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Pensacola Worker’s Compensation Lawyer
If you have sustained a work-related injury, illness, or ailment and your employer refuses to cover your current and future medical expenses and lost income, our skilled workers’ compensation attorneys are here to assist you in obtaining the compensation you deserve.
Our Pensacola, FL Workers’ Comp Attorneys can Help Obtain Benefits such as:
Temporary total disability benefits — payment of part of your wages when you are unable to work for a period longer than seven days
Payment of necessary medical bills, including anticipated future medical expenses
Permanent partial or total disability benefits — payment of part of your wages if your injury keeps you from full employment or from working ever again
What Are Your First Steps If Injured on the Job in Florida?
It’s crucial to follow specific steps after a workplace injury to ensure you receive the Pensacola workers’ comp benefits you are entitled to:
Immediately report your injury to your employer. Typically, you have 120 days to report an injury after a workplace accident. Once reported, it is the employer’s responsibility to arrange medical care and report the injury to their workers’ compensation insurance and the State of Florida.
Consult an experienced workers’ compensation attorney in Pensacola. A knowledgeable lawyer can safeguard your rights and ensure all necessary documents are filed accurately and promptly.
Seek medical attention. Remember, Doctor first, lawyer second. Your health should be your priority. Medical records may serve as evidence to bolster your case during the Pensacola accident litigation process.
File a Loss of Wages Claim. You have the right to file a claim if your doctor has put you on medical leave for more than seven consecutive days.
Making Workers’ Compensation Less Complicated
Your employer’s insurance company has 21 days to notify you of their acceptance or denial of your Pensacola workers’ comp claim. If denied, you can file a claim petition with the Florida Division of Workers’ Compensation. Your case will then be assigned to a workers’ compensation judge who will decide your eligibility for benefits. You can appeal their decision to the Workers’ Compensation Appeal Board and potentially to state court.
At any point, the insurance company may propose a settlement. We recommend that injured workers have a legal professional review any settlement offer. Only a qualified Pensacola workers’ compensation attorney can assess if the offer adequately covers your past and future medical expenses and lost income.
While the process may seem overwhelming, our Pensacola workers’ compensation lawyers at Whibbs Stone Barnett Turner, PA will clarify each step, allowing you to make informed decisions as we support you throughout.
How Can a Lawyer Get You a Better Workers’ Comp Settlement?
Even though injured employees do not need to prove fault, to receive workers’ comp benefits, getting fair compensation is not straightforward. The claims process is often complex, seemingly designed to frustrate employees and dissuade them from pursuing entitled benefits.
Moreover, the workers’ compensation insurer typically does not favor the employee during claims processing. Their focus is on minimizing payouts for workplace injuries, which ultimately benefits their financial interests.
Naturally, this leads injured employees to wonder, “Is hiring a lawyer for my workers’ compensation claim worthwhile?” Can legal representation genuinely secure a better settlement, or is it more beneficial to navigate the claim independently?
The answer is Yes.. Hiring an experienced workers compensation attorney like Donovan Wibbs or Ryan Barnett who have handled 1000’s of workers comp claims is a major step in recovering fair compensation for your injuries.
If there are complicating factors that could jeopardize your workers’ comp claim, retaining an experienced and skilled attorney is advisable. Examples include:
Your claim was denied by your employer. Employers sometimes wrongfully deny claims on technical grounds, hoping the employee will not contest the decision. If the insurer has denied your claim, it doesn’t have to be the end of the road. An attorney can evaluate your case and help with the appeal process.
You received a low settlement offer from your employer. Unrepresented injured workers often receive meager settlement offers that may not even cover medical bills or lost wages. If you’re unsure about the fairness of an offer, consult an attorney for guidance.
Your injury prevents you from returning to work. Some injuries lead to partial or total disability, making it impossible for the injured worker to return to their former position or any gainful employment. Insurance companies often offer inadequate settlements for these cases, emphasizing the need for legal representation.
You plan to pursue Social Security disability benefits. A severe injury may qualify you for Social Security disability (SSD) benefits, and a poorly structured workers’ compensation settlement could negatively affect your SSD claim. Our attorneys are well-versed in both claims and can help draft settlements to protect your SSD benefits.
An external party’s negligence caused your injury. Many workplace injuries involve a third party not associated with the employer or coworkers. Examples include accidents caused by subcontractors or defective equipment. In such cases, employees may pursue a personal injury lawsuit against the responsible party, potentially accessing additional forms of compensation.
If you are injured and unable to work, our attorneys can explore other potential compensation sources to navigate this challenging period.
Third-Party Workplace Injury Claims
Generally, injured workers in Florida cannot file personal injury lawsuits against employers with workers’ compensation coverage. This is the trade-off for a “no-fault” system that ensures employees receive benefits after workplace injuries. Nevertheless, many accidents involve multiple contributing factors, often including external parties.
Third-party entities that may be liable for workplace injuries include:
Subcontractors: In many workplaces, there are subcontractors that perform various tasks as they work alongside employees. If one of these subcontractors contributes to a workplace accident, the injured worker may be able to bring a personal injury claim directly against them. As an aside, subcontractors who get hurt because of the negligence of a company or their employees can sue the responsible party as well.
Outside Property Owners: If an employee is on the job but away from the work site and gets hurt on another party’s property, they can file a premises liability claim against the property owner or caretaker if their negligence contributed to the accident.
Vehicle Drivers: When an employee is out making a delivery or they are outside doing something else that is work-related and they are struck by a vehicle, they may be able to bring a personal injury claim against the vehicle driver and/or their insurer.
Faulty Product Makers: Some workplace accidents happen because of equipment failures, machinery malfunctions, and similar issues. When an injury at work is caused by defective or dangerous tools, equipment, or machinery, it may be possible to bring a product liability claim against the manufacturer, supplier, or distributor of the faulty product.
Independent Contractors vs. Employees
Under Florida law, independent contractors work in the construction sector. Employers sometimes misclassify legal employees as contractors to avoid paying employee benefits, including workers’ compensation.
Navigating these complex claims, especially those involving third-party liability, requires a comprehensive understanding of the interplay between workers’ compensation, personal injury lawsuits, and other benefit avenues. Each type of claim may carry distinct procedural requirements, deadlines, and evidentiary burdens. For instance, while workers’ compensation operates under a “no-fault” system, third-party lawsuits rely on establishing negligence, and product liability actions may hinge on demonstrating a specific defect.
It is not uncommon for the facts of a workplace injury to implicate several parties simultaneously. In these situations, injured workers may be entitled to recover damages for pain and suffering, lost future earnings, and other losses not typically available through workers’ compensation alone. However, recovering from multiple sources often introduces questions of settlement allocation and reimbursement—particularly when Social Security Disability or other benefits are involved.
Given the intricacies, consulting an experienced attorney at Whibbs Stone who understands these overlapping claims is critical. They can help maximize your recovery, ensure compliance with relevant statutes, and protect your eligibility for essential benefits moving forward. Additionally, it is essential to document your injuries thoroughly, gather witness statements, and maintain records of all medical treatment and communications with any involved parties. These steps not only strengthen your claims but also help clarify liability in cases where multiple parties or complex circumstances are involved. Experienced legal counsel can coordinate these efforts, ensuring no procedural missteps compromise your right to compensation and that all possible sources of recovery are fully explored.
Social Security Disability Claims
If you suffer from a lasting disability as a result of a workplace injury, you may also be eligible to file a Social Security Disability claim. Even if your injury is not work-related and there are no accountable third parties, you might still seek compensation through Social Security Disability (SSD) or Supplemental Security Income (SSI) claims. Like workers’ compensation, the processes for SSD and SSI claims can be complex and confusing, with about 70% of claims initially denied. Our Social Security Disability attorneys at Whibbs Stone can evaluate your case to determine your eligibility for benefits and assist in achieving a successful claim. Successfully pursuing these benefits generally involves demonstrating that your condition prevents you from engaging in substantial gainful activity and is expected to last at least a year or result in death. It is important to be mindful that Social Security Disability claims have their own rules, documentation requirements, and timelines, which can differ significantly from those governing workers’ compensation and personal injury cases. Coordination between these benefit avenues often becomes critical, particularly if you are receiving or applying for multiple forms of compensation. One of our skilled attorneys will be able to advise you on potential offsets, how best to structure settlements, and steps for maintaining your eligibility for all available benefits.
Common Reasons why Workers’ Compensation Claims are Denied
As mentioned, employers frequently deny workers’ compensation claims. While some denials are justifiable, many are not.
Here are some prevalent reasons workers’ compensation claims may be denied:
The injury was not related to work (e.g., it occurred while you were off the clock commuting). If your accident or illness transpired outside of work, it wouldn’t be covered by workers’ compensation. However, things can get complicated. For instance, if you experienced a slip and fall while on your lunch break, you were technically “off the clock.” Yet, if your injury occurred while you were picking something up per your employer’s direction, it may indeed be considered work-related.
The injury was self-inflicted and/or resulted from breaching company policy. You did not pursue medical treatment and/or were not seen by an approved healthcare provider. If there were no witnesses to the injury and no other evidence to confirm it occurred, the insurance company might question the validity of your claim. If you find yourself without witnesses for your workplace accident, it’s crucial to compile as much documentation as you can regarding the incident.
The injury stemmed from a pre-existing condition. You also failed to report the injury promptly. Insurance companies are quick to deny claims based on technicalities, such as missing deadlines. In Florida, individuals are required to notify their employer of a workplace injury within 30 days. However, there are instances where an injury or illness might not be immediately recognized but develop over time. If this is the case, you still must report it within 30 days of identifying the injury or illness.
When Will You Qualify for Work Comp for a Car Accident at Work?
To qualify for workers’ compensation benefits after a car accident at work, you must demonstrate that the accident occurred within the scope of your employment. For example, if you were in a car accident while driving to work, your claim would likely be denied because your commute isn’t part of your job duties.
Conversely, if you were assigned to run an errand, like stopping at the bank while returning home from work, and got into an accident on the way, you would then qualify for workers’ compensation, as the accident occurred while completing job-related tasks.
Moreover, if driving is part of your job description, such as being a delivery driver, limousine driver, or commercial truck driver—you are at a higher risk of being in a car accident. Fortunately, if driving is essential to your role, you should be able to secure workers’ comp benefits for work-related vehicle accidents.
We are the Workers’ Compensation Attorneys in Pensacola You Can Trust
If you’ve been injured at work and are preparing to file a workers’ compensation claim, selecting an attorney with the expertise and experience to guide your claim is crucial. At Whibbs Stone Barnett Turner, PA, we have over 30 years of experience helping hundreds of injured workers and their families obtain fair compensation for their injuries. Navigating the workers’ compensation process can be challenging, especially with insurance companies employing strategies that often limit settlements for injured workers at critical times. It’s essential to ensure that employers and their insurers provide adequate compensation when employees are injured or become ill on the job. At Whibbs Stone Barnett Turner, PA, our mission is to safeguard employees from unfair treatment, particularly from employers responsible for maintaining a safe work environment. We are also committed to remaining vagile in getting our injured workers a fair and equitable settlement for their injuries.
Reach out for a free, no-obligation consultation to discuss your case. You won’t pay any fees or costs for personal injury or workers’ comp claims unless we secure a financial settlement for you.
Contact Whibbs Stone Barnett Turner, PA online or by calling (850) 500-1111. We are eager to provide the service you expect and the compensation you deserve.
