Florida Workers’ Compensation Attorneys
If you’ve been hurt on the job, workers’ compensation is supposed to pay for your medical treatment and also replace a portion of your lost wages while you are out of work. Unfortunately, Florida’s workers’ comp system is not particularly friendly to injured workers and seems to favor employers and their insurance carriers. Having an attorney on your side who knows how the system works can prove invaluable in helping you get the benefits you need and deserve. If your claim has been denied, or if the insurance company is disputing important facts about your injury or how the accident happened, you need a lawyer in your corner fighting for you. At Chadwick & Chadwick, P.A., we have decades of experience helping injured workers throughout the state of Florida get their workers’ comp benefits. If you are having trouble with your workers’ compensation claim, the dedicated lawyers of Chadwick & Chadwick are here for you. Here are some of the ways we can help.
Types of Injuries Covered by Workers’ Compensation
Florida workers’ compensation covers “personal injury or death by accident arising out of and in the course of employment, and such diseases or infection as naturally or unavoidably result from such injury.” Not all injuries have to arise from a single traumatic event such as a fall or getting crushed by machinery. Workers’ compensation should cover injuries acquired over months or years of repetitive motion, which can injure the back and neck or shoulder, knee and elbow joints. But insurance companies frequently fight back against these claims, arguing that the injury was not work-related.
The same goes for occupational illnesses or diseases or exposure to toxic substances including fungus or mold. Illnesses are covered by workers’ comp, but the burden falls on the claimant to prove by clear and convincing exposure that the illness resulted from the particular nature of the employment and that it was actually contracted at work. You may need to prove exposure to a specific substance at a high enough level to cause the injury or disease.
In cases where the injury or illness could be attributed to some factors that are work-related and others that aren’t, expect the insurance company to deny the injury was work-related, which is an essential element of a workers’ compensation claim. You may need evidence on your side from medical experts and occupational experts who can testify as to the cause of your injury.
A related question involves pre-existing conditions. A work injury can aggravate or accelerate a pre-existing condition, making a portion of the injury compensable by workers’ comp. This is a complicated area that requires skilled legal assistance, as the insurance company will seize on any evidence of a pre-existing condition to deny or underpay a claim.
Questions About Treatment
Even when it is undeniable that the accident happened at work, insurance companies still fight over what kind of medical care you should get. In Florida, the doctor who treats you for a work injury is not your regular physician. It is a doctor hired through your employer’s workers’ compensation insurance. It can sometimes be difficult to know if you are getting the appropriate treatment you need for your injury; we can intervene on your behalf when necessary to make sure you are getting adequate care.
Benefits Are Underpaid or Stop Before You Are Ready to Go Back to Work
Under the law, you could be entitled to workers’ compensation benefits for months or years if your disability prevents you from working, but the insurance carrier likely wants to cut off your benefits long before then. They might force you to undergo repeated independent medical examinations (IMEs) or obtain a release from your doctor certifying you are fit to return to work or have reached maximum medical improvement. Workers’ comp insurers in Florida have many avenues through which to terminate your benefits. We can help ensure your benefits aren’t cut off sooner than they should be under the law.
Insurers Allege Your Claim Is Fraudulent
Workers’ compensation is a real thing, and it has made many employers and insurers extremely cautious about paying workers’ compensation claims. This often leads insurance carriers to question the legitimacy of valid claims, forcing you to undergo IMEs and respond to repeated requests for documentation. When you are put on the defensive about your injury, a workers’ compensation lawyer can help prove the legitimacy of your claim and expedite the process so you can get your benefits sooner rather than later or not at all.
Get Help With Workers’ Compensation Claims in Florida from Chadwick & Chadwick, P.A.
For answers to your questions about workers’ compensation or help with a claim denial or other workers’ comp issues in Florida, call Chadwick & Chadwick at 813-264-1500 for a free consultation. From our office in Tampa, we help injured workers statewide, providing personal attention and service to ensure your needs are being met.
