Hudson Workers’ Compensation Lawyer
The insurance company has lawyers working for it. You need a Hudson workers’ compensation lawyer working for you.
A job-related illness, like hearing loss, or injury, like a fall, turns life upside down, often in an instant. Unfortunately, the doctor’s diagnosis or trip to the emergency room is just the beginning of a seemingly bottomless downward spiral. People who cannot work to support their families often slip into depression. That depression makes their physical illnesses harder to treat, which worsens their depression, and the spiral continues.
A Hudson workers’ compensation lawyer from the Rooth Law Firm uses the legal system to reverse this downward spiral. However, the compensation process is usually long and difficult. Only the most experienced lawyer can build a solid case that overcomes some common obstacles to maximum benefits. A dedicated lawyer makes a difference as well. My law firm focuses exclusively on disability benefits. Since we only do one thing, we do it well.
Benefits Available
Florida’s workers’ compensation system is full of challenges. Usually, the civil court system is even more challenging. So, many years ago, injured workers agreed to surrender their right to sue in civil court if their bosses funded a no-fault insurance system that:
- Pays Medical Bills: The average injury-related medical bill exceeds $40,000. Mist group health insurance policies exclude such costs. The medical bill payment benefit helps ensure that victims are not left holding the bag financially. This comprehensive benefit usually applies to all medical expenses, not just hospital bills.
- Replaces Lost Wages: Financial stress contributes to the aforementioned downward spiral. Usually, an injured worker is the family’s primary or only breadwinner. The lost wage replacement benefit eases this financial stress. Usually, victims receive two-thirds of their average weekly wages (AWW) until their doctors clear them to return to work.
Florida law typically allows ill or injured workers to choose their own doctors. Usually, a Hudson workers’ compensation lawyer connects victims with doctors who provide top-notch care without charging any money upfront.
Generally, these benefits are available even if the worker was mostly at fault, or entirely at fault, for a job-related injury. Likewise, full benefits are available if a non-work or pre-existing condition contributed to the risk or severity of an illness.
Some victims may file legal claims outside the system and obtain additional benefits, mostly compensation for emotional distress and other noneconomic losses.
Speaking of suing outside the system, my team also handles Social Security Disability Insurance matters. In terms of procedure and benefits, SSDI is very similar to workers’ compensation.
Obstacles to Overcome
Although workers’ compensation is no-fault insurance, some limited defenses to liability (legal responsibility), such as on-the-job drug use or horseplay, apply in some cases.
Challenges to damages, or the amount of compensation, are much more common in workers’ compensation matters.
Many insurance adjusters incorrectly calculate the victim’s AWW. This miscalculation usually includes a failure to account for future AWW changes. For example, if Jim’s job injury forces him to miss an upcoming performance bonus milestone, his lost wage compensation should include that item.
Workers’ comp pays reasonably necessary medical bills. Insurance adjusters often equate “reasonably necessary” with “cheapest available.” For example, they will pay for minor hip surgery but not a hip replacement.
Well-prepared lawyers anticipate these defenses and know how to avoid or overcome them in court and during settlement negotiations.
Count on a Dedicated Pasco County Workers Compensation Lawyer
Injured workers have important legal and financial rights in Florida. For a free consultation with a board-certified workers’ compensation lawyer in Hudson, contact the Rooth Law Firm. Virtual, home, and hospital visits are available.