Workplace injuries to the hands, arms, shoulders, and chest are common among all workers. From manual laborers to people with office jobs, daily tasks can cause upper body injuries that entitle you to workers’ compensation benefits.
The claims process is often smoother with an Orlando upper body workplace injury lawyer by your side. Our team of workers’ compensation attorneys at Colling Gilbert Wright is well-respected by colleagues and recommended by former clients for their compassion and long record of success.
Challenges in Upper Body Injury Claims
Workplace upper body injuries range from traumatic amputations to shoulder dislocations and joint strains. Whatever the specific nature of your injury, if it is the result of an accident at work or is related to the performance of your duties, you can make a workers’ compensation claim.
The program offers free healthcare for work-related injuries and a partial wage if your injury prevents you from working. Unfortunately, an employer’s workers’ compensation insurance company might deny these benefits if it doubts your injury was work-related or questions the injury’s severity. Contact one of our Orlando lawyers if an insurance company denies your initial claim for a work-related upper body injury on the grounds that your diagnosis is the result of a pre-existing condition, not work-related, or not severe enough to require medical treatment.
Appealing an Unfavorable Decision
There are numerous points in the workers’ compensation claims process that could lead to a decision you disagree with and want to dispute. You have the right to protest any decision the workers’ compensation insurer makes that impacts your benefits.
If the insurer accepts your initial claim and begins paying benefits, your doctor must make periodic reports about your condition. You can contest a decision you disagree with regarding:
- Returning to work
- Whether you have reached the point of maximum medical improvement (MMI)
- A permanent impairment rating
You can also request to change your treating physician, but you should discuss the situation with an Orlando upper body injury attorney before taking this step.
If the Worker’s Compensation insurer denied your initial claim for benefits, Florida Statutes § 440.19 allows two years from that date to file a Petition for Benefits, or PFB. If you were receiving benefits but they were terminated for any reason, you must file a PFB within one year of the termination date. Delay only helps the employers, so speak with your legal representative as quickly as possible if you disagree with the decision of your doctor or your employer’s workers’ compensation insurer.
Can You Claim Damages Outside of Workers’ Compensation?
You have no legal claim against your employer for a work-related injury. However, if a third party’s negligence was a factor in your accident or condition, you could sue them for damages even as you collect workers’ compensation benefits.
At The Florida Firm Injury and Accident Lawyers in Orlando, our workers’ compensation attorneys investigate to determine whether a third party could be legally responsible for your upper body injury. Manufacturers, independent contractors, employees of other companies, and property owners are just a few examples of parties who could be liable, depending on the circumstances.
When there is evidence proving a third party’s negligence contributed to your injury, you can bring a claim against them for damages. Your claim could include the portion of your lost wages that workers’ compensation did not cover and compensation for your pain and suffering.
Your Negligence Could Affect Your Damages
If you bring a civil claim for damages against a third party, your conduct is an issue when calculating your damages. Florida law prevents you from collecting any damages from a third party if you were more than 50 percent responsible for the incident. If you bear some responsibility but the accident was primarily someone else’s fault, your damages will be reduced in proportion to your degree of fault.
Contact Our Orlando Attorneys About an Upper Body Injury Suffered at Work
The workers’ compensation program can be difficult to navigate. You need an Orlando upper body workplace injury lawyer to help you obtain the benefits you have earned.
At The Florida Firm Injury and Accident Lawyers, we have an unmatched reputation for obtaining excellent results for our clients. Schedule a no-obligation consultation with a member of our workplace injury team today.