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Construction is one of the most dangerous of all industries in America. People who work in this industry face many risks every day. Some of the most common workplace accidents in the construction industry include being hit by falling tools or debris, falls, electrocutions, explosions, burns, machinery accidents, trapped in or between, trench collapses, rollovers, and vehicle accidents, among others.

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.

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.

You do not need to bring anything to the meeting. However, it is helpful to bring documentation relevant to your situation. For example:

• A copy of a document showing the exact name and address of your employer (this allows us to clearly identify the employer involved).
• Medical records or reports related to your injury (this allows us to identify who diagnosed you and details that may not have been mentioned compared to the information you provided at the meeting).
• Documents about your salary or other records related to current employment income (these documents are very important in determining the size of each disability check you may receive under workers’ compensation).
• Information or documentation from your employer’s insurance company (your employer’s insurance company pays your benefits and we file your claim against that insurance company).
• Identifying information and statements of witnesses who were present at the time of the injury (if there is a dispute about the accident, the witnesses can help us win your case).
• A list of questions that you have prepared (the attorney will answer your questions at the end of your meeting with the attorney).

Again, you may not have this information when we first meet. We will work with you to find out how to obtain this information if you need it. Due to our extensive experience, our attorneys routinely obtain important documents and materials relevant to your case.

Your employer must report your injuries, and if he or she fails to do so, could be subject to fines and penalties. While the employer has the right to dispute your claim once filed, they cannot stop you from filing a claim.

The benefits paid by the workers’ compensation system in Florida allow you between 64 percent and 66 2/3 percent of your average weekly wage, paid every two weeks.

It is not uncommon for a workers’ comp claim to be denied. If you received a “Notice of Denial,” it can be a shocking and worrying situation – you need the benefits you are entitled to under the law. If you were denied, our workers’ comp attorneys at Panzer Law can take your case in hand and file a Petition for Benefits.  This initiates the process and typically will lead to what is termed a “mediation conference” to attempt to resolve the dispute, and thereafter a trial before a judge if the dispute is unresolved.  Our legal team can take action on your behalf in this situation.

Florida is what is termed a “comparative negligence” state. If you were partially responsible for what occurred, the amount of compensation you are paid would be reduced by the percentage that you are believed to be responsible for.

Unfortunately, many drivers are operating vehicles without auto insurance. If the drunk driver has no insurance or is under-insured, a claim can be filed with your own auto insurance provider. Although a lawsuit could be filed to attempt to seek compensation by another method, these negligent drivers often do not have assets that make this approach successful.

You may be unsure if you have a right to seek compensation. Take advantage of our free case consultation to find out if your case has merit.

Your personal injury claim involves several types of damages, called “economic damages,” which are the financial losses you experienced, and “non-economic damages,” which are more personal and include pain and suffering and loss of quality of life.

Our firm charges nothing unless we recover benefits for you. In a workers’ compensation case, 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. In a personal injury case, you pay 33% if the case settles before the defendant files an answer in a lawsuit, or 40% if the case does not settle before the defendant files an answer in a lawsuit.  Costs work the same way, whereby our costs are paid only if we recover benefits for you.  In workers’ compensation cases, 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.

While a minor injury could be resolved without an attorney, any case that involves serious injury, catastrophic injury, or loss of life should be managed by a skilled personal injury lawyer.

Rather it should be useful. In our office, we collect information about your case and help clients to be well informed and comfortable when they come in for an initial consultation. We share important information in at least two ways and develop your case to best handle it for your unique situation.

When you first walk into our office, we’ll sit down and go over the reason for your visit. You will discuss your case with one of our attorneys. If you speak Spanish, you will discuss your case with a Spanish-speaking attorney. One of our staff members will collect information about you and your situation. We will ask you specific questions about your background, your employment, and your injury. Our interview will be extensive and in detail, to obtain the most complete information about your situation. When we are well informed, it allows us to better prepare your case. At the close of the meetings, we may have some tasks for you to do and help us follow up after our meeting, and we will also be running a series of processes after our meeting to start your case as soon as possible.

Workers’ compensation is a system that provides benefits to employees who are injured or become ill while performing their job duties. Almost all employers in New York are required to provide workers’ compensation coverage, and most employees are eligible for it.

You should notify your employer as soon as possible after the injury occurs. Your employer will then provide you with the necessary forms to report the injury to the Workers’ Compensation Board and their insurance carrier.

Yes. In New York, you may choose your own medical provider as long as they are authorized by the NYS Workers’ Compensation Board to treat injured workers. If you are unsure whether a particular provider is permitted to treat you under Workers’ Compensation, you can simply call their office and ask, or use the following search tool provided by the WCB: https://www.wcb.ny.gov/HealthCareProviderSearch/?submitHome=Search+for+Health+Care+Provider+or+IME

Generally, you should report the injury to your employer within 30 days. However, you have up to two years to file a claim with the Workers’ Compensation Board.

If your claim is denied, you have the right to appear before a Workers’ Compensation Law Judge (WCLJ) who will then adjudicate the compensability of your claim. It is strongly recommended that you retain an attorney to assist you with this process.

Yes. Workers’ compensation in New York is a no-fault system. You can generally receive benefits regardless of who was at fault for the injury.

Your wage replacement benefits are up to two-thirds of your gross average weekly wage, subject to statutory maximum and minimum limits.

If you return to work after an accident, you should notify the insurance carrier and your attorney immediately. If you are no longer able to work full duty, or make your full wages due to the work-related injuries/disability, you may be eligible for reduced earnings. Reduced earnings are wage replacement benefits that help make up the difference between your pre-injury/disability earnings and your post-injury/disability earnings.

If your benefits are terminated or reduced prematurely, you can dispute the decision and seek reinstatement or an increase. You should consult with your attorney about the process for contesting a suspension or reduction in benefits.

Some injuries due to intoxication, self-infliction, or actions violating company policies may not be covered.

Yes, you can settle your claim with the insurance company through a Section 32 agreement, but it’s crucial to consult an attorney to ensure it’s in your best interest.

Workers’ compensation is a no-fault system that provides benefits without proving fault, while a personal injury lawsuit requires establishing negligence. If your accident involves the negligence of a third party while working, you may be able to file both a workers’ compensation claim and a personal injury lawsuit. You should consult with your attorney if you think a third party may be responsible for your injuries.

Yes, you can apply for both workers’ compensation and Social Security Disability benefits, but there is an offset. Injured workers’ who receive wage replacement benefits through workers’ compensation and social security disability can only receive up to 80% of their “average current earnings” as determined by the Social Security Administration.

The timeline varies, but benefits should begin shortly after your claim is approved, often within a few weeks.

Yes, you have the right to appeal decisions regarding your workers’ compensation claim. You should seek legal representation to navigate the appeals process effectively.

In such cases, the Workers’ Compensation Board may provide benefits through the Uninsured Employers’ Fund.

Yes, if your job aggravated a pre-existing condition, you may be eligible for workers’ compensation benefits.

Injuries that occur while you are performing job-related tasks, even if not at your workplace, may be eligible for workers’ compensation benefits.

You may be able to file a third-party lawsuit in addition to a workers’ compensation claim to seek additional compensation.

You may be required to use a pharmacy that is approved by the insurance carrier in your workers’ compensation claim. If the insurance carrier in your workers compensation claim has such a requirement, they must notify you in writing at the outset of your claim.

In certain circumstances, stress-related injuries or mental health conditions caused by work-related factors may be eligible for benefits.

You may be entitled to vocational rehabilitation services or benefits if you cannot return to your previous job.

The frequency of medical examinations varies, but they are typically required as part of the claims process.

No, it is illegal for your employer to retaliate against you for filing a workers’ compensation claim.

Yes, you have the right to choose your own attorney to represent you in your workers’ compensation case.

You can seek a second opinion from a different doctor as long as they are authorized by the WCB to treat injured workers.

In some cases, injuries related to alcohol or drug use may lead to a denial of benefits, but it depends on the specific circumstances.

Workers’ compensation benefits are not considered taxable income for federal or state income tax purposes.

All workers’ compensation attorneys in New York work on a contingency fee basis, and the amount they are permitted to charge is fixed by the Board. An attorney is not permitted to charge you a retainer fee for their services, or charge a fee that is not approved by the WCB.