Hialeah Workers’ Compensation Lawyer

Workplace accidents that lead to injuries and illnesses may happen anywhere, from ongoing building and development projects in the Hialeah area to office workspaces. Builders and construction workers are especially susceptible to serious workplace accidents, given their close (and often daily) proximity to dangerous machines and equipment. However, workers in an office setting are equally likely to suffer serious injuries while on the job, such as from a slip and fall accident or equipment malfunction.

Injuries and illnesses that individuals suffer while they are at work can be debilitating and may affect various aspects of their lives. A seriously injured worker may also have to remain off work to attend medical appointments and recover from their condition, losing significant income.

Workers who suffer an occupational injury or illness while on the job in Hialeah may be eligible to pursue a claim for workers’ compensation benefits. In addition, if their workplace occurrence results from a third party’s negligent actions or inactions, they may be eligible to file a personal injury claim or lawsuit against the at-fault individual (or their insurance company).

One of the most important steps after a workplace occurrence is to retain skilled legal counsel to represent you throughout your case. The knowledgeable Hialeah workers’ compensation attorneys at Feldman Law can determine your eligibility for filing a workers’ compensation claim and begin pursuing the benefits you deserve through the Florida workers’ compensation system.

If you are eligible to file a third-party personal injury claim, we can assist you with that process and, if necessary, take your case to court.

Why Hire Feldman Law?

Many work injury claims require technical evidence, especially if an accident involves machinery or equipment. Attorney Phil Feldman has specific knowledge of vehicles and machines due to his history as an offshore powerboat and helicopter pilot. We know how to prove your injuries in both a workers’ compensation and a third-party injury claim.

Feldman Law has obtained many successful results for injured workers, including:

• $4.7 million for a paralyzed landscaper who fell from a tree at work
• $2.4 million for a spinal injury from a traffic accident while driving to a job site
• $1.4 million for painful back injuries due to heavy lifting at work
• $800,000 for a painter who suffered serious injuries due to falling from a ladder
• $768,700 for an electrical worker with an amputation and back injuries from a fall
• $500,000 for a worker who underwent back surgery after installing overhead cabinets

Let us help you recover the maximum monetary benefits and damages you deserve for your occupational injury or illness. For a free case evaluation and legal consultation with a knowledgeable Hialeah workers’ compensation lawyer, please contact our office directly for more information.

Common Workplace Injuries and Illnesses

Workplace accidents can lead to various injuries and illnesses.

Some of the most common injuries and illnesses that individuals may suffer at their workplace include:

• Soft tissue contusions, such as a whiplash injury in a work-related car accident
• Traumatic head and brain injuries
• Deep lacerations that require stitches and other medical attention
• Spinal cord damage
• Full and partial paralysis injuries
• Internal organ damage, including internal bleeding
• Carpal Tunnel Syndrome that results from repetitive work tasks, such as typing and other secretarial duties
• Bone fractures, including shoulder fractures and hip fractures from workplace falls
• Crush injuries when a machine or other piece of work equipment runs a worker over
• Asthma and other breathing conditions due to prolonged chemical exposure on a job site

If you suffered one or more of these medical complications while at your job or your medical condition developed slowly over time, you might be eligible to recover monetary benefits through the Florida workers’ compensation system. As soon as possible after suffering your injury or illness in a work accident, you should seek medical treatment with the qualified medical provider your employer chooses. Next, you should talk with a skilled Hialeah workers’ compensation lawyer right away.

At Feldman Law, our team can begin gathering the necessary documents for your workers’ compensation claim while you finish your medical treatment and attend the necessary appointments. After you complete all of your treatment, we can file a timely claim for the workers’ compensation benefits you deserve.

Workplace Accidents that Lead to Workers’ Compensation Claims

Different types of workplace accidents and occurrences may lead to severe medical complications.

Some of the most common workplace occurrences that lead to injuries, as well as the need for a workers’ compensation claim, include:

• Explosions on a job site
• Product defects that cause a piece of machinery or equipment to malfunction, subsequently injuring a worker
• Motor vehicle crashes that involve work vehicles
• Slip and fall accidents at a construction site or in an office setting
• Fall accidents when workers strike the ground after falling from a rooftop, scaffolding, or ladder
• Chemical spills that lead to injuries or illness following prolonged exposure
• Electrical fires and electrocution injuries that result from faulty wiring

If you suffered a medical complication due to one of these workplace occurrences, you should understand all of your legal rights under Florida law. The skilled Hialeah workers’ compensation attorneys at Feldman Law can meet with you to discuss the circumstances of your workplace occurrence and determine your eligibility for filing a workers’ compensation claim or third-party claim. If you are eligible, we can take the necessary legal actions on your behalf and assist you with every step of the process.

Types of Available Workers’ Compensation Benefits

Every workplace occurrence is different, as are the injuries and illnesses workers suffer. Therefore, the types and amounts of monetary benefits that a worker may recover during a workers’ compensation claim can vary significantly, depending on the circumstances.

First, injured or ill workers may be eligible to recover compensation for their medical expenses, as well as for part of their lost earnings.

In addition, vocational rehabilitation benefits may be available to workers whose injuries prevent them from returning to their prior occupation. For example, due to their injuries, a worker may be unable to push or lift heavy equipment, preventing them from performing their prior job duties. As a result, they may need vocational rehabilitation or work counseling to search for a different job.

Finally, an injured worker can pursue various types of permanency benefits if they suffer an injury that is unlikely to recover over time. To receive permanency benefits, a worker must typically undergo one or more permanency evaluations with a qualified medical provider. That provider must state in writing, and to a reasonable degree of medical certainty, that the injury or illness is permanent. Usually, a medical provider will establish a permanent medical impairment with a percentage rating. If the parties cannot agree on a permanency rating percentage, they may need to take their case to a hearing.

Some permanency cases settle when the parties agree to a specific permanency percentage. This percentage then translates into a certain number of weeks of monetary benefits, depending on the body part(s) that the individual injured while at work. Alternatively, an employer’s insurance company might place a lump sum settlement offer on the table.

At Feldman Law, our experienced legal team can help you decide whether you should settle your claim and can explain the consequences of settlement versus non-settlement in your case.

Eligibility to File a Workers’ Compensation Claim for Monetary Benefits

To pursue a workers’ compensation claim in Florida, an injured worker must satisfy several qualifications. First, they must have suffered their injury or illness while working at their job and during the scope of their employment. Usually, this means that the worker suffered their illness/injury – or their illness/injury developed – while they performed various work duties. In most situations, injuries and accidents that occur while traveling to or from work do not warrant workers’ compensation benefits since they are technically outside the scope of a worker’s employment.

In addition, workers’ compensation benefits are typically only available to injured employees and not to independent contractors. Finally, an injured or ill worker may pursue workers’ compensation benefits without regard to how their accident happened or who caused it.

The experienced Hialeah workers’ compensation lawyers at Feldman Law can meet with you to discuss your individual circumstances and determine if you are eligible to pursue workers’ compensation benefits. If so, we can assist you with every step of the process and represent you in all legal proceedings in your case.

Settling a Workers’ Compensation Claim

In some situations, your employer’s insurance company might place a lump sum settlement offer on the table as a way of resolving your workers’ compensation claim in full. If you decide to accept the lump sum award, your case will usually close. You cannot reopen your claim if your medical condition worsens, and you need to seek additional medical treatment for your injury or illness. Therefore, you should think long and hard before you accept a pending lump sum settlement offer from your employer’s insurance company.

Moreover, in many situations, lump sum offers are far below the true value of a workers’ compensation claim. Workers’ compensation adjusters often make these offers to try and settle the claim quickly on their end, without regard to your injury or illness. Before you accept a settlement offer, you should make sure that your medical treatment is complete and that you will not need to undergo a future medical procedure or other ongoing treatment. Otherwise, you may have to pay for that treatment out-of-pocket.

At Feldman Law, our experienced legal team can review the potential benefits and risks of accepting a lump sum settlement award from your employer’s insurance company and help you make an intelligent and informed decision in your case.

Third-Party Claims Arising from Workplace Accidents

Some injured victims of workplace occurrences are eligible to file a third-party personal injury claim against a negligent individual or entity in addition to their workers’ compensation claim with their employer’s insurance company. To file a third-party personal injury claim, the workplace occurrence must have directly resulted from someone else’s careless, negligent, or reckless act.

For example, another driver may have caused a collision with your work vehicle, causing you to suffer permanent injuries. Alternatively, a product manufacturer or designer might have made a mistake when assembling or designing a piece of construction machinery, causing it to malfunction on a job site and injure you.

To prevail in a third-party liability claim or lawsuit and recover monetary damages, you must demonstrate that:

• The other party owed you a legal duty of care
• The other party violated their legal duty
• The violation caused your accident
• You suffered one or more physical injuries or illnesses as a direct result of the accident

As part of your personal injury claim, you can recover additional damages on top of your workers’ compensation award. For example, you may receive monetary damages for anticipated medical costs or lost earnings, physical pain and suffering, emotional anguish, loss of spousal companionship, loss of enjoyment of life, or loss of the ability to use a body part. Since insurance companies are often skeptical of combined comp/third-party claims, you should have a strong legal advocate to help you pursue and recover the additional monetary damages you need.

At Feldman Law, our legal team can threaten the at-fault party’s insurance company with litigation if they refuse to take your case seriously. We can also litigate your case through the Florida court system and, if necessary, represent you at a civil jury trial or binding arbitration proceeding.

Contact a Hialeah Workers’ Compensation Attorney Right Away

If you sustained an injury or illness while working, time is of the essence. If you fail to take prompt legal action to pursue workers’ compensation benefits and third-party damages, you might inadvertently waive your right to this monetary recovery. Therefore, you should seek legal representation as soon as possible after your workplace occurrence.

At Feldman Law, our legal team will do everything possible to help you maximize your recoverable workers’ compensation benefits and third-party damages, depending upon your unique circumstances. Our legal team will aggressively advocate for your legal interests when speaking with insurance company representatives and, if necessary, represent you at various legal proceedings throughout your case. We will do everything possible to help you become whole again following your workplace incident.

For a free case evaluation and legal consultation with a knowledgeable Hialeah workers’ compensation attorney, please contact us at (877) FELDMAN or contact us online today.