According to the Occupational Safety and Health Administration (OSHA), work-related injuries and deaths are common in Florida, and according to the United States Department of Labor’s Bureau of Labor Statistics (BLS) the numbers of work-related accidents and fatal work injuries are growing. If you or a loved one sustained injuries due to a work-related accident in the state of Florida, contact a Cape Coral work Injury lawyer with The Landau Law Group at 866-703-4878 for help understanding your rights.
Your Work Accident Action Plan
There are a few things you can do after a work injury to protect your physical and financial health:
Alert Management of the Work-Related Injury
Your first step is to alert management that you were involved in an accident in the workplace. In the state of Florida, the Division of Workers’ Compensation gives you 30 days from the date of the injury to report your injury to management. Ensure that they take an official report of the accident and document the event and any injuries suffered. This creates an official record of the accident.
Obtain a Complete Medical Evaluation
If you have been injured on the job for any reason, you need to seek medical attention immediately. This will help ensure you get the medical care you need and creates a necessary link between your injuries and your work accident. Having a doctor examine you can provide your Cape Coral work Injury lawyer with documentation that will help to establish any work-related claim you may have.
Discuss Your Case with an Attorney
While most people are aware they may be entitled to workers’ compensation benefits, many are not aware that they might be able to hold certain parties liable for their injuries. By speaking with an attorney, you may be able to determine another party was liable for the injuries you suffered.
Cases in Which a Third Party Might Be Liable for Your Injuries
Per workers’ compensation laws, you cannot sue your employer for any injuries you suffer at work. However, there are several cases in which a third party (i.e., someone who is not your employer) might be liable for your injuries. They may include:
- A car accident in a company car: You were running errands for your job when someone turned left as you went straight through an intersection and T-boned your car. Because you were running errands for work, this is a work accident. The other driver is a third party who you can hold liable.
- An accident on the premises: You fall down the stairs in your office building due to a broken handrail. The property owner knew about the broken handrail but failed to fix it. You may be able to hold the property owner liable.
- An accident on a construction site: Another contractor on the site dropped a hammer off scaffolding. Because they did not have netting below them, the hammer hit you. You suffered a traumatic brain injury. The other contracting firm may be liable for your injuries.
Compensation You May Be Entitled to for Your Work Accident
If you are able to hold a third party liable for your injuries, you may be entitled to compensation for the following:
- Medical bills
- Lost wages
- Lost earning capacity
- Pain and suffering
- Mental anguish
We can also help you if you lost a loved one in a work accident. You may be entitled to compensation for funeral or burial expenses, lost earning capacity, and noneconomic damages.
How We Can Help
Filing an injury claim is difficult enough; it can be even more difficult when you are injured. We will handle all aspects of your claim on your behalf. This may include:
Investigating Your Accident
We will investigate your accident to determine how it occurred. This will allow us to determine any liable third parties. We will also gather evidence to prove the other party caused your accident:
- Surveillance video
- Eyewitness testimony
- Accident report
- Testimony from expert witnesses
Handling Communication and Negotiation
Many injured parties jeopardize their right to compensation when speaking with insurance companies. This is through no fault of their own. Insurance adjusters receive special training on how to get people to say things that the insurer can use against them. For example, simply saying “I’m sorry” can be twisted into an admission of guilt.
We can handle all communication with the insurer to ensure the adjuster does not attempt to take advantage of you.
The insurer might also offer you a low settlement in the hopes that you accept whatever you can get. If you accept this settlement, you could be leaving thousands of dollars on the table. Our team will determine a fair settlement value and negotiate with the insurer to obtain what you deserve.
Contact a Work Injury Lawyer in Cape Coral, FL
If you have suffered a work-related injury, you should contact a Cape Coral work injury lawyer as soon as possible. Workers’ compensation legal issues are extremely complex, so talking to a work injury lawyer can help you understand your rights. We can work with you every step of the way through your workers’ compensation claim or litigation against your employer if there was negligence.
Call The Landau Law Group at (866)-703-4878 to get started with a free consultation.