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Workers’ Compensation Lawyer in Stuart

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Getting hurt or becoming sick at work will qualify many employees for Florida’s workers’ compensation to cover related expenses.

The complexities of getting a claim accepted may require the knowledge of an experienced injury lawyer. The Stuart workers’ compensation lawyers at Kogan & DiSalvo offer free case review consultations to workers facing difficulties with the system.

Our knowledgeable workers’ comp attorneys can help to assess the full value of your injury accurately, recommend specialists to see to fully document it, anticipate counter-arguments that attorneys for the insurance company may make, and ensure that you receive the maximum compensation for your injury.

Workers’ Compensation in Stuart

A construction worker in a hard hat with a wrench in front of a front end loader

Workers’ comp in Florida, as in other states, is an attempt to facilitate an easy payment to injured workers and protect employers from employee lawsuits. Florida law requires businesses with more than four employees to provide workers’ compensation. However, several exceptions apply. For example, companies engaged in construction, an industry that is rife with injuries that are suffered by workers on the job, are required to carry workers’ comp if they have even one employee. In contrast, agricultural companies are not required to carry a policy until they have six workers.

Workers’ compensation claims must meet specific requirements for the insurance to apply. For example, if an employee is a truck driver for a company and suffers an injury in a truck accident, the claim will be denied if the driver wasn’t doing work-related duties by taking time to run a personal errand in the truck. Additionally, an employer must be notified within 30 days of a work-related injury, or within 30 days of learning of your work-related illness.

To avoid missing the 30-day cutoff, an employee must promptly report an injury or illness to a supervisor and go to a physician chosen by the employer. The worker also must seek medical attention quickly to ensure that further harm from inattention does not happen. If a cut finger left unattended becomes infected, the new damage may not qualify because of the employee’s delay. In cases of illness, reporting time begins when the employee first notices symptoms, such as a mesothelioma diagnosis in the case of asbestos workers.

Though the language of workers’ compensation insurance requires an injury to be “work-related,” this does not necessarily mean that it must be an injury you received while performing a work function. For example, this can include a slip and fall accident at work when you were taking a 15-minute break.

Benefits from Workers’ Compensation

Lawyer handing over compensation check

The insurance covers the cost of medical care and a portion of the earnings an employee loses from the inability to work. In Florida, wage protection is 66 percent of the employee’s average earnings from a week’s work. They calculate the exact amount of earnings 91 days before the injury or illness.

Florida law does not allow an employee to receive disability insurance if they only miss seven days of work, but if the disability lasts more than 21 days, they will receive payment for that seven-day period. Payments are generally based on a formula that varies between the severity and nature of the injury, i.e., a 100% loss of use of one arm will be worth 312 weeks’ pay, whereas a 25% loss of use of the same arm will be worth 78 weeks’ pay.

Injured or sick workers who receive social security benefits can also get workers’ comp benefits at a reduced rate. An employer cannot fire a worker for filing a workers’ compensation claim. However, under Florida law, the employer does not have to hold the worker’s job open until the employee is able to return. If the worker cannot return to the previous line of work, they can receive job counseling and re-training. Speak with a Stuart lawyer to learn more about the benefits of workers’ compensation.

In the event of a death resulting within one year of the date of a work-related accident, or after five years of continuous disability, workers’ comp will offer survivors death benefits up to $150,000, including funeral expenses, compensation to dependents, and educational benefits to the surviving spouse.

Denied Workers’ Compensation Claims

Header area of a workers' compensation application form

The state could potentially reject workers’ compensation claims if they do not follow the established rules or procedures. For example, an injury or ailment does not qualify if it happened previously or if the assigned duties did not exacerbate an existing condition.

The employee may challenge a denied claim by submitting a Petition for Benefits. Generally, the employee has two years to file the petition, but that depends upon the issue of the dispute. If the petition is not successful, the employee can go to the appeals board of the Division of Workers’ Compensation in the Florida Department of Financial Services.

Should that fail, they can go to the Florida Office of Insurance Regulation, and then the Florida First District Court of Appeals. Contact a Stuart lawyer to find out more information about what to do when a workers’ compensation claim is denied.

Alternative Avenues of Compensation

Woman testifying on the witness stand in court

While workers’ compensation typically discharges an employer’s liability for a work-related injury, there can occasionally be third parties at fault for the accident, or the employer may have invalidated their workers’ compensation policy through gross negligence or intentional acts.

If a third party is partially at fault for an accident, they may be sued for negligence despite the employer’s liability being fully discharged through workers’ compensation. For example, if a construction site is owned by a third party and a dangerous condition that is the owner’s fault develops on the property and injures a worker, they can be sued for negligence.

As in any negligence case, it will need to be demonstrated that this defendant owed a duty to their plaintiff, that they breached their duty, and that this breach of their duty caused an injury to the plaintiff. This can be done even if the employer was partially at fault, and their liability in this accident is discharged through workers’ comp. For example, this can include a product liability claim for defective tools used during work and caused an injury.

Additionally, employers can act in a way that will invalidate their protection through workers’ comp and allow an employee to sue them. This can include gross negligence, committing acts intended to injure the worker, or failing to obtain workers’ comp insurance.

In the tragic event of a death resulting from a work-related injury not covered by workers’ comp, this can include a wrongful death claim. These claims will need to be filed by the decedent’s personal representative within two years of the date of their death.

Wrongful death cases are attempts by the courts to place survivors into the place of the decedent, allowing them to recover any damages that the decedent would have accumulated before their death, i.e., medical bills and compensation for pain and suffering. This will also allow survivors to receive compensation for the loss of their loved one, including loss of emotional support and the wages they would have received from their death until retirement.

If you believe that a work-related injury involved a third party or your employer invalidated their workers’ comp insurance, scheduling a free consultation with a Stuart personal injury attorney from Kogan & DiSalvo can help clarify and contextualize your injury.

Working with a Stuart Workers’ Compensation Attorney

The attorneys at Kogan & DiSalvo in front of their office building

If you suffer an injury at work, a Stuart workers’ compensation lawyer may be able to help you receive your benefits. Call today for a free consultation.

Total reviews: 1043 |

Average rating: 4.9

5

The team, I must say are very knowledgeable and straightforward. I was well informed throughout the process and told me exactly what to expect;and communicated with me frequently with updates and made my experience an unforgettable one and appreciative…so thank you again eveyone..

5

10/10 law firm definitely recommending.

5

After my car accident, I was not sure where to turn, but the incredible team at Kogan & DiSalvo turned what felt like a nightmare into a smooth process. Each team member went above and beyond to make me feel supported, and confident that my case was in the best hands possible.

My paralegal Sam was an absolute superstar. She handled my case with precision and care. Any time I had a question, she was just a phone call away, ready to provide clear, detailed answers and updates. Her attention to detail and commitment to helping me was very reassuring.

Angelica was the friendly face and welcoming voice that made every interaction with the firm feel personal and comforting. From the first phone call, she treated me like a priority, always greeting me warmly and ensuring I was connected to the right person promptly. Her professionalism and genuine kindness made every visit to the office a positive experience, even during stressful times.

My amazing attorney Rachel took the time to explain every step, ensuring I understood my options. Her dedication to securing the best outcome for me was evident in every decision they made. Ultimately, their hard work resulted in a settlement that exceeded my expectations, giving me the support I needed to move forward.

I’m beyond grateful for their efforts and would highly recommend this firm to anyone in need of exceptional legal representation.

5

I’m very glad I decided to go with Coogan and Salvo. They’re very professional and they’re ahead of the curve of other firms using apps to follow up on doctors visits and case progress which makes it easier to follow. I definitely recommend
Coogan & Salvo you’ll be glad you did.

5

After 4 years and 9 months, our case has finally been settled out of court thanks to Todd Baker and his team: Debra, Lesley, and Amahnia. Before Todd Baker took over our suit, we had almost given up on our case. Todd and his team came highly recommended. After meeting with Todd, we decided to put our trust in him to pursue our case. We are thankful that we did. Without Todd Baker, we know we wouldn’t have gotten the settlement we did. We would highly recommend only working with Todd Baker and his team.

5

Kogan & DiSavo did an excellent job in handing my personal injury case. I found their staff to be caring and knowledgeable and would definitely recommend

5

Outstanding Legal Services by Todd L. Baker, Esq., and Team

I had the pleasure of working with Todd L. Baker, Esq., and his exceptional team, including Debra Tejada and Leslie Hernandez, and I cannot recommend them highly enough. From the very first consultation, Todd’s professionalism, deep legal expertise, and attention to detail were evident.

Debra Tejada, Todd’s assistant, was incredibly organized and always kept me informed throughout the process. Her communication skills and efficiency made a potentially stressful situation much easier to navigate.

Leslie Hernandez also stood out with her friendly demeanor and ability to handle complex tasks seamlessly. Her support and dedication were invaluable.

Together, they make a wonderful team, going above and beyond to ensure the best possible outcome for my case. If you’re looking for a lawyer who truly cares about their clients and a team that delivers top-notch service, Todd L. Baker, Esq., and his staff are the way to go.

5

My husband slipped and fell in a store due to a leaky ceiling. He immediately called Kogan & DiSalvo. He spoke to someone right away and they were on his case. He went to the doctor that they provided and was diagnosed. The attention that he received from the staff and lawyers was just amazing. All of his questions were answered, and we had complete satisfaction with the way this case was handled even though it was a very small case. We appreciate everything that was done for him, and I would definitely recommend Kogan & DiSalvo for anyone that has had a slip or fall. Thank you again!

5

Great Professional Team!

5

The number one injury attorneys in Florida!!
In September of 2024 , I was in an accident and hired a well known attorney in the state to which refused to return my calls and was very disappointed which ended in their representation of myself!
I then hired Kogan and DiSalvo,, and was VERY satisfied with them!
They returned EVERY call and answered my questions and concerns… to which ended in a settlement in 4 weeks!!
I would recommend Kogan and DiSalvo to those frustrated with misleading information… they are on top of their game!!
Thank you… Paul and team.
Joseph Z.

5

After my accident, Gisselle and Jay helped me immensely. They took care of everything I needed and were incredibly responsive to my questions and concerns. I feel incredibly well taken care of and cannot recommend them enough!! Thank you Jay and Gisselle for your hard work and effort with my case! 🙂

5

The best lawyers that I ever had to deal with they were right on point. They got their job done quick and fast. I didn’t have to wait that long and they got more than what I expected to get. They are good lawyers. They are very good lawyers. I would use them and I will recommend them to anybody

5

Tiffany, Maria and Michelle were easy to work with, knowledgeable and kind. It was a long process but I was kept informed along the way. Thank you for getting me what I deserved.

5

I was injured in a bicycle accident with an automobile in which I accumulated thousands of dollars in medical bills. I contacted Kogan & DiSalvo to see how to handle these bills, they explained the whole process and that I wouldn’t have to pay them any upfront money. I was assigned an attorney and a paralegal who explained every step of the process as it progressed. I dealt with Amanda who answered every question I had and I had a lot of them. They got all of my bills paid.I received payment for a new bicycle as well as a settlement from the accident. I would highly recommend this firm to anyone in need of help.Lastly I would like to thank Amanda who was super helpful throughout this case.

5

They were absolutely phenomenal!

5

I am so happy I chose to come to Kogan & Disalvo they welcome me in like family when you go in ask for Jay London and Jess the best they keep me informed on everything excellent service I thank y’all so much keep up the amazing work.

5

I was injured while shopping at the largest corporate stores in the US. Numerous attorneys at Kogan and DiSalvo helped settle my case with a positive outcome. They set a new standard for case review of unusual elements involving the injuries I sustain ed. After continual delays by the defendants,Tiffani held fast and resolved the issues through mediation. Kogan and DiSalvo came highly recommended by friends in the business. I would also like to recommend this group for your litigation needs.

5

We were very impressed with the way Rachel and her team handled my mother’s case. They were not only very detailed and professional, but were always available to answer questions and concerns.

5

I had the pleasure of having Amanda as my paralegal over my case and she made my experience a lot smoother. She was attentive and compassionate when speaking with me and explained the legal jargon seamlessly. Now that my case has finally wrapped up I can say that I would recommend Kogan & DiSalvo to anyone in need of personal injury representation. Yes they are a giant of a legal team but with a great team that feels personal to you.

If you’re reading this, in search of representation, I wish you the best and hope you choose a team that will passionately represent you.

5

From the moment I googled injury lawyers, the first name that appeared was Kogan & DiSalvo. I’ve seeing them painted in the back of the cross many times instantly felt a sense of relief that all that right away. Boy am I glad I trusted my instincts. From the initial phone call that I made at the time of my injury I was guided over the phone what to do. It was almost like having a family and solo me through a rather traumatic situation. My attorney Ted DiSalvo has been amazing, however I did most of my correspondence with Amanda Hudson (she was like a big sister) guiding me and reassuring me an answering every question that I had throughout this long process.

Kogan and DiSalvo they treated me like family from day one. If you are ever in a position that you need a great injury firm that pays closer attention to you then your own family; Kogan & DiSalvo is who you need to call. They will make sure that you do not get shorchanged . They will get you the money that you deserve.

Lastly I know I sound like a broken record but Amanda Hudson was amazing “you rock Amanda” You made this a truly great experience..

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