when to get a workers comp lawyer in florida

When To Lawyer Up - Workers' Compensation If your injuries are not clearly work-related, require extensive medical treatment, involve long periods of time off work, or result in permanent disability, you should call a workers' compensation lawyer. By Sachi Barreiro

Full Answer

When do you need a workers comp attorney?

Jan 09, 2018 · Our Tampa Workers’ Comp Law Firm Fights for You. You should contact an attorney as soon as possible after your injury. There are dozens of ways that legal representation will pay off for you if your employer resists your claim in any way. These are just some of the ways we advocate for clients on a daily basis:

When to hire a workers'compensation lawyer?

The Law Office of Gray M. Camfield. 4740 Dairy Road, Suite 101, Melbourne, FL 32904-8481. With over 30 years of trial experience, our office handles Workers Compensation, Personal Injury and Social Security Disability cases. Call today to schedule an appointment.

How much does a workers'comp lawyer cost?

May 11, 2022 · In Florida, most employers must carry workers’ compensation insurance for their employees. The insurance covers their employee’s work-related injuries or illnesses. If you are injured or experiencing an occupational disease, you can file …

How long does it take to file a workers comp claim?

Yes. Under Florida law, employers are required to secure benefits that compensate employees for lost wages and medical expenses that result from any work-related injuries, regardless of who is at fault. (The exceptions, as mentioned above, include fighting at work and being intoxicated – if you were injured in one of those scenarios, you ...

What is a full service law firm in Central Florida?

Full service central Florida law practice with an emphasis on representing clients in all Personal Injury cases, Car Accident,Wrongful Death tragedies and Employment Law.

What type of cases does a personal injury lawyer handle?

Our experienced personal injury lawyers handle all types of injury cases, including car accident injuries, slip, and fall accidents, nursing home abuse, and all other types of ... Read More#N#personal injury.

Can I sue my employer?

No, probably not. The no-fault system is essentially a trade-off between employers and employees.

What do I do if my employer or their insurer denies my claim?

If your claim was denied, you can appeal that decision, but the appeals process is incredibly complex.

Do I need to speak with an attorney?

If your claim has been denied or diminished, working with an attorney (as mentioned above) is likely to give you the best chances at winning the amount you deserve.

Injured? Call The Florida Law Group!

Our workers’ compensation lawyers have recovered over $1 billion for injured accident victims around the state since 1984.

How do workers comp attorneys get paid in Florida?

In Florida, workers’ comp attorneys are paid on a contingency fee basis. This means the lawyer gets a percentage of the amount you receive as a settlement or an award from a workers' comp judge. You don't pay any fees if you don't win any benefits.

What to know before hiring a lawyer?

Before you hire a lawyer, be sure to discuss fees and ask how costs will be handled.

Is Florida workers comp a reasonable fee?

The statute used to say that workers’ comp judges had to approve the fees “as reasonable,” but the “reasonable” requirement was taken out of the law in 2009. (Fla. Stat. § 440.34 (2019).) Then, in 2016, the Florida Supreme Court ruled that the statute’s mandatory fee schedule was an unconstitutional violation of due process rights, because it didn’t allow judges to consider whether the fees adequately compensated lawyers for their work. As the court pointed out, unreasonably low attorneys’ fees limit injured employees’ access to courts by making it difficult for them to hire a lawyer. ( Castellanos v. Next Door Co., 192 So.3d 431 (Fla. 2016).)

Do Florida attorneys get workers comp?

Florida attorneys receive a percentage of the workers' comp benefits they win for injured employees, under a legal formula. But those fees have to be reasonable.

Can a worker comp judge increase the fee schedule in Florida?

The Castellanos court said that the fee schedule in Florida's statute could still be used as a “starting point.” Attorneys may ask workers’ comp judges for an increase if the schedule would result in an unreasonably low fee; lawyers must back up their requests with evidence. When judges are deciding whether fees are reasonable, they should consider various factors, including:

How much do workers comp lawyers charge?

Additionally, many states place caps on contingency fees in workers' comp cases. The percentage varies from state to state, but is generally between 15% and 25%. However, the fee can be as low as 10% and as high as 33% in some states . (For more information about fees, see our article on how much it costs to hire a workers' comp lawyer .)

What happens if you dispute your workers comp rating?

Your permanent disability rating is disputed. The bulk of most workers' comp settlements and awards are for permanent disability benefits. These benefits are calculated based on your permanent disability rating. If the insurance company doesn't agree with the rating assigned by your treating doctor, it can require you to attend an independent medical examination (IME) with a doctor of its choosing. The IME doctor will likely assign a much lower disability rating, which the insurance company will use to justify paying you less in benefits. A lawyer can be essential to getting you a fair settlement or convincing a judge that you are entitled to the higher rating. (To learn more, see our article on how permanent disability ratings work .)

Why do insurance companies deny workers compensation claims?

For example, the insurance company might claim that your injury wasn't work-related or that you filed your claim too late. (To learn more, see our article on common reasons workers' comp claims are denied .)

What to do if you can't work again?

If you can never work again, you'll need to maximize your workers' comp benefits and structure them in a way to last well into the future. If you need to change careers, you'll need to secure training in a new line of work. A lawyer can help you do both.

What to do when you have a dispute with an insurance company?

Any time you're in a dispute with the insurance company, you should consider hiring a lawyer to represent you. You will need to gather evidence in order to challenge the insurance company's position, which may include taking depositions, requesting an independent medical examination, and hiring expert witnesses—all of which require legal knowledge and skill.

What to do if you have a work injury?

If your injuries are not clearly work-related, require extensive medical treatment, involve long periods of time off work, or result in permanent disability, you should call a workers' compensation lawyer.

Can you sue your employer for a work injury?

For example, if you were injured as a result of your employer's intentional act, or if you're a crewmember on a vessel or an interstate railroad worker, you can usually sue your employer in court for a workplace injury.