“Workers' compensation" refers to a system of laws outlining specific benefits to which injured employees are entitled and the procedures for obtaining such benefits. Every state has its own workers' compensation laws, which vary to an extent from state to state. Additionally, there are special federal workers' compensation laws for employees of the federal government and other specific types of industries. Below are some introductory details about New Smyrna Beach workers' compensation laws and answers to questions we’re commonly asked from individuals who have been injured on the job.
At Aaron Delgado & Associates, our attorneys provide experienced representation for injured workers in New Smyrna Beach. We are skilled at handling a range of workers' compensation claims for employees who have suffered work-related injuries. We have offices in Daytona Beach and DeLand. Our Daytona office is located at 227 Seabreeze Boulevard, Daytona Beach, FL 32118.
Filing a workers' compensation claim is similar to filing an insurance claim; it isn't a lawsuit against an employer, but rather a request for benefits. Our lawyers handle a range of workplace accident situations and assist clients in seeking Social Security Disability benefits as well.
Under Florida law, most businesses must have some form of workers' compensation insurance to cover injured employees. If you have been injured on the job, our lawyers can explain the complexities of workers' comp and help you secure the benefits to which you are entitled.
Without a true emergency jeopardizing your health, safety or welfare, it is advisable to first seek treatment through the employer's workers' compensation carrier. The carrier should be given a reasonable opportunity to provide care and treatment. Unfortunately, in many circumstances, you may not select your own doctor for treatment. If your care and treatment is delayed, it is wise to confer with an experienced New Smyrna attorney to be sure you do not become responsible for unauthorized medical care and treatment before you seek care on your own.
Preexisting injuries can undoubtedly affect the outcome and medical coverage in a workers' compensation case. In many circumstances, the relevant question is whether the major contributing cause of the need for treatment is the workers' compensation injury. In certain circumstances, the employee has the burden to show the work injury is the clear and convincing cause of the need for treatment. Depending on the circumstances, the insurer may choose to begin providing care while simultaneously seeking answers to the questions above during a 120 day investigatory period. This is one of the most complex and up in the air aspects of a workers' compensation case, and we are glad to provide an assessment and guidance on the front end, rather than trying to untangle it on the back end.
Employees have a duty to try to resolve disputes before initiating litigation. Once litigation begins, if needed, the law suggests the issue should be decided within 210 days of when the formal petition for benefits is filed. Certainly that can be delayed in certain circumstances, but, with an effective and efficient litigator by your side, that is uncommon.
Call 386.222.6677 or start your case online to contact a New Smyrna workers' compensation lawyer who will fight for your rights and keep your best interests in mind. Many times our fees are payable over and above what the client's award is, and commonly the client can pocket the entire award while we recover fees and costs, in addition to the award, from the defendant.