Delray Beach Workplace Accident Attorney
Hundreds of workers die on the job every year in Florida, and thousands more are seriously injured. Workers’ compensation benefits provide some measure of relief to injured workers, but the benefits are limited and restrict the worker from suing an employer whose own negligence may have caused the accident. As an experienced Delray Beach workplace accident attorney, Craig D. Earnhart understands the rules regarding workers’ comp and third party liability. By looking at every aspect of a workplace accident and determining who is responsible for causing the accident, Earnhart Law can help accident victims recover the maximum compensation available to help with their medical care and other financial needs. Learn more about recovery for workplace accidents below, and contact Earnhart Law if you have been injured on the job in Delray Beach or south Palm Beach County.
Workers’ Compensation: Medical Expenses & Partial Wage Replacement for Workplace Accidents
The Florida Workers’ Compensation system is supposed to help pay for your medical care and lost wages if you miss work due to a workplace accident, or if you return to work on restricted duty at a lower rate of pay. Unfortunately, many aspects of Florida workers’ compensation law favor the employer over the employee, and companies and their insurance carriers find many ways to deny or dispute your claim. For instance, they may claim that your injury is exaggerated or that you are not really injured at all, even going so far as to hire investigators to follow you and catch you acting inconsistently with your disability. They may also claim that your injury is not job-related or is due to a pre-existing condition.
It is a sad fact that the majority of Florida workers’ compensation claims are actually denied. Having an experienced personal injury attorney on your side can prove invaluable in filing a successful claim and standing up to the insurance companies if they try to dispute your claim. Earnhart Law can help you obtain medical care and the following types of benefits:
- Indemnity Benefits – Partial wage replacement (cash benefits)
- Temporary Total Disability – Two-thirds of your regular wages for up to two years while you are disabled, or as much as 80% of your wages for a critical injury
- Temporary Partial Disability – Temporary benefits to make up for a diminished earning capacity, covering a portion of the difference of your pre and post-injury rate of pay
- Impairment Benefits – Compensation based on a permanent impairment rating established after you have reached the maximum medical improvement for your condition
- Death Benefits – Up to $150,000 for a surviving spouse after a fatal work accident, including up to $7,500 for funeral expenses, compensation for wage loss, and education benefits for the surviving spouse
Get the Most Compensation with a Third Party Liability Claim in Addition to Workers’ Comp
Workers’ Compensation benefits only go so far and never fully compensate you for your losses. Although you cannot sue your employer for negligence in a workplace accident, there may be a third party whose negligence is responsible for causing the accident. In these cases, you may pursue a personal injury claim against that negligent third party. As an experienced and successful personal injury attorney, Craig D. Earnhart can help you get the maximum compensation available by pursuing both workers’ compensation and third party claims on your behalf. Some examples of situations where third party liability may apply include:
- You are injured by defective tools or equipment which were defective when they left the manufacturer
- You were hurt in a slip and fall while working off-site on someone else’s negligently maintained premises
- You were involved in a car accident with a negligent or distracted driver while making deliveries, running errands for work, or traveling between job sites on the clock
Call Earnhart Law for Help after a Workplace Accident in Delray Beach
If you have been injured on the job in Delray Beach or south Palm Beach County, report the incident as soon as possible to your supervisor and ask for a doctor for medical treatment. Then, call Earnhart Law for a thorough review of your case, including help obtaining workers’ compensation and any third party liability claims you may have.