Palm Beach Workplace Accident Lawyer
A potential client called recently seeking information about an accident that happened at work. Our workers’ compensation attorney obtained the pertinent information and was getting ready to schedule a meeting when they asked a very important question: “Have you ever had an on the job accident before this?”
You would be surprised at how many people suffer a workplace injury and do not think about it as a workers’ compensation incident. However, almost any accident or injury, no matter how small or seemingly insignificant, can be a valid workers’ compensation claim.
The injured worker who was speaking to our work injury lawyer above advised us that they had actually been injured on the job a few months ago and that they had been moved to a new job which led to the instant injury and phone call.
When we investigated the matter further, we learned that the injured worker had two valid workers’ compensation injuries and that they were entitled to receive medical care and lost wages for both claims.
Interestingly, the employer’s workers’ compensation insurance carrier denied both claims. When discovery started it was clear that the “new” job was something that had only been in place for a few months and the move was due to an inability to perform the functions of the original job.
Once the workers’ compensation carrier learned of this move, the question was simple, “Why were they moved?” The answer, which was obvious to us, but not so clear to the work comp adjuster, was that the move was required as the injured worker had been hurt previously and couldn’t go back to the same job.
It then only took a few depositions to prepare for and get ready for a final hearing before a Judge of Compensation Claims. Finally, the carrier saw the light and our work injury compensation lawyer was ultimately successful in getting benefits for the injured work for both dates of accident.
Had our workplace accident lawyer not asked that simple question, the other claim may not have come to light, or possibly, it would have come to light but well after the statute of limitations had run and the law would have barred the injured worker from filing the older claim.
Asking the right question is the duty of all lawyers. But knowing when to ask the right questions is the sign of an experienced workers’ compensation lawyer. When looking to hire a workers’ compensation lawyer, find an attorney who asks you questions. Don’t get frustrated by an attorney who asks questions on the initial consultation.
It’s not your job to know what may or may not be a viable workers’ compensation claim. However, it is the attorney’s job to know what to listen for, what to ask for and what information is vital in order to maximize all potential claims.
Without knowing what to look for, you risk losing out on benefits that you may be entitled to under Florida’s workers’ compensation law. Let us help you sift through the information and find the facts needed to secure for you the care you deserve.
Contact Franks, Koenig & Neuwelt today for a free case evaluation.