Statewide Workers’ Compensations Lawyers Located In Vero Beach

At Matheson and Horowitz, our main focus is on helping injured workers across the state of Florida secure the compensation they need after being hurt on the job. If an injury has forced you to miss work, we understand that paying your bills and providing for your loved ones can be extremely stressful. We are here to guide you through the process and do everything possible under Florida’s workers’ compensation laws to secure the full range of benefits to which you are entitled.

How Workers’ Compensation Works

The Florida Workers’ Compensation Act was designed to be a “no-fault” system that replaces lost wages and medical benefits to employees who are hurt on the job. This means that employers who pay into workers’ compensation insurance are generally immune from lawsuits if an employee is injured at work – even if it is the employer’s fault.

Unfortunately, the workers’ comp process rarely works the way it was designed. Insurance companies frequently delay, deny or undervalue claims, including legitimate ones. Our attorneys at Matheson and Horowitz aggressively fight for injured workers, seeing that they recover full compensation for workplace injuries, repetitive trauma and occupational diseases under Florida workers’ compensation law.

Who Is Eligible For Workers’ Comp in Florida?

The vast majority of businesses in Florida are required to carry workers’ comp insurance and provide benefits to injured workers. This includes construction companies with at least one employee, non-construction businesses with at least four employees and agricultural firms with at least six employees. Independent contractors are generally ineligible for workers’ compensation.

For an employee to be eligible for workers’ compensation benefits, their injuries must have occurred while they were performing work-related duties. Eligible employees include temporary and seasonal workers, brand-new employees and part-time workers. Undocumented immigrant workers are also entitled to benefits for on-the-job injuries.

If your employer denies that you are eligible for workers’ compensation but you believe that you should be covered, it is important to seek legal guidance on the issue right away.

What Types Of Injuries Are Covered By Workers’ Comp?

Florida’s workers’ compensation covers a wide variety of injuries, ensuring that workers receive the necessary support and benefits to recover and return to work. Some main categories of injuries include:

Occupational Illnesses And Repetitive Stress Injuries

Occupational illnesses and repetitive stress injuries develop over time due to the nature of the work environment or repetitive tasks. They may include:

• Carpal tunnel syndrome: A condition that causes pain, numbness, and tingling in the hand and arm
• Tendinitis: Inflammation of the tendons, often caused by repetitive motion
• Hearing loss: Damage to hearing due to prolonged exposure to loud noises
• Respiratory conditions: Illnesses like asthma or chronic bronchitis caused by exposure to harmful substances
• Skin disorders: Conditions, such as dermatitis, caused by contact with irritants or allergens

These conditions are particularly prevalent among hospitality workers, construction professionals and office employees who perform repetitive tasks daily. Many Florida residents don’t immediately recognize these gradual-onset conditions as work-related, often delaying crucial treatment. Documentation is essential for establishing the connection between workplace conditions and the resulting illness or injury. Prevention strategies include ergonomic workstation design, proper protective equipment, regular breaks and workplace safety training. Early intervention typically leads to better outcomes and may prevent permanent disability. Workers’ compensation claims for these conditions can be challenging to prove, requiring detailed medical evidence and often expert testimony to establish causation. Employers have legal obligations to provide reasonable accommodation for affected workers returning to their duties.

These types of injuries may require ongoing medical attention and can significantly impact a worker’s ability to perform their job.

Traumatic Physical Injuries

Traumatic physical injuries are sudden and severe injuries that occur due to accidents or unsafe working conditions. They include:

• Fractures: Broken bones resulting from falls, collisions or heavy lifting
• Lacerations: Deep cuts or tears in the skin caused by sharp objects or machinery
• Burns: Injuries caused by exposure to heat, chemicals or electricity
• Spinal cord injuries: Damage to the spinal cord that can result in partial or complete paralysis
• Amputations: Loss of limbs due to severe injury or surgical removal

These devastating injuries frequently lead to prolonged hospitalization and multiple surgical interventions, creating substantial financial burdens for victims and their families. Recovery timelines vary dramatically depending on injury severity, with some patients requiring months or years of specialized rehabilitation services. Beyond the immediate physical trauma, victims often experience significant psychological effects, including depression, anxiety and post-traumatic stress disorder. Many traumatic injuries result in permanent disabilities that necessitate lifelong accommodations and assistive technologies. The economic impact extends beyond medical costs, including lost wages, reduced earning capacity and expenses for home modifications.

Early intervention with comprehensive medical care and appropriate legal representation is crucial for maximizing recovery outcomes and securing adequate compensation for both immediate and long-term needs. These types of injuries often necessitate extensive medical treatment and rehabilitation to restore function and quality of life.

Mental And Nervous Injuries

Mental and nervous injuries can result from traumatic events or prolonged, stressful work environments. These include:

• Post-traumatic stress disorder (PTSD): A mental health condition triggered by a terrifying event
• Anxiety disorders: Excessive worry or fear that can interfere with daily activities
• Depression: Persistent feelings of sadness and loss of interest that affect overall functioning
• Work-related stress: Chronic stress caused by job demands and pressures
• Emotional trauma: Psychological damage resulting from distressing experiences at work

Invisible injuries such as these can be just as debilitating as physical ones, often requiring extensive therapy and treatment. Many people face challenges when seeking compensation for mental health conditions, as insurance companies frequently demand substantial documentation and expert testimony. Recovery often involves a comprehensive approach including medication, counseling, lifestyle changes, and sometimes temporary or permanent workplace accommodations.

Florida law recognizes certain mental health conditions as compensable injuries, particularly when they arise from extraordinary work circumstances or accompany physical injuries. Building a strong case requires thorough medical records, consistent treatment history, and expert witnesses who can explain how the condition impacts your daily functioning and ability to work.

Whatever your condition, it is important to seek legal guidance to help you pursue compensation for your injuries here in Florida.

Understanding The State’s Workers’ Compensation Statute Of Limitations

Filing a workers’ compensation claim in Florida is subject to strict time limitations. Missing these deadlines can result in the permanent loss of your right to receive benefits, regardless of how severe your injuries may be. The attorneys at Matheson and Horowitz are committed to helping injured workers understand these crucial deadlines and take prompt action to protect their rights.

Florida law establishes several important deadlines for workers’ compensation claims:

● Initial injury reporting: You must report your work-related injury to your employer within 30 days of the accident or within 30 days of when a doctor determines your condition is work-related.
● Filing the claim: You have two years from the date of your injury to file a petition for benefits with the Office of the Judges of Compensation Claims.
● Medical benefits: Claims for medical benefits must generally be filed within one year of your last medical treatment or payment of compensation.
● Occupational disease claims: For occupational diseases that develop over time, the statute of limitations begins when you first noticed symptoms and reasonably should have known they were work-related.

Taking immediate action after a workplace injury protects your legal rights and offers several additional advantages:

● Preserving evidence: Vital evidence can disappear or deteriorate over time, making it harder to prove how your injury occurred.
● Witness recollection: Witnesses’ memories fade, potentially weakening your claim if statements are not obtained promptly.
● Medical documentation: Immediate medical attention creates contemporaneous records linking your injury to your workplace accident.
● Preventing claim denial: Insurance companies often use delayed reporting as grounds to question the validity of claims or deny them altogether.
● Accessing immediate benefits: Prompt filing means faster access to medical care and wage replacement benefits when you need them most.

If you have missed a deadline, do not assume all is lost. Certain exceptions may apply in cases involving fraud, incapacity or when the employer failed to inform you of your rights. Our knowledgeable workers’ compensation attorneys can evaluate your situation and determine if any exceptions might allow your claim to proceed despite missed deadlines.

We Help With Catastrophic Injuries 

One of the main benefits of working with us at Matheson and Horowitz is that we have extensive experience with catastrophic injuries. These could include spinal cord injuries (SCIs), amputations, burn injuries and traumatic brain injuries (TBIs), among many others.

It takes a special attorney to understand how to navigate the benefits and compensation needed for tailoring medical equipment and supplies or accommodations that might be needed in these circumstances. That experience is critical when it comes to fixing a value on your claim. It is also important to explore additional workers’ compensation benefits that may be available to you, such as vocational rehabilitation services.

To properly value a claim, you must consider the long-term costs of your injuries, not just the immediate financial impact. When you come to us, you can count on our experience and knowledge to help you seek the full compensation you really deserve. We are more than happy to answer any questions you may have during this difficult time.

Fighting For Maximum Compensation For Injured Workers

While the “no-fault” system may sound fair, it doesn’t erase the risk of disputes between the employer, the injured worker and the workers’ compensation insurer. Disagreements often lead to legal battles regarding what care should be covered, how an injury happened, how much medical care the insurance provider should pay for and many other issues. Some insurance companies will even deny legitimate claims.

We are here to fight for workers facing these situations. There are times when this will be accomplished by going to trial and taking a tough stand. There will be other times when negotiations or working out an agreement may be in their best interest. As we are working with our clients, we are mindful to keep them informed so that they can participate in every step of the process. We believe it is vital for clients to be involved in reaching the outcome that is preferable for them.

Get answers to common questions about workers’ compensation claims.

Workers’ Compensation Rights For Minor, Seasonal And Temporary Workers

Florida’s workers’ compensation system is designed to protect all employees, including minors, seasonal workers and temporary workers, in case of workplace injuries or illnesses. Despite the unique circumstances of these groups, the law ensures they have access to the same protections and benefits as full-time employees.

• Workers’ compensation rights for minor employees: In Florida, workers under 18 are covered by workers’ compensation laws. Employers must provide benefits if a minor is injured on the job, regardless of whether the minor was employed in compliance with child labor laws. If an employer violates these laws, they may face additional penalties, and the minor may be entitled to enhanced benefits. Injured minor workers can receive medical care, lost wage benefits and compensation for permanent injuries, just like other employees.
• Protections for seasonal and temporary workers: Seasonal and temporary workers are equally entitled to workers’ compensation benefits in Florida. Employers must carry workers’ compensation insurance for these workers if they meet state coverage requirements, such as having four or more employees in most industries. Whether employed for a few weeks or several months, seasonal and temporary workers injured on the job can receive medical treatment and wage replacement benefits.

Unfortunately, minor, seasonal and temporary workers may encounter challenges when pursuing workers’ compensation claims. Employers may incorrectly classify them as independent contractors, which could result in a denial of benefits. In other cases, workers may face intimidation or misinformation about their rights. However, Florida law prohibits retaliation against employees who file for workers’ compensation.

The process of a workers’ compensation claim as a minor, seasonal or temporary worker in Florida can be complex. A workers’ compensation attorney can help ensure you receive the benefits you are entitled to and advocate on your behalf if your claim is disputed or denied.

Employers are legally obligated to carry workers’ compensation for all eligible employees, regardless of age, part-time status or temporary role. Retaliation for filing a claim is prohibited under the law, and workers can seek legal recourse if benefits are denied unfairly.

If you are a minor, seasonal or temporary worker struggling with a workers’ compensation claim, a lawyer can protect your rights and help ensure fair compensation.

Get Knowledgeable Workers’ Comp Help Today. Call For A Free Consultation.

Many people think they can handle their workers’ compensation claims on their own, but it costs nothing to get advice and guidance from an experienced workers’ comp lawyer. At Matheson and Horowitz, we offer free consultations and only get paid if we recover compensation for you. Please contact our team today at 772-571-4109 to arrange for a consultation. Telephone and video consultations are available. Se habla español.