Know When to File A Workers’ Compensation Lawsuit

Sustaining an injury at any time is unpleasant to say the least, but when it happens at work it is nerve-racking. Traveling to and from doctor’s appointments in pain compounds the stress and frustration.

Injured workers do not realize they can and should file a lawsuit for any injuries sustained in the workplace. Filing a Workers’ Compensation lawsuit is a constitutionally protected right in Florida. You should absolutely exercise your right and hire an experienced Workers’ Compensation lawyer in West Palm Beach.

Here are five important signs you should file a Workers’ Compensation Lawsuit:

1) You were injured while on the job.

Florida Workers’ Compensation law is no fault.  You are entitled to Workers’ Compensation benefits regardless of who caused the accident. Any injuries you sustain while working are actionable. LaBovick Law Group has two experienced Florida Workers’ Compensation attorneys.  We can evaluate your case and ensure you are taking the correct steps to file a Workers’ Compensation lawsuit.

Examples of accidents/injuries on the job are:

1) Slip and Falls

i.e.: While at work for Publix you slip and fall in the frozen food section because of a leak in the freezer.

2) Motor Vehicle Accidents

i.e. Your boss asks you to deliver supplies to a vendor.

Exception: All travel to and from work is generally not covered under Florida Workers Compensation Law.  However, if your boss asks you to run an errand for the company you will absolutely be entitled to Workers’ Compensation benefits.

3) Chemical and Mold Exposure

4) Lifting Heavy Equipment/Operating Heavy Machinery

2) You are in a lot of pain after an injury on the job.

Workers’ Compensation insurance in Florida covers all medical treatment. In other words, the Workers’ Compensation carrier will pay for all medically necessary medical treatment in relation to the workplace accident. If you are in a lot of pain after the accident you should report the accident and ask for medical assistance as soon as possible. Medical assistance includes emergency and hospital care if the injuries are more pronounced and require immediate attention. Workers’ Compensation will likewise provide rehabilitative care, chiropractic care, pain management, prosthetic devices, radiographic scans, and therapy. If you are injured at work, please call LaBovick Law Group’s Workers Compensation attorneys to discuss a potential Workers’ Compensation lawsuit.

3) After the workplace injury your employer asks you to keep the accident to yourself.

I have experienced many situations where an employer tells an injured worker to keep the injury to him/herself or risk termination. The employer believes his workers’ compensation rates will increase. Do not fear! Wrongful or retaliatory termination is illegal in Florida.

An employer cannot threaten to fire or terminate you because you were injured on the job.  It is your legal right to file a Workers’ Compensation lawsuit. The Florida Workers’ Compensation attorneys at LaBovick Law Group can file both a Workers’ Compensation lawsuit and a retaliatory termination lawsuit on your behalf. Do not let your employer bully you. All employers with four or more employees should have Workers’ Compensation insurance.

Companies pay for the Florida Workers’ Compensation insurance and pay premiums on a yearly basis. Your employer is not paying out of pocket for the treatment.  File your Workers’ Compensation Lawsuit and receive medical and lost wage benefits.

4) It has been a year and a half since your accident and you have not filed a workers’ compensation lawsuit.

Imagine a scenario where you were injured at work and you are in pain. However, you delay filing because you have never filed a lawsuit prior to this accident.  It is ESSENTIAL to file the Workers’ Compensation Lawsuit before two years have elapsed from the date of the injury.  Florida Workers’ Compensation only gives you two (2) years from the date of the injury to file a lawsuit.  DO NOT DELAY!  Make sure to report the accident within 30 days as well!

These timetables are unfortunately hard and fast rules of law. If you do not file a case within two years the statute of limitations will bar any action. If you do not report the accident within 30 days you have violated the Reporting Requirements of the Florida Workers’ Compensation law and will have no recourse.  Our Florida Workers’ Compensation Attorneys will educate you about all rules, regulations, and laws that fall under the Florida Workers’ Compensation law. We will ensure you are in compliance with the law and that your paperwork is filed in a timely fashion.

Call LaBovick Law Group’s Workers Compensation attorneys to ensure you have correct and sufficient information to file the Workers Compensation Lawsuit.

5) The Workers’ Compensation Carrier Refuses To Authorize Treatment Or Lost Wages

Florida Workers’ Compensation Law provides medical and lost wage benefits to injured workers. However, insurance carriers are not always willing to pay out Florida Workers’ Compensation Benefits. They deny without hesitation. It is crucial to contact our office to put an end to the delay! Insurance Companies are in the practice of claims denial and claims delay. They attempt to “hide the ball” and deny without taking an injured worker’s statement. THIS denial process is a very important SIGN that you need to contact a Florida Workers’ Compensation Attorney. Do not let the insurance carrier prevail. File your Workers’ Compensation lawsuit. Allow our team of Workers’ Compensation Attorneys to overturn the denial of the claim and ensure you receive necessary medical and lost wage benefits. You should be compensated for your time out of work due to the work-related injuries. You should likewise receive medical treatment for the pain you are experiencing due to the on-the-job accident.

CONCLUSION

It is essential for employees who are injured on the job to have a Workers’ Compensation attorney in Florida review all of their documents prior to filing a Florida Workers’ Compensation lawsuit. Remember, you must report the accident to your employer within 30 days. You must also file the lawsuit within two years. It is essential that you file the correct paperwork to ensure Medical and Lost Wage Benefits. We have won medical and lost wage benefits for our clients. Our system is designed to do that seamlessly and effortlessly once we file your Workers’ Compensation lawsuit.

Our firm, LaBovick Law Group, has proven time and time again to spearhead the attack on insurance companies who mislead injured workers and act against their obligations on the Workers’ Compensation Law. We will not back down from a fight, even against a giant company like McDonald’s.

If you are an injured worker or a Personal Injury attorney, give us a call.  Let us prove our value!  Let us ensure medical and lost wage benefits for workers injured on the job.  We are available 24/7/365 for a call at (561) 623-3681.  Once we make contact I will provide you with my personal cell number so you always have access to ask me a Workers’ Compensation question on the fly!

It’s easy to get started

Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

It’s Easy to Get Started

Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.