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Workers Compensation


If you’ve been injured on the job, Florida’s Worker’s Compensation laws can be difficult and confusing. Don’t Go It Alone!! You need an attorney who understands your rights and who will work to help you obtain the needed benefits and medical care you deserve! As a former insurance defense attorney with over 17 years of experience, Gregory S. Gefen, Esq., and his staff at the Gefen Law Firm have represented hundreds of injured workers just like you and can provide assistance with the following:

  • Denied/Controverted Claims
  • Wage Loss
  • Lump Sum Settlements
  • Disputed Medical Care
  • Catastrophic Claims/Death Benefits
  • Occupational Illness

WORKERS COMPENSATION FREQUENTLY ASKED QUESTIONS:

1. WHAT IS WORKER’S COMPENSATION?:

Workers Compensation is a system of laws designed to provide basic needed benefits to workers who have been injured in the course and scope of their employment.

2. WHAT TYPE OF BENEFITS AM I ENTITLED?:

If you are injured on the job, Florida Statute 440 automatically entitles you to certain benefits, mainly Medical Care (including emergency room care, prescriptions, specialized care and therapy) ; and Temporary Wage Loss. If your injury results in a, more permanent or long-term impairment, you may be entitled to other benefits, including rehabilitation/retraining, permanent impairment benefits or long-term permanent total disability benefits.


3. DO I HAVE TO HIRE A LAWYER TO OBTAIN WORKER’S COMPENSATION BENEFITS?:

While Worker’s Compensation benefits are supposed to be provided automatically by the employer or insurance carrier, there are many instances where the benefits are provided untimely or incorrectly, or that entitlement to such benefits is disputed without proper justification. Remember, it is the insurance company’s job to minimize their exposure by paying as little as possible on each claim or by not paying required benefits until they are forced to!!

Having an experienced Worker’s Compensation attorney involved in your claim early on to explain your rights can help ensure that you are paid properly and that your medical benefits are coordinated in a timely manner. At the Gefen Law Firm, we do not charge a fee for an initial consultation (or case evaluation) and we accept cases on a "contingency" basis. This means that if we do not make a recovery for a client, no attorney fees or costs are charged.

4. AM I ENTITLED TO A LUMP SUM SETTLEMENT?:

A lump sum settlement, or “washout,” of a worker’s compensation claim is a voluntary agreement between the injured worker and the employer/carrier, whereby the employee accepts a lump sum amount of money in exchange for closing his/her rights to receive future medical care or lost wages. Such settlements and may or may not be appropriate in certain circumstances. Once again, since all settlements are voluntary, a judge cannot award a lump sum settlement!!

At the Gefen Law Firm, we have provided assistance with numerous clients in determining whether a lump-sum settlement is right for you and, in instances where settlements are appropriate, fought to obtain the most favorable settlement, either through direct negotiation or through mediation.

Workers Compensation Resources:

Injured Worker’s Workshop - What You Need to Know

http://www.fldfs.com/wc/IWW_Web_presentation_alex_sink.ppt#1

Florida Worker’s Compensation Statutes:

http://www.leg.state.fl.us/Statutes/index.cfm?
App_mode=Display_Statute&URL=Ch0440/titl0440.htm/

Florida’s Agency for Workplace Innovation:

http://www.floridajobs.org/workforce/index.html


USEFUL INFORMATION