Destin Workers’ Compensation Lawyer

Workers Compensation Attorney in Destin

What Determines a Workers’ Compensation Claim?

Getting injured at work can be a very scary proposition. Who will pay my medical bills? How will I support my family if I can’t work, and will I be able to file and defend my injury claim without the aid of an experienced workers’ compensation attorney? These are all good questions that one needs to consider if you get injured at work and your employer is mandated to carry workers’ compensation insurance. In the event one of an employer’s employees gets injured, exposed to a disease or an illness and can’t work, the State of Florida has enacted strict guidelines under Florida’s Workers Compensation Act. If you or a loved one have been injured on the job you might be entitled to file a workers compensation claim against your employer and their workers compensation insurance company.

The first thing you need to do is inform your employer about your injury as soon as it occurs so that the employer can file a workers’ claim with their insurance carrier. The next step is getting medical attention so that you can receive treatment and be able to document your injuries. Finally, you need to consider hiring an experienced workers’ compensation attorney who possesses the skill to represent your interests. Insurance underwriters have their own attorneys and investigators on staff ready to defend their legal interests and so should you.

At Whibbs Stone Barnett Turner we have been handling worker’s compensation claims for over 30 years, representing 100’s of victims, receive 10’s of millions of dollars in settlements. Many times, our workers’ compensation clients don’t wait for the insurance company to deny or limit their claims before contacting our office for guidance and legal representation.

So, What Are the Workers’ Compensation Guidelines?

Under Florida’s Workers Compensation Act, all non-exempt private employers must carry workers compensation insurance which then entitles injured workers to be awarded benefits regardless of fault. This allows workers to receive financial awards to cover current and future medical bills, and any lost wages due to their on-the-job injuries.

Under the Florida Workers’ Compensation Act, private employers must carry workers’ compensation insurance if they meet the following criteria:

• Construction Companies with one employee or more.
• Non-Construction Companies with a minimum of four employees or more.
• Agricultural companies with a minimum of six employees or more.

When an employee suffers an injury at work or is medically diagnosed with a work-related illness or occupational disease, they have 30 days from the date of the incident or illness discovery to notify their employer. The employer then is legally bound to submit notice to their Workers’ Compensation Insurance provider and begin the claims process.

Why is Whibbs Stone Barnett Turner, PA the Right Choice to Help with Your Workers’ Compensation Claim?

At Whibbs Stone Barnett Turner, PA, we know many employers will push back on an employee who claims they have been injured on the job.  Our job begins when an injured employee hires us to fight for their rights to fair and just compensation. Workers’ Compensation Insurance companies are very familiar with our firm, and they know we not only have the financial resources to take on even the biggest insurance underwriters but are very adept at handling complex cases and death cases of employees who are no longer here to fight for themselves and their families. We even handle former employees exposed to occupational hazardous materials like asbestos exposure and then years later develop mesothelioma, lung disease and asbestosis.

Our law firm employs a very simple strategy as our attorneys prepare to defend clients filing workers compensation claims:

• First, ensure our clients obtain the necessary medical treatment from approved providers.
• Second, counsel claimants on limiting their interaction with insurance adjusters.
• Then offer the necessary guidance for completing all paperwork and documents.
• Ensure that the employer complies with all state-mandated workers’ compensation processes and procedures in a timely manner.
• Gather the needed evidence to show that your injury, or illness is job-related and then demonstrate the financial impact it has had on your life.
• If necessary, introduce medical experts, specialists in specific fields of medicine and rehabilitation, to additionally support your claim.
• Protect your right to an independent medical exam if it becomes necessary.
• Handle the workers’ compensation settlement negotiations with the insurance company on your behalf.
• Be a skilled legal advocate for you during the hearing and any appeal processes.

It is difficult to underestimate the importance of having an experienced legal advocate like Whibbs Stone Barnett Turner, PA representing your interests. Many times, the insurance company will attempt to get you to accept an offer that is not in your best interest, one that is far less than your case is worth.

With one of our workers’ compensation attorneys by your side every step of the way, you will know that everything is being done to help you receive the maximum compensation award you should receive for your injuries. This support will also help give you the emotional aid you need to speed your recovery.

Frequently Asked Workers’ Compensation Questions

Getting hurt on the job can be an incredibly stressful experience. How will I pay my medical bills, my mortgage or support my family if I cannot work? It’s common to have questions about your rights and the legal options available to you. At Whibbs Stone Barnett Turner, PA we have the answers you need to make informed decisions about your workers’ compensation claim.

If I Receive Workers’ Compensation Benefits, Can I Still File a Lawsuit?

You may be able to file a personal injury lawsuit against another party, but not against your employer. Under The Florida’s Workers’ Compensation Act, you inevitably waive the right to sue your employer for any work-related injuries under most situations. However, you can file a lawsuit against a third party deemed liable, such as a product manufacturer, subcontractor, property owner, or even a co-worker.

With that lawsuit, you can potentially recover additional compensation above and beyond the benefits available through workers’ compensation, including money for pain and suffering and other non-economic damages not covered in a workers’ compensation claim.

Why Should I Hire an Attorney When Submitting a Workers’ Compensation Claim?

The reason it’s important to hire an experienced workers’ comp attorney like Whibbs Stone Barnett Turner, PA is it gives you a distinct advantage over handling the process alone. It’s estimated that by hiring a personal injury attorney for injury lawsuit, clients can receive up to 3x the settlement value verses going it alone. Insurance companies are experienced in limiting your award offers or denying them altogether if they suspect you cannot defend your claim Insurance companies are quite skilled in strategies to limit payouts, thereby limiting your financial recovery. Most of these strategies disappear when an injured worker retains counsel with the experience Whibbs Stone Barnett Turner, PA possesses.

Why Are There So Many Workers’ Compensation Attorneys Practicing?

The answer to that question is obvious. If handling a workers compensation claim by yourself was seamless and easy, especially with many of the guidelines spelled out by The State of Florida, why do you think that many attorneys choose to practice this area of law. The answer is that workers’ compensation cases are complex, having many moving parts such as: What is defined as being on-the-job, and what exceptions exist? Are claimants able to provide proper medical documentation? Do Injured victims possess the financial resources to challenge an offer? Does the average injured worker understanding that the costs associated with hiring a workers’ compensation attorney is much less expensive than one handling a personal injury claim? In fact, the state decides the amount the attorney receives based on the size of the award, with percentages lowered as the awards increase, reducing the expense.

So, What Are the Costs for An Attorney to Handle a Workers’ Compensation Claim?

First, there are no upfront costs when you hire Whibbs Stone Barnett Turner, PA to represent you in a workers’ compensation claim or any personal injury claim for that matter. We front all the litigation costs and assume the risks of taking on the insurance company. Our attorneys only get paid a small percentage if we win your claim for benefits. The actual fees paid to attorneys in all Florida Workers’ Comp Claims are fixed by the state.

In most situations, our attorney’s fees are contingent on your financial recovery, meaning you only have costs if you receive benefits. However, sometimes the insurance company may cover your attorney’s fees.

Call Our Experienced Workers’ Compensation Attorneys for Help Today

At Whibbs Stone Barnett Turner, PA our experience is it is better to start off a workers’ compensation claim with legal counsel then trying to navigate Florida’s workers’ compensation system alone. Putting our legal team of successful workers’ compensation attorneys to work for you ensures that no stone is unturned, and no opportunity is lost.

When you choose Whibbs Stone Barnett Turner, PA, you gain the benefit of a trusted team of experienced legal advocates possessing over 3 decades of experience and the proven ability to win. We take on insurance companies every day, for all types of personal injuries and workers’ compensation claims. Couple that with our extensive trial experience and negotiating skills, gives you the added advantage over less experienced lawyers.

Give us a call Today at 850-500-1111 for a free, no-obligation legal consultation.