James D. Payer | September 12, 2024 | Personal Injury
Many people handle workers’ compensation claims on their own. If your claim is in dispute, however, you should probably seek the services of a Florida workers’ compensation lawyer. Here are some of the ways a lawyer can help.
Review Your Claim
The first question to ask is whether you even have a viable claim. Certain facts might sink your claim, or a defense might apply. A lawyer will probably look for facts such as these during your initial consultation. You might qualify for medical expenses, lost earnings, and other benefits.
Assemble Paperwork
Assembling paperwork is more difficult than you might think. Indeed, you need a lot of paperwork to file a workers’ compensation claim, especially if your claim is in dispute. Even a small error could delay or even sink your claim. A good workers’ compensation lawyer will know exactly how to get it right the first time.
Negotiate on Your Behalf
Negotiation is an art that not many people have mastered. Furthermore, negotiating a workers’ compensation claim requires intimate knowledge of Florida workers’ compensation law. Trying to negotiate your claim on your own against a seasoned insurance adjuster is like trying to perform surgery on yourself. In other words, it’s not a good idea unless your claim is very small and very simple. Fear not, because your lawyer will be happy to handle negotiations for you.
Answer Objections From the Other Side
Objections from your workers’ compensation claim might come from the insurance carrier, your employer, or a third-party administrator assisting your employer. Objections might include assertions that:
- Your injury was not work-related. The opposing party might assert, for example, that your injury was pre-existing and that you are, therefore, exploiting the workers’ compensation system to get free medical treatment.
- You exceeded the time limits for reporting your injury or filing a claim. Generally, you have 30 days to notify your employer and two years to file a claim.
- Your injury arose from your own misconduct or intoxication. Although workers’ compensation claims are generally no-fault, there are exceptions.
- You sought treatment from the wrong doctor. You need authorization to seek treatment from a doctor other than the one approved by your employer.
- You are exaggerating your symptoms. Look for the word “malingering” in the objection.
Any of these objections could put your claim in jeopardy without the aid of an experienced and competent workers’ compensation attorney.
Identify and Deal With Retaliation
Your employer might retaliate against you for filing a workers’ compensation claim, especially if it causes their insurance premiums to rise. You might be assigned to distasteful tasks, for example. Retaliation is illegal, so your lawyer should be able to recognize this kind of bullying and help you fight back.
Represent You in Mediation
Your lawyer can be a great help if you end up mediating your claim, especially if they have experience representing clients during mediation.
Represent You at Trial
You might end up presenting your case before a Judge of Compensation Claims (JCC). In this case, you will definitely need a lawyer to represent you.
Appeal an Adverse Decision
After you exhaust your administrative remedies, including a hearing before the JCC, you can appeal to the First District Court of Appeal. Appeals must be based on legal errors, not just dissatisfaction with the outcome. That means you’ll probably need a lawyer.
Identify Claims Against Third Parties
If you can find a third party (not your employer) who bears liability for your injuries, you can file a personal injury claim against them. Although you will have to prove fault, you can claim both economic and non-economic damages. Filing a lawsuit can qualify you for far more compensation than you can receive through the workers’ compensation system. Possible defendants include:
- The owner of a construction site
- A general contractor
- A manufacturer of defective equipment
- A negligent driver
- A maintenance company
Your lawyer might be able to identify additional possible lawsuit defendants.
Talk to a Workers Compensation Lawyer Today
If you are in doubt about your claim or just need help, it could pay to speak to an Orlando workers’ compensation lawyer. Most of them will offer you a free initial case consultation, and most of them will not charge you attorney’s fees unless they win your case.
Contact Payer Law Personal Injury Lawyers today for a free consultation with a Florida workers’ compensation lawyer.
Contact Our Orlando Personal Injury Law Firm For Help Today
If you’ve been injured in an accident in Orlando, Florida, and need legal help, contact our experienced personal injury lawyers at Payer Law Personal Injury Lawyers to schedule a free consultation today.
We proudly serve Orange County and its surrounding areas:
Payer Law Personal Injury Lawyers
6735 Conroy Rd STE 332
Orlando, FL 32835
(407) 648-1510