If you recently suffered an injury at work, you are likely eligible to file a workers’ compensation claim. However, the claims process is full of red tape and can be difficult to navigate. Furthermore, your employer may dispute the truth of how you sustained your injury to avoid paying higher workers’ compensation insurance premiums.

Given the inherent difficulties and complexities of filing a claim, you should call a West Palm Beach workers’ compensation lawyer for help right away. These claims are time-sensitive, so it is important to begin the process as soon as possible by contacting an experienced attorney right away. En Español.

Qualifying Claims in West Palm Beach

A workers’ compensation claim is basically an insurance claim. When an employee suffers an injury at work or develops a job-related illness, they may be able to file a workers’ compensation claim for medical and cash benefits. Most employers in West Palm Beach and across the state are legally required to provide this coverage for their employees.

According to the Florida Division of Workers’ Compensation, the following guidelines determine which employers must provide workers’ compensation insurance:

  • Construction companies: must provide coverage if they have one or more employees
  • Non-construction companies: must provide coverage if they have four or more employees, including the owner
  • Agricultural companies: must provide coverage if they six employees (the number of employees increases to 12 if the employees are seasonal)

If the employer must carry workers’ compensation insurance, any of their employees may file a claim for work-related injuries or illnesses. Even if an employee suffered an injury the first day on the job, they can still file a claim under their employer’s workers’ compensation insurance policy.

Workers’ Compensation Claims Are Not Lawsuits

As noted above, workers’ compensation claims are insurance claims rather than legal claims. That means filing for workers’ compensation benefits is not the same as filing a lawsuit in civil court, even though the injured worker is seeking medical and financial benefits. Typically, workers hurt on the job may be barred from suing their employer in a personal injury lawsuit and must file a workers’ compensation claim instead. This is true even if their employer’s negligence caused their injury.

Injured Workers Should Seek Legal Help

While employees who sustained an injury or developed an illness while performing job-related duties may be able to file a workers’ compensation claim, employers often push back hard against such claims. This may be because employers may have a financial stake in fighting a worker’s claim if their insurance company pays on the claim, the employer’s policy premiums may increase.

Both employers and their insurance companies may be fighting an injured worker’s claim and that could delay the employee from getting the medical treatment they need to begin recovery. Further, such pushback can delay the injured person from receiving necessary cash benefits to partially replace their lost wages while they are absent from work.

Anyone injured on the job should contact a West Palm Beach workers’ compensation lawyer for assistance. Insurance companies often reject initial claims based on the employer’s version of events, rather than the worker’s. This means an injured worker may have to file a claim appeal before they receive the benefits to which they are entitled. A dedicated lawyer could manage an injured person’s claim and deal with the insurance company on their behalf.

A West Palm Beach Workers’ Compensation Attorney Can Help

Employers rarely want to pay workers’ compensation claims. Often, they work to find any excuse to avoid giving their employees the compensation they need and deserve. Further, your employer and their insurance company may have legal resources to fight your claim.

Therefore, you need someone who can fight for you and is willing to take on the insurance company to get you the benefits you deserve. A West Palm Beach workers’ compensation lawyer can be that legal champion for you. Call now to discuss your case in more detail.

Dominick Cunningham & Whalen
Facebook linkedin twitter
Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

N/a
2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260