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Common Workers Compensation Questions

Workers' Compensation Attorneys in Melbourne, FL

Dealing with a work injury can leave a person with many questions and concerns. The sooner you secure legal guidance, the sooner you may be able to get the benefits you need to recover from your injuries and feel peace of mind over your financial situation. We, the skilled and compassionate legal team at Henderson & Futchko, P.A., have represented more than 2,500 injured victims, including many injured workers in Melbourne, FL.

We have collected some of the most frequently asked questions brought to our firm and we have provided our answers below. We hope you find this information useful and that you will gain a better understanding of your rights as an injured worker. We are here to help.

Can my employer fire me if I am unable to work and if I am receiving workers' compensation benefits?
No, the law does not permit you to be fired in retaliation for filing, or attempting to file, a workers' compensation claim. In fact, the workers' compensation law does not require that your employer hold your position for you while you are injured.

Do I have to settle my workers' compensation case?
A settlement is when the company tries to negotiate a lump-sum payment in exchange for the employee signing a release, giving up rights to future payments. Settlements are not mandatory but are allowed if a workers' compensation judge approves them.

What if I cannot return to my job after a workers' compensation claim?
If your doctor indicates that you cannot return to your former position, your employer may be able to offer a different position within your abilities. Keep in touch with your employer and your doctor. If you cannot return to work for your employer, you should contact the insurance company to request assistance. If you are still unable to return to work, contact the Department of Education, Division of Vocational Rehabilitation at (850) 488-3431 for free re-employment services.

What if the insurance company denies my workers' compensation claim?
Our Brevard County workers' compensation attorneys have many years of experience dealing with insurance companies. We are not afraid of standing up to insurance companies in protection of our rights. We can help you appeal denied benefits in an appropriate and timely manner so that you may be able to get the benefits you need and deserve.

Can my PIP help me as an injured worker?

If you were on the job when the accident happened, worker's compensation will pay a percentage of your lost wages even if you are at fault in the accident. There may also be other insurance coverages available to pay your lost wages. Also, if you were on the job at the time of your accident, worker's compensation should pay for all of your related medical bills. If you have private health insurance it may also provide benefits.

However, it is best if your PIP pays as many of the medical bills as possible, as you may be required to pay back your private insurance company if you obtain a recovery from the at-fault driver. Our firm can help determine what coverages are available to you to maximize your allowable benefits. We can also help with any disputes that may arise with your PIP carrier regarding your benefits, including the termination of benefits by your insurance company. In many of these cases, it is possible to make the insurance company pay the attorneys' fees caused by its wrongful termination or reduction of benefits.

Have more questions? Speak with our Brevard County workers' compensation lawyers today.

Please do not hesitate to contact us if your question was not answers on this page. We would be happy to review the details of your case during a free case evaluation so that you have all the information you need before filing a claim

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No matter how complex or minor a legal matter may seem, it is always best to be informed of your rights and options before it is too late.