Workplace Accident Lawyer Palm Beach
Workers’ compensation and civil lawsuits in Florida are both legal protections to help protect employees if they are injured on the job. However, the two function very differently. They work through different processes and often lead to different payouts. Additionally, most people are only eligible for one or the other. These distinctions are crucial to construction workers. Construction accidents are common and as a result, construction workers may find themselves consider whether they are eligible for workers’ compensation or a civil claim. If you have suffered a work injury or illness, contact Franks, Koenig & Neuwelt to speak with a workplace accident lawyer Palm Beach workers trust.
Some Common Injuries in the Workplace
Understanding and being aware of the most common types of workplace accidents and injuries can help you avoid said injuries—and if you still wind up injured, don’t worry because a good lawyer can help with your claim.
- Slips, trips, or falls
- Strained muscles
- Being hit by falling objects
- Strain injuries due to repetition
- Crashes or collisions in vehicles
- Cuts or lacerations
- Inhaling toxic fumes
- Exposure to loud noises or bright lights
No matter your injury or claim, reach out to a Palm Beach workplace injury lawyer today.
The Difference Between Workers’ Compensation and Civil Lawsuits
These two remedies, workers’ compensation and civil lawsuits, function on different principles. Workers’ compensation is an insurance system that an employer pays into. Then, if one of their employees is harmed at work, the employee can file a claim. There may be a hearing to determine if the claim should be paid, but there is no attempt to assign fault for the injury. If the claim does qualify for payment, then the damages are computed based on a table of rates, usually multiplied by the worker’s salary.
A civil lawsuit is an entirely different setup. In this scenario, an employee can bring legal action against their employer for their injury on the job. Unlike workers’ compensation, the entire point of the lawsuit is to assign fault for the employee’s injury. If the worker can show that the employer or someone else was at fault for their injury, then the employee is entitled to recover damages from them. Unlike the workers’ compensation payments, which are highly standardized, these damages will be specially calculated based on the employee’s actual injuries.
A Palm Beach workplace accident lawyer can help you determine which legal action is the most appropriate for your situation.
Eligibility for Either
Under ordinary circumstances, most injuries on the job qualify for workers’ compensation, severely limiting an employee’s ability to file a civil lawsuit. However, some cases would still allow a worker to sue someone for an on-the-job injury. One such circumstance is if a third party causes the worker’s injury. This could either be something like a car accident that occurs while at work or a product liability case, like a faulty ladder that collapses. Another common scenario that allows for lawsuits related to on-the-job injuries is when an employer is grossly negligent, which the law defines as a deliberate act intended to cause harm to the employee.
Construction workers also have specific exceptions built into the workers’ compensation rules. Injuries resulting from elevated work such as falls from ladders or scaffolding do not fall under workers’ compensation. Similarly, injuries related to falling objects are also not covered under workers’ compensation.
If you have recently been injured in a construction site accident and would like to understand your options better, contact a Palm Beach workplace accident lawyer from Franks, Koenig & Neuwelt today. Our team of professionals stands ready to help you understand your legal rights.
What Makes You a Contractor or Employee?
A contractor and an employee are very different in terms of how the IRS and other legal companies identify them.
Contractors are defined as someone who works for the employer, but they are paid per job, a flat fee, or may receive payments in parts—such as half at a time, they are likely a contractor. Contractors, like volunteers, do not have a lot of protections regarding their jobs. They do not receive health insurance or any insurance through the company they work for. Contractors also do not receive help to pay their taxes like employed people do—they are responsible for the total amount of their taxes, where an employed person halves their taxes with their employee. A contractor doesn’t have a ton of paperwork like employees do.
An employee has legal rights regarding job protection, works a set number of hours a week, is paid a regular wage, receives benefits, has taxes withheld by their employer, and their employer wholly dictates their work schedule. Full-time employees receive even more protections, such as severance, workers’ comp, anti-discrimination protections, and they have more job security.
Should a contractor be injured on a worksite, though, reach out to a Palm Beach workplace accident lawyer from Franks, Koenig & Neuwelt to discuss whether a civil lawsuit or workers’ comp claim would better benefit you. For every injury, there’s a way to get compensation; you need the right lawyer at your side to help you do it.
If you are an employee, the process is a little more straightforward because you have worker comp rights built into the work system you are part of. But that doesn’t mean it’ll be any easier to get workers’ comp or a civil lawsuit claim filed. You’ll, once again, want a Palm Beach workplace accident lawyer to help you with your case. A good lawyer with enough experience is going to have handled everything at least once, and there’ll be fewer surprises for you—or your lawyer—if you start working with someone you trust.
Franks, Koenig & Neuwelt are prepared to provide the best service they can to their clients, whether you are a contractor, a part-time worker, or a full-time employee that’s having trouble after a workplace accident that led to an injury.
Workplace Accident Lawyer Palm Beach
Suffering an injury while doing your job may be so impactful that you need to rely on a workplace accident lawyer in Palm Beach. Unfortunately, accidents in the workplace can be all too common, resulting in injuries that can be severe, even impacting a person’s ability to continue earning a living. While in most cases, workers’ compensation should manage a portion of your losses, when there are complications, medical bills may go unpaid. This can be incredibly stressful, and knowing who to turn to can quickly become overwhelming. However, when you notice certain complications with the process, it’s imperative to reach out to the Law Offices of Franks, Koenig & Neuwelt for assistance.
Are Workplace Accidents Prevalent?
An accident in the workplace can happen nearly anywhere. While it’s important to note that employers should provide a safe environment for their employees, some jobs are more hazardous than others, making the risk for accidents high. These accidents can be impactful for all parties involved. However, the employee stands to experience lost wages and physical injuries (some of which may be permanent) as a result. Among the most common ways injuries occur include:
- Motor vehicle accidents
- Slips, trips & falls
- Accidents involving heavy machinery
For many injured workers, workers’ compensation may be the most appropriate way to obtain assistance with medical expenses and a portion lost wages from missed time away from work. Additionally, a third-party claim may also be an option if damages have been suffered. However, keep in mind, cases are not always straightforward, and complications could arise, which is why it’s a good idea to reach out to our Palm Beach, Florida workplace accident lawyer.
Know There Is a Problem and Take Action
When managing injuries and the stress surrounding a workplace accident, it’s not uncommon to be left unsure of what to do next. Complications with workers’ compensation benefits or your legal claim can be incredibly stressful. As a result, you may find that your medical bills are piling up, with no way to pay them. This is likely not the only impact injured workers, and their families will experience. As medical bills become overdue, it may be even more challenging to keep up with daily expenses due to missed time away from work. If you experience any of the following, it’s time to immediately reach out to the professionals from our team for guidance:
You Experience Adverse Action From Your Employer
If you begin having problems with your employer after the accident and experience retaliation as a result. If you are demoted or fired due to filing for workers’ comp benefits, you must protect your rights with a lawyer.
You Are Having Difficulty Accessing Your Benefits
Workers’ compensation allows workers who are injured access to medical benefits, a portion of their lost wages, and more. However, when medical expenses are not covered, it may be a sign of a more significant problem. You have a right to access these benefits after a work-related injury and, our team can help.
One of the first steps to take after a claim denial is to reach out to an experienced lawyer. In some cases, there may be a way to rectify the issue. However, at times the process can be complicated, and you may require professional help to receive the compensation you are entitled to.
We know that the time following a work-related accident can be rife with unknowns, and the emotional toll can be significant for you and your family. You deserve help from the Law Offices of Franks, Koenig & Neuwelt when you need it the most. Please schedule a consultation with our Palm Beach workplace accident lawyer before it’s too late.