What if My Employer Won’t Let Me See a Doctor or File for Workers’ Compensation?
If your employer won’t let you see a doctor or file for workers’ compensation, you should contact a lawyer right away. You have legal rights, and you have options available. It is also important to note that your employer cannot retaliate against you for filing a workers’ compensation claim.
What if My Workers’ Compensation Claim is Denied?
If your workers’ compensation claim is denied, you will need to take legal action in order to recover the benefits you are owed. You will need to be able to prove that you suffered a broken bone on the job, and you will need to be able to prove the extent of your injury and your financial and non-financial losses.
What are the Symptoms of a Broken Bone?
While some broken bones are immediately apparent, others require medical attention in order to diagnose. The symptoms of a broken bone can vary depending on the type and severity of the fracture, and there are some cases in which the symptoms may not be noticeable until days or weeks after the injury occurs.
If you have been injured on the job and you are experiencing any of the following symptoms, you should see a doctor right away:
- Severe pain – A broken bone can cause severe pain that may be constant or that may worsen when you move.
- Swelling and bruising – You may notice swelling and bruising around the site of the break.
- Difficulty moving – Depending on the location and severity of the break, you may have difficulty moving the affected limb or body part.
- Deformity – If a bone is broken in such a way that it is pushed out of place, you may experience a visible deformity.
- Cracking or grinding sound – In some cases, you may hear a cracking or grinding sound when a bone breaks.
When you see your doctor, you should be prepared to discuss what you were doing when you suffered your injury. You should also be prepared to discuss what you are experiencing in terms of pain, swelling, and other symptoms.
When you see your doctor, he or she will need to perform a thorough examination in order to diagnose your injury. This will likely include:
- Asking questions about your medical history and the symptoms you are experiencing
- Conducting a physical examination
- Ordering X-rays, CT scans, or other diagnostic tests
Based on the results of your examination and diagnostic tests, your doctor will be able to determine if you have suffered a broken bone and what type of treatment you will need. Your doctor will also be able to provide you with a treatment plan that includes a timeline for your recovery.
What Types of Treatment are Available for a Broken Bone?
The treatment for a broken bone will depend on the type and severity of the fracture. In some cases, a broken bone will require surgery in order to heal properly. In other cases, a broken bone will require immobilization in order to heal properly. In all cases, a broken bone should be treated by a qualified medical professional.
Some common types of treatment for broken bones include:
- Setting and casting – If a bone is broken but still in place, a doctor may be able to set the bone and immobilize it in a cast or brace.
- Splinting – If a bone is broken but still in place, a doctor may be able to immobilize it with a splint.
- Traction – If a bone is broken and out of place, a doctor may be able to use traction to set the bone.
- Screws, plates, and other hardware – If a bone is broken and out of place, a doctor may need to use screws, plates, and other hardware to set the bone.
- Surgery – If a bone is broken in such a way that it cannot be set, a doctor may need to perform surgery to repair the break.
When you suffer a broken bone on the job, you are entitled to workers’ compensation benefits regardless of the treatment you need. You are also entitled to workers’ compensation benefits regardless of your prognosis; and, if you are not expected to make a full recovery, you may be entitled to benefits for permanent disability as well.
What Types of Workers’ Compensation Benefits are Available for a Broken Bone?
If you suffer a broken bone on the job, you are entitled to workers’ compensation benefits under Florida law. These benefits are available regardless of your employer’s fault, and they are available regardless of the cause of your injury. However, in order to receive benefits, you will need to report your injury within the required time period, and you will need to file a claim for benefits with your employer’s insurance company.
Depending on the severity of your injury and your prognosis, you may be entitled to the following types of benefits:
- Medical benefits – Workers’ compensation provides coverage for all necessary medical treatment, including hospitalization, surgery, prescription medications, physical therapy, and other forms of rehabilitative care.
- Disability benefits – If you cannot return to work due to a broken bone, you are entitled to temporary disability benefits. If you suffer a permanent disability, you may be entitled to permanent disability benefits as well.
- Scarring and disfigurement benefits – If you suffer a broken bone that results in a permanent scar or disfigurement, you may be entitled to scarring and disfigurement benefits.
- Death benefits – If you lost a loved one in a workplace accident, you may be entitled to death benefits as well.
If you are not receiving the workers’ compensation benefits you are owed, you need to speak with a lawyer right away. You have legal rights, and you have options available, but you have a limited amount of time to take legal action.
What Are Your Legal Rights After Suffering a Broken Bone on the Job?
When you suffer a broken bone on the job in Florida, you have several legal rights. These include the right to:
However, you also have certain responsibilities, and you need to be careful to avoid mistakes that could jeopardize your claim for workers’ compensation benefits. For example, if you don’t report your injury to your employer within the required time period, your claim could be denied.
Similarly, if you don’t complete the necessary forms or if you don’t provide the necessary information, your claim could be denied as well. If your claim for benefits is denied, you will need to take legal action in order to recover the financial compensation you deserve.
Can I Sue My Employer for a Broken Bone in Florida?
In most cases, you cannot sue your employer for a broken bone in Florida. Your exclusive remedy is to file a claim for workers’ compensation benefits. However, there are exceptions, and if you have a claim for additional compensation, an attorney can help you take legal action to recover your losses.
Some examples of claims for additional compensation after suffering a broken bone on the job include:
- Claims against contractors, subcontractors, and other third parties – If a contractor, subcontractor, or other third party is to blame for your injury, you may be entitled to file a personal injury claim. This could also be the case if your employer does not have workers’ compensation insurance.
- Claims against manufacturers and distributors – If a defective tool, machine, or piece of equipment caused your injury, you may have a claim against the manufacturer or distributor.
- Claims against property owners – If dangerous conditions at your workplace caused you to suffer a broken bone, you may have a claim against the property owner.
What Types of Workplace Accidents Can Cause Broken Bones?
When you think of a broken bone, you might think of a fall from a ladder or scaffold. While falls are a leading cause of broken bones at work, they are far from the only cause. Workers in all types of jobs and industries can suffer broken bones in a wide variety of circumstances. As a result, if you have suffered a broken bone on the job, you should not assume that you are ineligible to file for workers’ compensation benefits.
Some examples of workplace accidents that can cause broken bones include:
- Falls from scaffolds, ladders, and other heights
- Falls down stairs and over debris
- Being struck by a falling object
- Being struck by a vehicle or heavy machinery
- Getting caught in machinery
- Overexertion
- Repetitive stress
When you suffer a broken bone on the job, you should be entitled to workers’ compensation benefits. However, your employer’s insurance company will not simply pay your claim. You will need to prove that you are entitled to benefits, and you will need to make sure you receive the full coverage you deserve. If you have suffered a broken bone at work, we can help you, and we encourage you to contact us right away.
Why Choose Morales & Cerino, P.A. for Your Workers’ Compensation Claim?
When you choose Morales & Cerino, P.A. to handle your workers’ compensation claim, you can count on us to take all necessary measures to help you win the benefits you deserve. From day one, we will be focused on helping you recover the benefits you are owed, and we will not stop fighting until we have secured the compensation you deserve.
When you choose our firm to represent you, your case will be handled by an experienced Florida broken bones workers’ compensation attorney who will:
- Conduct a thorough investigation into the cause of your injury
- Work with your doctor to make sure you receive an accurate diagnosis
- Calculate your current and future medical and disability-related losses
- File your claim for benefits within the applicable time period
- Negotiate with your employer’s insurance company to seek a full and fair settlement
- Take your case to court if necessary
What is the Average Settlement for a Broken Bone Workers’ Compensation Claim?
The average settlement for a broken bone workers’ compensation claim is difficult to determine. There are many factors that can influence the amount of an injured employee’s settlement, and the settlement amount will vary from case to case. While you may have heard stories of employees receiving large settlements for broken bones, you may also have heard stories of employees who were unable to recover any benefits at all.
When you choose Morales & Cerino, P.A. to handle your claim for workers’ compensation, we will seek the maximum benefits available. This includes seeking full compensation for your medical expenses, disability, scarring, disfigurement, and other losses. If your employer’s insurance company is not willing to settle, we will take your case to court. In court, we will fight for a verdict that reflects the full amount of your current and future losses.
Speak with a Hialeah Broken Bones Workers’ Compensation Lawyer in Confidence
If you have suffered a broken bone on the job, we can help you file a claim for workers’ compensation benefits. We can also help you fight for a claim denial or underpayment if you are not receiving the benefits you are owed. To learn more, call or contact us online to speak with a Florida broken bones workers’ compensation attorney in confidence.
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