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 considering 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 damages).
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.
4 Workplace Safety Myths
Workplace safety is vital to any company that wants to stay in business. Unfortunately, there are several myths going around about workplace safety. Here are four of the most egregious safety myths.
Myth: Zero Injuries Is the Only Morally Acceptable Goal in Safety
Zero injuries sounds like a laudable goal. The problem is that it’s unattainable for any significant period of time. People are people, and people get injured. They’ll trip over a power cord, slip on a wet floor or fall off a ladder. They could be crushed between two pallets, get crushed between two pallets or land under a falling excavated wall.
People are imperfect beings, and as imperfect beings, they do things imperfectly. Your workplace accident lawyer in Palm Beach can tell you that accidents will always happen, and having a goal of zero injuries is simply unrealistic.
Myth: Accidents Happen To Bad People Doing Bad Things
When a workplace accident happens, it’s easy to blame employees for their injuries. After all, they must have done something wrong to get injured. Right?
The truth is that accidents happen people doing things. Most people are doing the best they can with what they’ve got. Don’t let this myth deter you from filing a workers’ compensation case with the help of your workplace accident lawyer in Palm Beach from the Law Offices of Franks, Koenig & Neuwelt.
Myth: All Accidents Can Be Avoided
It’s true that many accidents can be avoided if proper safety procedures were followed. However, that doesn’t mean all accidents can be avoided. An employer can implement every safety measure under the sun and still have workers’ compensation claims filed due to accidents.
If your employer holds this belief and you are injured on the job, call a workplace accident lawyer in Palm Beach from the Law Offices of Franks, Koenig & Neuwelt to help you with your workers’ compensation claim.
Myth: Safety Is Our Number One Priority
In any for-profit company, safety is simply not the number one priority. The real number one priority is increasing revenue and decreasing spending to grow profits for their stakeholders.
That’s not to say companies don’t care about employee safety — of course they do. Without employees, there’s nobody to do the work that needs doing. The company would develop a reputation for not caring about their employees’ safety, and nobody would want to work there. Even worse, if word spread widely enough, nobody would want to purchase the company’s products.
6 Dangerous Workplace Incidents
Employees occupy busy work environments in droves and usually spend significant time interacting or walking around. However, an injury can occur while performing tedious actions in specific areas.
Whether handling objects or operating large machinery, accidents can happen unexpectedly. Read further to find out what types of workplace incidents typically cause injuries.
1. Slipping and Falling
Falls are one of the most widespread forms of construction injuries. Working on elevated platforms is risky due to the protection needed to prevent contractors from falling from high places. Scaffolding, cranes, rooftops, ladders, and other work-related objects endanger construction workers.
If you’ve been hurt in a fall or slipped while climbing, it would be best if you hire a workplace accident lawyer in Palm Beach to represent you.
2. Hazardous Substances
Working on a construction site can expose field workers to an array of health and physical threats. Harmful chemicals, such as fumes and gases, could be detrimental to a worker’s well-being if inhaled. Some contractors avoid mentioning their illnesses, indicating that the number of workers suffering from ailments is significantly greater. Also, if they don’t support their colleagues experiencing similar complications, their claims can be dismissed, especially during the beginning stage of an illness.
Since employees are often exposed to bioactive components, an evaluation is necessary to understand specific substances. A respiratory infection is a typical result of handling poisonous compounds and toxic elements. Being unable to breathe independently without struggling is a symptom. A workplace accident lawyer in Palm Beach specializes in representing workers affected by dust and asbestos.
3. Caught in Between Objects
When a worker’s body gets trapped between two or more objects, a caught-in/between mishap occurs. Unfortunately, the situation usually develops due to falling items, vehicle compression, or a body part lodged into equipment.
Despite how cautious workers may be, they can be caught off-guard and find themselves injured or struggling to free themselves. Law Offices of Franks, Koenig & Neuwelt represents clients who have been severely hurt after being pinned or crushed while working.
4. Defective Motor Vehicles
Accidents are a common occurrence while performing industrial duties. Not only can they ruin a contractor’s ability to work, but they are also a reason to seek a workplace accident lawyer in Palm Beach. Since heavy-duty vehicles must be used to transport substances and oversized items, workers use them to complete specific tasks.
If a driver isn’t careful or operates machinery improperly, they could crash, cause severe complications to themselves or other workers, or become a fatality. Also, some vehicles could be dangerous to drive due to a lack of maintenance, which renders them faulty and unsafe.
5. Painful Concussion
Head trauma can range from minor to severe depending on the impact of a blunt object. The most common type of injury is a concussion, which can progress to hemorrhaging and tissue damage. If a worker exhibits signs of memory loss or falls unconscious, they should be transported to a hospital. Regarding representation, it would be wise for an individual to contact Law Offices of Franks, Koenig & Neuwelt to inquire about filing a lawsuit.
As you can see, several unfortunate incidents often occur on industrial worksites. A workplace accident lawyer in Palm Beach can defend you against construction safety violations affecting your health and life.
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.
Workplace Brain Injuries
Recently, a lot of details about distressing brain injuries (typically referred to as TBIs) have spread in the news in relation to the National Football League. Numerous NFL athletes are starting to come forward with claims that they are experiencing TBI as a result of playing football. A number of scientific and medical studies straight connect participating in contact sports (particularly deal with football) to distressing brain injuries. These claims began with just a few football athletes, and the numbers are growing.
If you are a retired football player you may want to contact a workplace accident lawyer in Palm Beach.
More research studies are revealing that TBIs are a hazardous outcome of aggressive head to head contact. While much attention has actually been provided to the occasion of TBIs within the NFL, this is a typical injury that can occur in a range of situations. For this reason, it’s crucial to comprehend how a TBI can occur, what triggers this kind of injury, and how to acknowledge the signs and risks associated with terrible brain injuries.
What Causes a TBI?
A TBI is classified as a severe injury and can have enduring effects. This type of injury is triggered by a violent blow to the head. The Centers for Disease Control particularly specifies a TBI as “a disturbance in the regular function of the brain that can be triggered by a bump, blow, or jolt to the head, or penetrating head injury.” It is kept in mind that kids and older adults are specifically at risk for this kind of injury.
If you have recently taken a violent blow to the head at work you may need a workplace accident lawyer in Palm Beach.
There are many different circumstances that can lead to a TBI. Oftentimes, a TBI will emerge after an individual has actually been involved in a significant car accident, has fallen and hit their head, or has been associated with contact sports. A traumatic brain injury is the outcome of the brain hitting the inside of the skull due to a violent impact. This impact produces an injury to the brain, such as a bruise, bleeding, or tearing of the brain tissue. In extreme cases, if the skull is fractured, it might pierce the brain causing the capacity for extreme damage.
There are 3 general categories of head injuries that can lead to a distressing brain injury, all are undesirable to read about, but important to acknowledge. These consist of:
- A squashing injury – This occurs when the skull is compressed between 2 items and the brain is hurt as a result.
- Penetrating brain injury – This usually occurs when the skull is broken, and the brain is straight impacted, bruised, or pierced.
- Closed head injuries – These are the most common and also have the greatest potential to go unacknowledged and neglected. A closed head injury happens as a result of direct force and triggers the head to move quickly in one direction. The brain then is forcibly pushed up against the skull and this can trigger considerable damage to the cells.
If you think you or a loved one has experienced a TBI at work, reach out to a workplace accident lawyer in Palm Beach by calling the Law Offices of Franks, Koenig & Neuwelt today.
More Common Workplace Injuries
No workplace is free from injury. Whether they are operating heavy machinery, sitting behind a desk, or are working with children, there are some risks associated with your position. You may feel that you are unable to claim workers compensation because of the nature or circumstance of your injury. Perhaps when you mentioned it to your employer and they made it seem as if you wouldn’t be eligible. Unfortunately in these situations, your employer may not have your best interest in mind because they are concerned about protecting the company or they may not fully understand the qualifying criteria for workers compensation.
As a result, it is always best to consult with an experienced lawyer to understand if your case has merit. It can be challenging finding a workplace accident lawyer in Palm Beach you can trust, and we are here to help. Call us today for a free and confidential consultation with the Law Offices of Franks, Koenig & Neuwelt. We have helped lots of people win the compensation they deserve. Some other common cases we see include:
Slips, Trips, and Falls | People are frequently injured in the workplace by slips, trips, and falls. Slips, trips and falls can result in injuries to any part of the body. Some examples include an office worker injuring their knee because they tripped on an uneven door transition in their office, a delivery person injuring their back after slipping with a heavy package, or a worker breaking multiple bones due to a fall resulting from an improperly installed rail. Often the accident results in an immediate and recognizable injury, but sometimes injuries take a while to show up, which can make claiming damages more burdensome. In all of these scenarios, if the employer knew about the hazard and failed to take reasonable precautions you may be entitled to workers compensation.
Repetitive Strain Injury | Repetitive strain injuries can develop slowly over time, which can make pinpointing them challenging. Repetitive strain injuries can develop over the period of weeks, months, or even years making it more difficult to tie it to your job. Employers and insurance companies may try to claim that the injury resulted from activities outside of work. This is why it is important to have a workplace accident lawyer in Palm Beach from a firm like the Law Offices of Franks, Koenig & Neuwelt to advocate for you. They will gather evidence and develop legal strategies that support your case.
Hearing Damage | Without proper protection your ears can become damaged if they are exposed to loud noises over time. Hearing damage is almost always irreversible. Without medical equipment like hearing aids you might not be able to function and enjoy life as you formerly did. Hearing aid equipment is also expensive and requires consistent medical care to maintain. Workers compensation can cover these costs, but since it is also a slow developing injury, it can be difficult to prove that hazards at work resulted in hearing loss. For the best outcome, you will want to consider hiring experienced Maryland workers compensation lawyers from a firm like Cohen & Cohen B.C. to work on your case.
Don’t Give Up
If your employer or an insurance company denies your claim, speak with a lawyer before giving up. A knowledgeable lawyer can review your case and provide you with an unbiased opinion on the likelihood of winning your claim. For a workplace accident lawyer in Palm Beach who will fight for you, call the Law Offices of Franks, Koenig & Neuwelt.