Melbourne Work Accident Lawyer

For over three decades, the Schiller Kessler Group has stood as a formidable force in protecting the rights of Florida’s hardworking employees. As experienced Melbourne personal injury lawyers, we understand the impact a workplace accident can have on individuals and their families.

That’s why we approach each case with unwavering determination and a relentless commitment to securing the maximum benefits and compensation our clients are entitled to.

When you’re facing mounting medical bills, lost wages, or the prospect of long-term disability, you can count on our Melbourne work accident lawyers to be in your corner every step of the way.

About Workers’ Compensation in Florida

Workers’ compensation is a no-fault system that lets injured workers cover the costs of treating an injury and missing work. Almost all workers are entitled to benefits, but there are certain conditions you must meet before you can claim it:

• You must be legally employed
• The injury must have happened during work
• The cause of your injury must have been while performing a work-related activity.

The no-fault system lets workers get money quickly to return to work as soon as possible. You don’t have to fight to prove your employer harmed you. However, you cannot sue your employer except in rare situations, like if an employer intentionally harmed you.

Our lawyers help victims of work-related accidents navigate the workers’ compensation system. We can help you with your initial claim to make it as strong as possible, but most workers turn to us after their claim is rejected or less than needed to cover your costs.

What Benefits Can I Get Through Workers’ Compensation?

If you’ve been hurt in a work-related accident, here are the benefits you can get through Florida’s workers’ compensation system:

• Lost wages: If you cannot work because of your injury, you can get a percentage of your current weekly wage to cover you until you recover.
• Medical expenses: Your employer’s insurer should cover all the costs for medical treatment for your injuries. In fact, you shouldn’t even see a bill. Your medical providers will bill your employer’s insurance directly.
• Disability benefits: If you’re disabled temporarily or permanently because of your work-related injury or illness, you can get additional benefits.
• Vocational rehabilitation: If you cannot return to your old job because of your injuries, you can get money to pay for job training, education, and other reemployment services to find a new job.
• Death benefits: If your loved one died due to a work-related illness or injury, you can claim death benefits like funeral expenses and financial help.

The goal of workers’ compensation is to get injured workers back to work as quickly as possible, but it also provides ongoing income for employees who gave up their health in exchange for their employer and cannot work again.

What Are My Responsibilities as an Employee?

There are three crucial things that you must do to claim workers’ compensation. If you do not do them, you may be denied workers’ compensation, and there will be little room to appeal.

Notify Your Employer

First, notify your employer of your injury. You must do this within 30 days of your accident or when you first noticed symptoms. This starts the workers’ compensation process. A delay means an insurer could claim your injuries didn’t happen at work, and 30 days is the limit for notification by law.

Get Medical Attention

Second, seek medical care immediately and follow your doctor’s instructions. Your examination will confirm your injury is work-related. You may have to go to a specific doctor required by your employer’s insurer to get covered by workers’ compensation.

Submit a Claim

Third, you need to submit a claim to Florida’s Division of Workers’ Compensation within two years of the injury or illness start date. This is where hiring a Melbourne workers’ compensation attorney can help you.

Why Might an Insurer Refuse to Pay Workers’ Compensation?

Insurance companies cover the costs of workers’ compensation claims but strive to pay victims as little as they can get away with. They may try certain tactics to get out of paying what you’re owed. For example, they may try to claim:

• You were intoxicated at the time of your accident
• You didn’t follow your workplace’s safety protocols or failed to wear proper PPE
• You were acting irresponsibly at the time of the accident

If an insurer tries to shut down your claim with something like this, you need immediate legal representation. Our work accident lawyers in Melbourne can begin working to protect your rights.

When Can I Sue My Employer?

Working with the complex workers’ compensation system in Florida can be challenging, but there are instances where you may be able to pursue a direct lawsuit against your employer.

In cases of severe or catastrophic injury, pursuing a personal injury lawsuit can help you recover additional damages. This is important because it may allow you to recover non-economic damages like pain and suffering and loss of future earnings.

The experienced attorneys at SKG are well-versed in these nuanced scenarios and can help you understand your rights and options.

Employer Failed to Carry Workers’ Compensation Insurance

One key scenario is if your employer failed to maintain the required workers’ compensation insurance coverage. In Florida, employers with four or more employees are legally obligated to carry this insurance.

If your employer has neglected this duty, our experienced lawyers can help you pursue a lawsuit to recover the benefits you are rightfully owed. This is particularly important if you have experienced a major injury or permanent injury.

Deliberate Harm or Gross Negligence

Another possible avenue for a direct lawsuit is if your employer has deliberately harmed you or exhibited gross negligence regarding your safety.

This could involve forcing you to perform dangerous tasks, disregarding safety protocols, or failing to provide necessary protective equipment.

By reviewing your employer’s OSHA inspection history, we can assess whether there is a pattern of safety violations that contributed to your physical injury.

Suing a Third Party

In addition to potential personal injury claims against your employer, you may also have grounds to pursue a lawsuit against a third party whose actions or negligence contributed to your workplace injury.

Our legal team can help you identify all viable avenues for recovering the compensation you deserve.

Establishing Employer Negligence

To successfully sue your employer, we must demonstrate that they were negligent in their duty to maintain a safe work environment. This requires a thorough investigation and meticulous documentation of the circumstances surrounding your injury.

Our work accident attorneys in Melbourne have extensive experience navigating these complex cases and are prepared to aggressively advocate for your rights.

Our workers’ compensation lawyers in Melbourne are committed to fighting for your rights and ensuring you receive the full benefits and justice you’re entitled to.

Contact a Melbourne Work Accident Law Firm Today

Before you call us, notify your employer that you were injured and see the medical provider your workplace requires. Tell the truth about what happened to the doctor, and do not embellish. Then, contact our Melbourne work accident lawyers.

We will help you through the workers’ compensation process with compassion and an eye toward justice. Employers cannot exploit the health of workers in the name of profit without giving you care when you need it. We make sure that it happens. 

With no upfront costs and a free initial consultation, there’s no reason to face this challenge alone. If you or a loved one have been injured on the job, don’t hesitate to contact the Schiller Kessler Group today. We’re ready to fight to ensure you get the maximum compensation and benefits possible.