The Orlando workers compensation attorneys and the Orlando on the job accident attorneys at Vaughan Maxwell are not only AV rated, they also have 25 years of experience representing and litigating injured workers’ claims.The AV Rating means that peer lawyers have acknowledged Vaughan Maxwell's excellance in both competency and ethics. This website sets forth samples of cases both past and present that are indicative of representation provided by the Orlando workers compensation lawyers at Vaughan Maxwell. Issues involving medical care, correct and timely compensation of money, compensability, and special needs and care for catastrophically injured workers have been some of many concerns for clients of Vaughan Maxwell throughout the years.Below is some general information concerning workers compensation in the state of Florida. For more specific information about the on the job accident lawyers at the Vaughan Maxwell firm, to include lawyer credentials and successes, the viewer should review this website.

What is workers’ compensation?
If an employee suffers an injury, illness, or death while on the job, they have the legal right to file a workers’ compensation claim through a workers compensation lawyer to seek medical and monetary benefits for their losses. Workers’ compensation claims, similar to insurance claims, are a request for benefits to cover the losses suffered by the employee and these claims can be filed by a worker compensation lawyer.

Federal and state laws require that virtually all employers purchase workers’ compensation insurance.   This type of worker’s compensation system is designed to (1) protect workers in the event of an accident or injury and (2) protect employers against civil lawsuits filed by an injured employee.

Special classes of workers—such as railroad, maritime, mining, and other employees—are protected by specific laws, which allow them to file a lawsuit against their employer for work related injuries.  The Federal Employer’s Liability Act, or FELA, is one such law, which allows injured railroad workers the right to seek compensation from their negligent employers.  

What injuries are covered under workers’ compensation?
In addition to work-related injuries that occur at the workplace during normal work hours, injuries caused during work-sponsored events, lunch hours, and breaks may also be covered under workers’ compensation benefits. A workers compensation lawyer is often needed to assist the injured worker in obtaining benefits. Furthermore, diseases caused by toxic chemicals in the workplace, injuries from machinery, preexisting injuries aggravated by the work environment, slips and falls, and mental or physical injuries caused by work-related stress may be covered under workers’ compensation. Again, a workers compensation attorney is often required. 

What benefits are awarded in workers’ compensation claims?
Employees who are seriously injured or killed because of work-related incidents are eligible to receive monetary benefits under workers’ compensation laws including, but not limited to:

• Medical care and expenses
• Lost income capacity
  
• Lost wages
  
• Occupational rehabilitation
  
• Reinstatement of employment
  
• More

in cases where a worker suffered a fatality, the family of the victim may be able to file a workers’ compensation claim on behalf of the deceased to recover their losses, which may include costs connected to the death.

Do I need an attorney to file a workers’ compensation claim?
While workers’ compensation claims are designed to be straightforward, laws do vary considerably from state to state and have certain procedural requirements. In some instances, workers’ compensation claims can lead to disputes that result in the delay or inappropriate denial of benefits. It is wise to seek the help of a qualified workers’ compensation attorney who will protect your legal rights and ensure you receive the amount of compensation you deserve.

If you belong to a protected group of workers, subject to federal statutes like the FELA, you will need a qualified and experienced attorney to help pursue your claim and help you seek compensation for your work-related injuries and other damages. 

In many cases, workers are injured by products, chemicals, or machinery they use in the workplace. In addition to filing a workers’ compensation claim, an injured employee may be eligible to file a third-party lawsuit against the manufacturer of such products to seek compensation for damages not typically covered under workers’ compensation including pain and suffering and punitive damages.

Statute of Limitations

In Florida the statute of limitations for bringing a workers compensation claim is two years from the date of accident or one year from the date that the injured worker last received authorized medical care or last received a workers compensation payment. This statute of limitations is very strict and can act as a harsh and total denial of all workers comp benefits. There are a few exceptions to this statute of limitations so a consultation with a workers compensation attorney is always a good idea.