THE STATE OF FLORIDA WORKERS' COMPENSATION

Florida Workers' Compensation Attorneys

There's a popular misconception about workers' compensation that needs to be dispelled right now for you to understand why you'll need a lawyer to fight for your benefits if you have been injured on the job:

Just because you have a legitimate injury and cannot work, it does not mean that you will receive workers' compensation. That's because benefits are paid by your employer's insurance company, which has an arsenal of lawyers who are paid to deny your claim.

Years of Experience on Your Side

If the insurance company has a lawyer, you need one too. Nick Panebianco & Associates will do all we can to ensure that you collect the workers compensation benefits to which you are due. The many cases we have won have given us the best experience possible to handle your workers compensation case in the most effective way possible.

We know the in's and out's of gathering medical evidence, filing well-documented claims, and appearing at Final Hearings. We know how to protect you from the insurance company's attempts to poke holes in your case, and we know how to handle the insurance carrier's attempts to deny your claim.

The attorneys at Nick Panebianco & Associates are knowledgeable in all aspects of workers' compensation law. We can manage your case at any step of the process, from the initial claim, to Final Hearing. The Florida workers' compensation laws can be very difficult to handle on your own and as such, you should protect yourself just as the insurance carrier's do, by hiring competent counsel. That's where we come in. Nick Panebianco has been helping injured workers for more than 18 years. Unlike a regular law suit where you have one trial date, in a workers' compensation claim, you may have multiple mediations and final hearing dates during the course of your claim.

While you aren't required to have an attorney to file for workers' compensation, it is in your best interest to do so. If you are about to file for workers' compensation benefits, if your claim has been denied, or your workers compensation benefits have been reduced or terminated don't wait to call us. We are conveniently located in Ft. Lauderdale. Please call us, so we can help you or your family member receive a just settlement for injuries suffered during employment.

Call 1-888-LAW-8822 toll-free or 954-438-3535 for click here to email us.

What is Workers' Compensation?

Florida State law requires employers to provide workers' compensation benefits by purchasing insurance or by self-insuring. An employer and/or their workers' compensation carrier are required to provide you medical care and wages during the time that you are not able to return to your employment due to your injuries. Your workers compensation claim is not handled by your employer, but instead an adjuster who works for the insurance company who does not know who you are. Insurance carriers do not like to pay up and in many cases your adjuster will find a way to deny your workers compensation benefits. When your workers compensation claim is denied or your benefits are reduced or terminated, you are allowed to request a hearing before the Judge of Compensation Claims. If you are at this stage and haven't already gotten a lawyer, call Nick Panebianco & Associates right away. You are involved in a legal proceeding, and the other side will definitely be represented by an attorney.

Your injury doesn't have to be caused only by an accident. Conditions or illnesses that occur over a long period of time are covered by workers' compensation. These include carpal tunnel syndrome, back problems and other repetitive trauma type injuries.

If you work for a covered Florida employer (almost everyone!) Then you are eligible for workers' compensation benefits if you are injured out of and in the course of your employment from the moment you begin work. Florida is a no fault state and no matter how the accident happened, even if your employer is not at fault, you are still covered under the workers' compensation laws. While you may not be able to receive money for pain and suffering, you are able to receive a settlement based on your future need for medical care and your potential for future wage loss.

An experienced workers' compensation law firm, such as Nick Panebianco & Associates, can handle all the complex aspects of your case and make sure that you will not suffer more than you already have. In addition, we can help you get to the right people to help you with various other benefits you may be entitled to such as: Social Security Disability, Short-Term Disability, Long-Term Disability, Florida Retirement and other programs.

Changes in Law May Threaten Your Rights

In 2003, Florida State Legislators made far-reaching changes to the workers' compensation law. These changes have seemingly yielded some negative results for injured workers. For example: the insurance carrier has the right to choose your doctors for you. If you don't like their choice of physician you have the right ONLY ONCE to ask for a change in physician. Furthermore, if you have pre-existing injuries it is your burden to prove that the workers' compensation accident is more than 50% responsible for your need for medical care and ongoing disability. Our firm can help you navigate your claim through this very intricate law.

Aggressive, Capable, Cost Effective

In handling Florida workers' compensation cases, Nick Panebianco & Associates, has helped people secure their financial future in countless ways. Some information that may apply to your case is listed here:

Nick Panebianco & Associates has successfully obtained continued benefits and ongoing medical care, including surgery, where the insurance carrier has produced an alleged independent medical examination claiming that a severely injured worker was capable of returning to work and no longer disabled.

• A construction worker was cutting concrete for him employer and accidently sliced his heel. His injuries kept him out of work and caused him to need a painful surgery to repair his injury. Unfortunately, his employer did not have workers’ compensation coverage. Since the claimant’s employer was a sub contractor, our firm took the time to hunt down all of the contractors to determine who the statutory employer was so that our client could get his medical care paid for and receive his lost wages while he was out of work.
• A nurse worked for a hospital where she was exposed to mold. Due to the mold exposure, she developed chronic pulmonological problems which caused her not be able to return to work. Through our efforts, we were successful in getting the insurance carrier to pay the client permanent total disability benefits. We were also able to secure a substantial settlement for the claimant so that she could move on with her life without being under the control of the insurance carrier for her future medical care.
• Our firm helped a deputy sheriff who suffered from a chronic heart problem receive workers’ compensation benefits through the "Heart/Lung bill" . This bill allows for police officers and fire fighters who suffer from a heart/lung problem during their employment to be eligible for worker’s compensation benefits.
• An injured city employee retained our firm to help him with a claim for injuries. Our office determined that the claimant had prior injuries with the same employer which the carrier was not paying him for or allowing him to receive medical care. The carrier asserted a Statute of Limitations Defense because the client did not ask for medical care within the time period required. Nick Panebianco was able to show the Judge of compensation Claims that it was the carrier who did not notify the claimant of the proper time periods and as such, he should be entitled to benefits. The employer/carrier filed an appeal on the Judge's decision to the First District Court of Appeals and our firm was successful at this level as well.
• Filing for workers' compensation is detailed, and people often miss one of the steps. For example, employees may file an accident report at their job and believe there is nothing further to do. However, if the employer fails to notify its insurance carrier, even if it pays some benefits to the worker, the injured worker could miss the statutory time limit in which to actually file a claim (two years for the date of accident or one year from the last date of payment of a benefit, which ever is later) thus losing benefits. To guarantee your right to medical benefits and ongoing lost wage benefits, you have a limited amount of time to file with the Division of Administrative Hearings. We make sure all paperwork is complete and filed with the right offices so you will not forego your right to additional benefits later.
• Missing the 30-day notice to employer deadline is cause for not being able to ever collect benefits. We have often successfully fought this and obtained benefits by demonstrating that the medical evidence, witnesses and other factors did not prejudice the employer and therefore entitled the injured worker to benefits.
• Insurers often contact injured workers for a statement about their accident, which are later used to dispute worker claims. We will protect you by advising you on dealing with the insurance company’s requests for affidavits, medical releases, delayed responses and requests for additional medical examinations.

Money should never be an issue. Your initial consultation with our firm is FREE. If you decide to retain our firm to represent you, we work on a contingency fee basis and therefore we do not get paid unless we obtain benefits on your behalf. Also, if we are required to litigate any issue of your case the insurance carrier can be responsible for a portion of the attorney fee due. There is NO FEE if we are unable to secure benefits for you.

If you are filing a worker's compensation claim in the State of Florida and live anywhere in Miami-Dade, Broward or Palm Beach counties, please contact Nick Panebianco & Associates. Our reward is producing results that le people move on with their lives.