Workman's Comp Overview
Workers’ compensation litigator Joan Dymond Horenstein is our firm’s lead attorney, working to protect the rights of people who have suffered work-related injuries. For 15 years, our firm has focused its energy entirely on matters of workers’ compensation law, ensuring that injured workers get the appropriate medical care, effective rehabilitation, and fair compensation that they deserve under the law. At The Law Office of Joan Dymond Horenstein, P.A., we help injured South Florida workers petition for benefits, appeal denied claims, and obtain the medical treatment and equipment they need. When serious injuries prevent a person from returning to the workplace, we help petition for permanent benefits.
If you gave been injured at work, you need an experienced lawyer to represent you. Contact Joan Dymond Horenstein, P.A for a free consultation.
| The Law Office of Joan Dymond Horenstein, P.A.
Florida Workers’ Compensation Lawyer
5210 South University Drive, Suite 102
Davie, FL 33328
Phone: 954-689-0708
Hablamos español.
Falamos português. |  |
Joan Dymond Horenstein P.A. Davie workers compensation attorney serving the people of Broward, Palm Beach & Miami-Dade Counties. Workers’ compensation and personal injury law in South Florida, including Davie, Miami, Fort Lauderdale, Sunrise, Weston, Boca Raton, Plantation, Port St. Lucie, Coral Springs, Wellington, Jupiter, Miramar, West Palm Beach, Hialeah, Pembroke Pines, Homestead, Naples, Bonita Springs, Ft. Myers, and Sarasota.
The laws that govern workers' compensation guarantee that an employee who is injured on the job or contracts an industrial disease will receive money benefits to cover lost wages and medical bills. In exchange, the employee may not sue the employer for any negligence. There are sound public policy reasons for the workers' compensation system. First, it offers an efficient way to determine compensation. Second, the no-fault model affords the employer secure knowledge that there will be no expensive and time-consuming litigation. Third, the amount of litigation that work injuries and illnesses could conceivably produce would overwhelm the court system.
Most workers' compensation claims fall under the jurisdiction of the states, so each employer should first look to its own state's workers' compensation law because variations exist from state to state. Some employees and employers fall under federal workers' compensation law, such as most federal employees, maritime, energy, mining and railroad workers. If you are faced with a workers' compensation issue you should seek legal counsel. Contact a workers' compensation attorney at our firm for more information.
Employer Responsibility
State law determines which employers are required to provide workers' compensation coverage to their employees. A few states do not require very small employers with only a handful of employees to furnish coverage. Most employers are required to purchase workers' compensation insurance, but some states allow some larger employers to self-insure, meaning that they have sufficient resources to cover workers' compensation claims independently and without insurance. Still other states require employers to pay into a state-wide workers' compensation fund from which claims are paid. If the employer is not exempt and does not hold workers' compensation insurance or comply with similar provisions, it may be open to civil penalties, fines or lawsuits.
Employers are generally protected against civil liability in court, except in a few situations that vary from state to state. Depending upon the circumstances, the employee may both receive workers' compensation funds and have the ability to sue his or her employer for damages:
- Injury caused by reckless, malicious or intentional act
- Injury caused by violation of state or federal law
- Discrimination, sexual harassment, violation of privacy or defamation
Covered Conditions
The majority of workplace injuries and occupational diseases are covered by workers' compensation. Guidelines are relatively straightforward and typically require that the injury occur on the job and in the course of employment. The injury does not usually have to happen at the job site or home office, as long as the travel or off-site activity is part of the employment.
Some exceptional circumstances may prevent the employee from receiving benefits, such as the following:
- Injuries occurring as a result of criminal activity
- Injuries resulting from violation of posted or known company policy
- Injuries related to intoxication
- Off-work injuries
- Injuries incurred during the work commute
- Some mental or emotional harm
- Self-inflicted injuries, usually including suicide
The laws governing these exceptions to coverage tend to be complex and vary widely among the states and depending upon the individual circumstances, so it is best to apply for benefits and consult a lawyer, rather than assume an injury or illness is not covered.
Conclusion
Workers' compensation involves a trade-off between employer and employee. The employer is not held liable for a workplace accident in exchange for a guaranteed benefit for the employee. Aside from a few exceptions, an employee cannot sue an employer for an injury that occurred on the job. For legal advice concerning workers' compensation issues in your workplace, consult a skilled workers' compensation attorney at our firm.
Copyright ©2009
FindLaw, a Thomson Business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
