On Behalf of Rosenthal, Levy, Simon & Sosa | December 22, 2024 | Workers' Compensation
After many types of personal injuries, victims can file lawsuits to seek compensation from liable parties. It is only natural to wonder when you might be able to sue after a workplace injury, though this is a much more complicated question.
At Rosenthal, Levy, Simon & Sosa, we are here to help you identify all possible legal options after a work injury, including a possible lawsuit. Contact our West Palm Beach workers’ compensation lawyers today to discuss your case and find out how we can assist you.
When Your Claim is Denied and Initial Appeals Fail, You Might File a Lawsuit Against the Workers' Comp Insurer
Not all workers' comp claims are approved. Sometimes, your claim may be denied by the workers' comp insurer, leaving you without the benefits you deserve. There is an appeals process, but if it is unsuccessful, you likely wonder what your next options might be.
In such cases, you have the option to file a lawsuit against the workers' comp insurer. This is a complicated legal process, and you need to have a skilled workers' comp lawyer handling it.
When filing a lawsuit against the workers' comp insurer, you must present strong evidence to support your case. This can include medical records, witness statements, and any other relevant documentation. A workers' comp lawyer will help you gather and organize this evidence, ensuring that it is presented effectively in court.
You Might Sue Your Employer if It Does Not Have the Required Workers' Compensation Coverage
Florida law requires most employers to carry workers' compensation insurance to protect their employees in the event of a work-related injury or illness. However, some employers fail to obtain or maintain the necessary coverage, leaving their employees vulnerable to financial hardship following a job-related injury or illness.
If your employer does not have the required workers' compensation coverage, you have the right to sue them for compensation. A workers' comp lawyer will handle this legal process and fight for the compensation you deserve.
You Can Sue a Third Party for Negligence
In some cases, a work-related injury or illness may be caused by the negligence of a third party. For example, if you were involved in a car accident while driving for work-related purposes, you may have a valid personal injury claim against the negligent driver. In such situations, you have the right to sue the third party for damages.
Suing a third party for negligence requires a thorough understanding of personal injury law. An injury lawyer will assess the circumstances surrounding your injury and determine if you have grounds for a third-party lawsuit.
Consult a West Palm Beach Workers' Compensation Attorney Now
At Rosenthal, Levy, Simon & Sosa, our team of experienced West Palm Beach workers' compensation lawyers is dedicated to fighting for the rights of injured workers. We will work tirelessly to secure the compensation you deserve, including pursuing a lawsuit in civil court when necessary. Contact us today to schedule a consultation and let us help you through this challenging time.
On Behalf of Rosenthal, Levy, Simon & Sosa | December 01, 2024 | Personal Injury
In Florida, if your condition worsens after your personal injury protection claim is accepted, you can still seek additional medical care and compensation. Increased pain, new symptoms, or trouble with daily tasks should be reported to your doctor and the insurance company immediately.
You may qualify for more treatment or compensation, though the insurance company might challenge your claim. If you or a loved one’s condition has worsened after a car accident, a Port St. Lucie personal injury attorney will help you get the care and compensation you deserve.
Signs Your Condition Might Be Getting Worse
First, how do you know if your condition is really getting worse?
- More pain than before
- New symptoms you didn't have before
- Having a harder time doing everyday tasks
- Needing more medication
- Your doctor saying your condition has changed
If you think your condition is getting worse, you should tell your doctor right away. Follow all your doctor's instructions and keep a record of how you're feeling and what's changed. Then, consult your Port St. Lucie lawyer about your next steps.
Can You Get More Compensation?
If your condition gets worse, you might wonder if you can get more compensation, which could cover:
- Coverage for more medical treatment
- Additional compensation for increased pain and suffering
- Reimbursement for new expenses related to your worsened condition
Challenges You Might Face
Sometimes, getting more compensation can be tough. Your insurance company might say your worsened condition isn't related to the original incident, argue that you're not worse off, and try to send you to their own doctor for a second opinion.
This is where having a good personal injury lawyer in Port St. Lucie can really help to stand up for your need for additional coverage.
The Importance of Medical Evidence
To get more compensation, you'll need proof that your condition is worse. This usually means:
- Medical records from your doctor visits
- Results of new medical tests
- Statements from your doctor about how your condition has changed
The stronger your medical evidence, the better chance you have of getting the help you need.
What If Your Claim Was Already Settled?
If your claim was already settled, it can be harder to get more compensation. Most settlements include language that prevents you from seeking more money later. However, if your worsened condition is significantly different from what was expected, and you only settled a claim through your no-fault insurance, you might have options. This is a complex situation where a lawyer's advice is crucial.
How a Port St. Lucie Personal Injury Lawyer Can Help
If your condition is getting worse after a claim, don’t handle it alone. Our Rosenthal, Levy, Simon & Sosa Attorneys at Law personal injury lawyers will help you document your condition, gather medical evidence, and fight the insurance company for the compensation you deserve.
Call us at 561-478-2500 or contact us online for a free case review. Let us take care of the legal details while you focus on your health.