The workplace is one of the most dangerous places to be. According to government statistics, thousands of people suffered a serious injury at a Florida jobsite, and over 200 died. These workers are in so much pain that many of them miss weeks and possibly months of work—putting financial stress on their families.
Hersh Kirtman helps injured workers get the compensation they are entitled to following an accident. We hear from many men and women who express frustration at the slow pace of their workers’ compensation claims and wonder if they are entitled to additional compensation. Speak with one of our lawyers today.
Florida’s Workers’ Compensation System
Virtually every employer in the state must carry workers’ compensation insurance. This system was created to streamline the process for injured workers to get their medical bills paid and replace lost wages. It is a “no fault” system, so it does not matter if the employee’s own negligence is responsible for the injury. Most injuries suffered while working are covered, though there are exceptions if you were drunk/high or injured while breaking the law.
The workers’ compensation system should pay:
- All reasonable and necessary medical care to treat your injury
- Vocational rehab (if you cannot return to your old job)
- Temporary total disability benefits
- Permanent impairment benefits
- Permanent total disability benefits
If a loved one died in a workplace accident, then a death benefit is available.
What to Do after a Workplace Accident
To ensure you get your claim processed, a worker should:
- Report the accident promptly. Tell your boss or someone in human resources. You have 30 days to report it.
- Seek medical treatment. The sooner you receive treatment, the better your chances of recovering. Try to meet with a doctor who handles workers’ compensation claims, though go to the emergency room if necessary to treat life-threatening injuries.
- Follow your medical plan. A doctor will probably recommend rehabilitation to improve your recovery. Receive all recommended treatments.
- Speak with a workplace injury lawyer in Boca Raton. Getting compensation is not always a seamless process, especially if there are questions about whether you were working at the time you were hurt or whether you have a pre-existing injury.
Workers’ Compensation & Personal Injury Lawsuits
Many workers ask whether they can sue their employer for their injuries. For example, your employer might have been lax about enforcing safety regulations, which is the direct cause of your injuries. Can you sue them for this negligence?
The general answer is “no.” Workers’ compensation replaces the old tort system based on fault. So the workers’ comp benefits are all you will receive from your employer.
However, you might have a third-party claim if you were injured by a customer or a defective product. In these situations, you bring a claim against the other entity for all your losses, including pain and suffering. At Hersh Kirtman, we review every case to determine whether our clients can maintain this type of third-party claim against a non-employer.
Call Our Workplace Accident Lawyer in Boca Raton
After a workplace injury, you need professional legal representation. You owe it to yourself to call Hersh Kirtman today to speak with a member of our legal team in a free consultation.
