Skilled West Palm Beach Workers’ Comp Lawyer Helps With Your Claim

Experienced advocates with offices in West Palm Beach and Stuart, FL

If you have been hurt at work, the financial pressure mounts quickly. Florida Workers’ Compensation law requires most businesses to provide workers’ compensation coverage for their employees, but many victims of workplace injuries are frustrated in their attempts to obtain the benefits they’re entitled to.

At Vassallo, Bilotta & Davis, our dedicated South Florida lawyers fight on behalf of injured workers so that they can obtain medical treatment, lost wages, and collect reimbursement for medical expenses and rehabilitation costs. Our experienced advocates handle initial filings and appeals to maximize your likelihood of a successful resolution.

Proven lawyers provide complete legal support for injured employees

When you are hurt at work, you are required to report the accident and incident to your employer or immediate supervisor within 30 days. Your employer should file a First Report of Injury with their workers’ compensation insurance carrier. If your employer fails to report your claim, you should contact the insurance company directly or contact an attorney to assist you in reporting your claim.

Once your claim is filed, the employer/carrier should begin providing you with the medical benefits and indemnity benefits you are entitled to, and you should have easy access to all types of benefits, but unfortunately, disputes are common and many require professional and experienced legal representation to resolve. Matters that we regularly address in West Palm Beach and Stuart include:

• Denied claims — Insurers often attempt to deny claims they say are not work-related. They might also believe a worker has not been injured. If you have received a Notice of Denial, we can help you by filing the appropriate claims and Petition for Benefits with the Office of the Judges of Compensation Claims, or OJCC. We will compile the evidence necessary to present your claims to the Judge of Compensation Claims (“JCC”). If your claim is unsuccessful, we may consider an appeal  directly to the First District Court of Appeal.
• Denied treatment — When you have a work-related injury or illness, you are entitled to all reasonable and necessary treatment for your condition. If you disagree with your treating physician’s plan of care and you want to try a different course of treatment, you can request a change of doctors. The last thing you should be required to do is pay out of pocket or through your private insurance to get treatment for your work injuries. We can advocate for your preferred treatment to overcome unreasonable restrictions.
• Changing doctors — You are entitled to one change in doctor for your claim. If you request a change in doctor and the insurance company authorizes the change within five days of your request, the insurance company is entitled to choose the doctor. If the insurance company fails to authorize a change during the five-day period, you can select the doctor you wish to see. You must be careful in deciding when to request a change, because you are only entitled to one change per claim, even if several different specialists are treating your conditions.
• Permanent disability ratings — If you reach the point of maximum medical improvement but have a loss of function due to your work-related condition, a doctor assigns you a disability rating. The higher the rating, the higher your level of impairment benefits or compensation. If you feel the doctor gave you an unfairly low rating, we can help you appeal the rating.
• Permanent total disability settlements — If you reach the point of maximum medical improvement but are still unable to work, you may be entitled to permanent total disability, or PTD, benefits. Since PTD is meant to partially replace your earnings over the course of an expected career, the total payments are often very high. Often, insurance companies want to pay one lump sum or a structured settlement. It’s important to get professional advice and counsel before accepting a settlement offer.

Our personal injury lawyers also fully investigate your case to see if there are grounds for a negligence lawsuit. We offer injured workers a free initial consultation and only charge attorneys’ fees on a contingency basis. This means that we are paid only if our firm secures benefits for you through a decision or a settlement with your employer or their insurance carrier.

Strong advocates throughout the appeals process

The workers’ compensation appeals process can be daunting. If you get a Notice of Denial, we can attempt to negotiate with the employer and/or the insurance company. If negotiations stall, you must file a Petition for Benefits with the Office of the Judges of Compensation Claims. The judge often orders mediation, where a neutral mediator attempts to reach a compromise between the two parties. If mediation fails, the claims in your Petition for Benefits (“PFB”) is heard before the JCC within 210 days of the PFB’s filing.

This is similar to a civil trial, where each side calls witnesses and submits evidence.  The judge renders a decision within 30 days. If the OJCC denies your claims, the next and final stop is an appeal before the First District Court of Appeals. This is an appeal on the record, so neither side is permitted to present new evidence. Navigating the appeals process requires experience and skill. You should only trust your case to workers’ comp attorneys with a solid record of success.

West Palm Beach attorneys help family members seek death benefits

The Florida Workers’ Compensation law provides eligibility for up to $150,000 in death benefits and $7,500 for funeral expenses if a worker dies from his or her work-related condition within five years of the accident. Family members who can receive death benefits include the spouse, child, parent, sibling or grandchild. However, these family members must demonstrate that they depended on the decedent for substantial financial support on a regular basis, and that the support was reasonably expected to continue into the future. We can also counsel you regarding the possibility of a wrongful death action.

Contact a West Palm Beach workers’ comp lawyer for a free initial consultation

Vassallo, Bilotta & Davis represents injured employees in Florida workers’ compensation claims. Please call 561-471-2800 or contact us online to schedule a free initial consultation at one of our offices, located in West Palm Beach and Stuart.