I should start by stating that my firm does not handle Workers Compensation claims, although we know plenty of other great attorneys who do. But there is an obvious connection between Florida workers compensation claims and third-party negligence claims.
In fact, sometimes the injured party has a choice as to whether they want to proceed with a worker’s comp claim, or a third-party negligence claim. The goal of this article is to explain the pros and cons of each.
The goal of the Florida workers compensation system is noble in its intention: rather than go through the regular civil litigation process where the plaintiff has the burden of proving negligence, which can take years to resolve (during which time the injured party may not be working or receiving medical treatment), the workers compensation system allows an injured worker to get a portion of their lost wages and medical treatment almost immediately.
In exchange, the worker gives up his or her right to sue the employer for negligence and cannot receive compensation for pain and suffering. The laws detailing how the Florida Workers Compensation system works can be found in F.S. 440.11.
The problem comes, of course, when the statute’s noble intention is muddled by employers and workers comp insurance companies trying to save a buck. Unfortunately, the medical benefits provided under the Florida workers compensation system are controlled by the employers and workers comp insurance carriers.
To keep their benefactors happy, workers compensation doctors are incentivized to minimize the severity of an worker’s injury and prematurely deem them able to work (thereby cutting off reasonable and necessary medical care too soon).
Met with Robert after I had a car accident in Pembroke Pines. Very nice man. Nice staff who answered my questions and got a good settlement.
Great lawyers, great attention to detail, great trial strategies. I am a trial consultant who has worked with the top attorneys in the United States. NKP are the best of the best.
Amy Singer, Ph.D, Trial Consultant
Neufeld, Kleinberg & Pinkiert, PA handled my case against Uber for me and got me a great settlement after I was involved in an accident. They handled all of the negotiations with my doctors and with the other lawyers to get me the best deal possible. I definitely recommend their services!
Daniella Di Prizio
Neufeld, Kleinberg & Pinkiert, PA handles a variety of personal-injury cases. We understand that you are concerned about getting healthy, getting back to work, paying your bills and of course, being fully compensated for your loss. Contact us to start the path to wholeness from your injury today.Get Consultation
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While we are proud to call Miami and Aventura home, we are also more than happy to help injured people living anywhere in the Sunshine State. In fact, we’ve even been known to travel all around the country just to meet our clients’ needs.
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How do you determine a settlement value? This varies case by case. A claim can determine settlement value based on what medical bills and injuries may cost.
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