Workers’ Compensation is a benefit that is available to nearly all employees in Florida who suffer “an injury that arose out of and in the course of their employment”. That is true whether you are a full time, part time or even seasonal worker. It is used to pay an injured person’s medical care and a portion of their lost wages. Plus, it’s at no cost to the injured employee! Although it is supposed to be a self-executing system, unfortunately without an attorney, the process can be quite complex and difficult to navigate.
Work related injuries typically include:
Some important workers’ compensation issues that arise most often include:
Whether your Employer properly classified you as an Employee or Independent Contractor at the time of the accident. Certain unscrupulous companies try to avoid paying workers’ compensation benefits by alleging that you are not entitled to them.
Did the injury occur while you were on the job, traveling to and from it or were merely located on the employer’s premises? Typically, going and coming to/from work is not covered under the law however there are exceptions.
What Benefits are you entitled to: Lost Wages, Medical Treatment and or a Tax-Free Lump Sum Settlement? Again, you cannot always trust your job and or their insurance company to tell you the truth about everything an injured person may be entitled to; so please ask us!
Although workers’ compensation insurance does not operate like health insurance, we can still assist in obtaining medical care in your area.
What type of Vocational Re-Training, Education and Job Placement Assistance are available if you cannot return to your previous occupation? The State of Florida offers assistance in this regard and at no cost to the employee.
Are there any other Federal / State / Private programs that may impact the amount of your benefits, i.e. Pensions, Short / Long Term Disability Plans, Social Security Disability Benefits, Supplement Security Income, Unemployment Benefits, etc. Know all the facts about how these various programs interact with one another by contacting our office for free information.
Diminished Value is the reduction in value of a vehicle that occurs as a result of an accident. If your car, motorcycle, truck and or RV is involved in a crash which is not your fault there may be a valid claim. This is true even if it is fully repaired to its pre-accident condition. The reason?
Even after being fixed, it is now generally worth a lot less than a similar vehicle that has never been damaged. That’s because potential buyers are likely to be concerned about the vehicle’s safety, reliability, and overall condition, which can lead to a lower resale value. This information can typically be found in a vehicle’s history like a CARFAX® report.
There are several factors that can affect the amount of a Diminished Value claim, including the original cost of the vehicle, severity of the accident, its age and condition, and the type of damage sustained. For example, a newer vehicle, a luxury automobile, exotic car, truck and or RV that have sustained significant damage are likely to experience a higher Diminished Value than an older and or less expensive one that has sustained only cosmetic damage. Do note that if you lease, the Diminished Value claim belongs to the vehicle’s owner and not you as the lessee.
If you are involved in an accident that was caused by someone else’s negligence and your vehicle sustains damage, one may be entitled to receive significant financial compensation for the Diminished Value. Why? Simple, as this compensation is intended to cover the difference in value lost between your vehicle before and after the accident. It’s like getting additional cash in your pocket, whether or not you actually suffered injuries from the crash itself!
To make a Diminished Value claim, evidence needs to be provided of the vehicle’s value before and after the crash. An appraisal report must be generated which will compare the value of similar vehicles that have not been involved in an accident. Other required documentation includes the police report, proof of the final repairs and claim number of the other owner’s at-fault insurance company.
Although a person can try to do all of the work themselves, insurance companies are typically focused on minimizing their own costs, so they may not offer the full amount that one is entitled to. Unfortunately, they live by the mantra “Deny, Delay and Defend”.
We will navigate the Diminished Value process, negotiate with the insurance company for you to ensure that fair compensation is obtained. Our law firm handles these cases on a contingency basis. That means there are no attorney’s fees and or costs unless there is a settlement or court award. Mind you if you were also injured in the crash, our team can assist with a personal injury and or workers’ compensation claim.
Loss of use, in the context of a motor vehicle accident, refers to the damages that arise from the inability to use one’s car, truck, or RV while it is being repaired due to the crash. These damages are typically measured by the cost of renting a similar vehicle for the period that the person’s is out of service while getting fixed. The goal of compensation for loss of use is to put the owner of the damaged vehicle (who was not at fault), in the same position they would have been in if the accident had not occurred, and they were able to continue using it without interruption.
Product Liability is the legal liability a manufacturer and or seller creating, producing and or distributing to the general public a defective product, like a medical device or drug. Are you aware that these defective and or dangerous products cause thousands of injuries in the United States alone, each and every year?
This area of the law states that the particular company or companies may be held liable for a person’s injuries after placing a defective product into the market place based upon a manufacturing defect, design defect and or a failure to warn the end user. Various state regulations help regulate product liability law under the theories of negligence, strict liability and or breach of warranty. The Food and Drug Administration also plays a part in this complicated arena of the law.
Product Liability for a defect can occur against various parties anywhere in the chain of distribution including: the actual manufacturer; a manufacturer of some of the product’s component parts, the assembling or installing company, wholesaler and finally, even the retail store.
We all know that some technology can help improve, save and or prolong our lives. That’s obviously a good thing. What happens however if that “technology” causes significant harm or even death? Sure, there are state and federal governmental agencies that issue safety standards and laws for the various products that we use, but they traditionally don’t actually test all of the products marketed to consumers.
Defending drivers — including CDL/commercial operators — against traffic citations, DOT violations, and license point accumulation. We fight to protect your driving record and livelihood.
Creative immigration strategies to navigate complex cases. We seek every legal avenue to achieve your desired result, whether you’re seeking family reunification, business visas, or deportation defense.