers’ comp benefits, you must protect your rights with a lawyer.
You Are Having Difficulty Accessing Your Benefits
Workers’ compensation allows workers who are injured access to medical benefits, a portion of their lost wages, and more. However, when medical expenses are not covered, it may be a sign of a more significant problem. You have a right to access these benefits after a work-related injury and, our team can help.
One of the first steps to take after a claim denial is to reach out to an experienced lawyer. In some cases, there may be a way to rectify the issue. However, at times the process can be complicated, and you may require professional help to receive the compensation you are entitled to.
Getting Help When Your Workers’ Comp Claim Is Denied
If you have already been through the workers’ compensation process, getting a notice of denial can feel discouraging. At this point in the process, many people who were legitimately injured or made ill on the job may look at a denial letter and choose not to move forward with an appeal. However, a denied claim does not mean you do not have a shot of getting a fair appeal and your attorney can help you file this appeal, understand why it was denied in the first place, and work with you to provide evidence to refute the denial. If you would like to move forward with this appeal, reach out to our team today.
What is the notice of denial?
When you get the notice of denial, this simply means you are receiving the letter that states your workers’ compensation benefits claim has been denied. In this denial letter, they should clearly state why they are denying your benefits. This will give you the information you need to specifically refute these claims when you appeal.
What’s the next step?
The next step after receiving a denial is to reach contact an experienced workers’ compensation lawyer. We can file what is known as a “Petition for Benefits.” With this, a judge will have both you and your employer work through mediation to resolve the issue. During mediation, both you and your employer can bring forward your evidence and reasoning and the mediator can work to help you come to a solution.
In the event that mediation is also unsuccessful, you can take your case to the Judge of Compensation Claims. During this time, evidence is introduced in court from both sides and a judge will make the final decision as to whether you should be awarded workers’ compensation claim benefits.
What You Can Do For Your Appeal
The best tools you can have are solid medical records discussing your injuries and their treatment plans and an attorney by your side who can guide you through the appeals process. Remember, an initially denied claim is not the end of the road. If you would like to work with our team of attorneys, give our office a call today.
We know that the time following a work-related accident can be rife with unknowns, and the emotional toll can be significant for you and your family. You deserve help from the Law Offices of Franks, Koenig & Neuwelt when you need it the most. Please schedule a consultation with our Palm Beach workplace accident lawyer before it’s too late.