A Florida workers’ compensation lawyer can help when workplace accidents happen. A work injury can threaten a victim’s life and affect their routine and finances. Besides, it can cause pain, suffering, lost wages, and reduce a worker’s income and earning capacity.
For Florida workers, their job is their main income source, and when they suffer a work injury, they may be entitled to pursue damages in the form of worker’s compensation. First, however, they should talk to a Fasig | Brooks attorney because workers’ compensation claims can be confusing and complicated.
Steps to Take After a Florida Workplace Accident
Filing a workers’ compensation claim after a Florida workplace accident may be the best chance for the victims to recover compensation. However, some actions can jeopardize their right to claim damages.
These are some of our attorney’s recommendations after a workplace injury in Florida:
- Seek medical attention right away. Even if you think it is unnecessary, proper medical care is one of the most important parts of any worker’s compensation claim. To claim damages, you need to demonstrate how your injuries affected your life. And an EMTs’ report can become valuable evidence to prove your case.
- Notify your employer. Notifying your employer will leave a record of your accident. Your attorney will use that record to demonstrate that your injury happened during working hours or within the workplace. Also, most state laws require notification to access worker’s comp benefits.
- Document your injury. You can use your cellphone to take photos or videos of your accident, your injuries, and any other relevant information, such as a lack of protective equipment or malfunctioning machinery.
- Follow your doctor’s instructions. Your employer or their insurance may investigate your claim, and if they find out you didn’t follow your medical treatment, they can argue your negligence is the reason for your suffering. In those cases, they can diminish or even deny your whole case.
Getting legal assistance may be vital for the success of your claim. Remember, many employers and insurance companies will seek reasons to deny any claim. But an experienced Florida workers’ compensation lawyer can help you gather evidence and navigate the workers’ compensation process.
Can I Get Worker’s Compensation If I am Partially Liable?
The short answer is yes. While most injury cases in Florida depend on the other parties’ liability, workers’ compensation differs. A victim can claim damages through a workers’ compensation claim, even if they are partially liable for the accident, as long as they can demonstrate the accident happened within working hours or at the workplace.
That means you are entitled to workers’ compensation benefits if you performed work-related duties during the accident. However, when there is a direct liable party, such as a distracted coworker, or a negligent manager, a worker’s compensation lawyer can pursue further damages through a civil lawsuit.
Reasons for Workplace Accidents in Florida
Florida’s economy depends on many industries, such as tourism, construction, manufacturing, and transportation, among many others. What’s common across them is they all need manpower. That is the reason why workplace accidents in Florida can happen in a variety of ways.
These are some of the most common reasons for the workplace accidents our lawyers handle regularly:
- Unsafe work conditions
- Failure to follow safety procedures
- Lack of training
- Defective machinery
- Negligent management
- Lack of protective equipment
However, you should talk to your Florida workers’ compensation attorney to determine if you are entitled to a worker’s compensation claim.
Damages You Can Recover in a Worker’s Compensation Claim in Florida
Worker’s compensation may greatly benefit the victim of a workplace accident. Still, the amount of damages you can recover is limited. However, if someone else’s direct negligence caused your accident, you may also be entitled to pursue damages through a civil lawsuit.
You can receive worker’s compensation to cover lost wages and medical care. But if your accident was caused -for example- by an inexperienced machinery operator, you can pursue further damages by filing a claim against them or their insurance. That can be helpful, particularly in recovering non-economic damages such as pain, suffering, and emotional distress.
Common Injuries in Workplace Accidents
Workplace injuries can come in all shapes and sizes because every workplace is different. Still, some injuries are more common than others. The most common injuries our attorneys are used to handle in worker’s compensation claims are:
- Back injuries. Many construction and oil workers suffer back injuries, but it is also a common injury for office workers. Sitting in the same position day after day can put a toll on their bones and muscles.
- Burns. Burn injuries are common in all industries. But they are more present in workplaces that handle fuel, oil, and other dangerous materials.
- Electrical shock. Lack of security measurements, as a lack of safety equipment, can expose workers to an electrical shock.
- Broken bones. Fractures are among the most common workplace injuries that can lead to a worker’s compensation claim.
- Traumatic brain injuries. Energy, cargo, and construction workers are particularly exposed to traumatic brain injuries due to the risks commonly associated with those activities, such as falls or heavy equipment accidents.
Talk to a Florida Worker’s Compensation Attorney
Even though the worker’s compensation process may seem pretty straightforward, hiring an attorney to handle your case may be the best option. That’s because they can help you recover non-economic damages regularly unavailable in worker’s compensation claims. However, looking for the appropriate legal assistance is important as soon as your accident happens.
There are many things your lawyer needs to check and investigate to determine liability and recover the damages you need. Contact a Fasig | Brooks worker’s compensation lawyer in Florida today to schedule a free consultation where we can answer all your questions about your accident and workers’ compensation claim.