Workers Compensation Lawyer

Jacksonville, Florida

Our law firm specializes in representing injured workers who are not receiving proper benefits required under the law. An attorney representing an injured employee must often request benefits for the client. Often these are benefits that a doctor feels are medically necessary for the injured worker. The employee's attorney may file a Petition for Benefits which outlines in detail the problems that the employee is experiencing and acts much like a complaint would in a civil law action. Please note that the workers compensation lawyer is only paid if the issues litigated are actually won and then the insurance company often pays the fee.

There are several different kinds of benefits that may be provided under Florida law. Temporary total disability or TTD benefits are paid to an injured employee that amounts to 66 2/3 of their average gross weekly wage to include fringe benefits. This benefit is paid when the treating physician determines that the individual is not able to work in any capacity and that this condition is temporary in nature. Temporary partial disability or TPD is provided when an individual is not completely disabled but may work in some limited capacity. Permanent total disability or PTD is paid when the injured worker is permanently and totally disabled from any type of gainful employment.

The key here is that the individual is unable to work in any capacity in any type of job on a regular uninterrupted basis. Many people incorrectly feel that they are permanently disabled when they cannot return to the job that they had when they were injured. Unfortunately, this is not the legal requirement. For example, a highly skilled cabinet maker who is injured severely but can still perform some types of functions is not permanently and totally disabled if he or she is able to work in a much lower skilled job such as a toll booth attendant and if he or she is able to do so on an uninterrupted basis. Clearly, this provision in the law severely affects a person's earning capacity. As long the worker is able to work in some capacity, they do not qualify for these benefits.

Please note that there are many time deadlines involved in workers comp during the adversarial process between the insurance company and the injured employee. Many insurance companies will go to great lengths and expense to attempt to limit the recovery of an injured worker by conducting under cover surveillance and attempting to make the entire system difficult by delaying payment of claims and delaying or refusing to provide necessary medical treatment. The insurance company's number one goal is to frustrate a person to the point of abandoning what should rightfully be provided to them and therefore, giving up on the entire process.

Our workers compensation lawyers works hard to handle difficult cases where the insurance company has regularly denied benefits to which you are lawfully entitled. This is known as Bad Faith Insurance.

To learn more, please read our Worker's Compensation FAQs.

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