What should I do if have an accident?

If you have a work accident—

  • Notify your employer right away.

  • Ask your employer to send you to a doctor.

  • Even if your employer does not send you to a doctor, see a doctor right away to make sure that you are diagnosed and treated, and to ensure that your complaints are documented.

  • Keep records of the expenses you incur as a result of the accident and copies of all paperwork.

  • Speak to an attorney as soon as possible to ascertain your legal rights.

  • Avoid giving an interview to the insurance company adjuster without first speaking to an attorney.


Will I lose my job if I file a claim?

While one cannot always predict how an employer will react, Florida law states the following:  440.205 Coercion of employees.—No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law. If the employer violates the law, the employer may be liable for damages in a separate suit. The separate suit is not part of your workers’ compensation case.


Do I have to file a lawsuit against the employer?

Workers’ compensation cases are filed with the State of Florida Division of Administrative Hearings, Office of the Judges of Compensation Claims.  Your employer at the time of accident will be named as a party, but virtually all employers we file against have workers’ compensation insurance, and the insurance company will be paying your benefits, not your employer.


Will you have difficulty finding future employment because the next employer will know if you filed a claim in the past against your employer? 

Future employers can review past workers’ compensation claims but accidents do happen.  A reasonable employer will understand that.  Perhaps if someone is very accident prone and has numerous cases, future employers will be concerned.  Our clients routinely secure new employment, including while the case is still ongoing.


How much will it cost to work hire our law firm and when do you pay?

Our firm charges nothing unless we recover benefits for you.  You pay 30% or less when there is a recovery.  The amount is often less because we often recover a portion of our attorney’s fees from the insurance company, sometimes 100%, thereby reducing or eliminating your responsibility for attorney’s fees.  Costs work the same way, whereby our costs are paid only if we recover benefits for you, and we often recover part of our costs, sometimes 100%, thereby reducing or eliminating your responsibility for costs.  You pay nothing unless and until we recover benefits for you.

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