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Daytona Beach Workers' Compensation Attorney

A Lawyer Board-Certified by the Florida Bar

If you were injured on the job, you have the right to pursue workers’ compensation benefits. Florida has a no-fault system, which means you do not need to prove that your employer was negligent. You only need to prove that you were on the job when the injury occurred and that your injury is work-related. While in theory you are automatically entitled to benefits, the reality is that the system is complicated and not friendly to workers.

At the Law Offices of Keith C. Warnock, P.A., Mr. Warnock represents employees in all types of on the job injury claims. As a Daytona Beach workers’ compensation lawyer, he has been advocating for injured workers’ rights for decades. He is also board-certified in workers’ compensation by the Florida Bar. This honor recognizes his extensive legal knowledge, vast trial experience, high standing in the legal community, and dedication to providing ethical representation.

More Information on Workers’ Compensation:

  • Workers’ Compensation Overview
  • What Exactly Is Workers’ Compensation In Florida?
  • What Factors Determine The Viability Of A Workers’ Compensation Claim?

If you have been injured on the job, call (386) 223-1651 for a free consultation.

Time Limits for Reporting on the Job Injuries

When you are injured at work, you must report the accident to your employer within 30 days. He or she then has seven days to notify the insurance company of your claim. If your employer does not report your claim, you can request free legal assistance from the appropriate government agency. Mr. Warnock is also available to address your concerns and formulate a plan of action.

Types of Available Benefits

As your attorney, Mr. Warnock will help you pursue workers’ compensation benefits for all your medical expenses. If you are unable to work due to your injury, he can also pursue wage loss benefits on your behalf.

Mr. Warnock understands the complexities of the system and can explain to you how the following benefits and limits may come in play in your specific case:

  • Temporary total disability (TTD) benefits
  • Temporary partial disability (TPD) benefits
  • Impairment benefits (IB)
  • Maximum medical improvement (MMI)

    What Exactly Is Workers’ Compensation in Florida?

    Worker’s compensation insurance is purchased by an employer/business and provides benefits for job-related employee injuries. Florida law requires all employers to purchase worker’s compensation coverage (with very few exceptions).

    The Florida Legislature enacted the state’s first Workmen’s Compensation Act in 1935. Prior to the enactment of Florida’s worker’s compensation law, if you were injured on the job, in order to recover damages, you were obligated to prove that the employer was negligent in causing your injuries. Since most injuries were not caused by the negligence of the employer, this left the employee without any right to recover damages for on the job injuries. Thus, the worker’s compensation system developed to provide much-needed benefits to injured workers.

    Under the workers’ compensation system, fault and negligence are not at issue. Employers must provide benefits for work-related injuries without regard to fault so long as two conditions are met. First, the injury must arise out of the worker’s employment. Second, the injury must occur in the course and scope of the worker’s employment.

    In exchange for the right to receive guaranteed benefits, employees who are injured on the job are not allowed to sue their employer for negligence. The benefits that the injured worker is entitled to are limited to economic damages only.

    The injured worker may only recover two types of benefits:

    • Medical benefits and
    • Wage loss benefits

    Wage loss benefits are paid if the person is either unable to work or if work limitations prevent the injured worker from returning to the job. In this regard, workers’ compensation differs from other areas of civil liability, such as a car accident case or a slip and fall personal injury case where plaintiffs can seek compensation for noneconomic damages such as pain and suffering, loss of enjoyment of life, inconvenience, embarrassment, and so forth.

    Furthermore, in a workers’ compensation claim, the injured worker does not have a right to a jury trial, and any dispute is decided by an administrative law judge.

    Common Types of Work Injuries

    Workplace injuries encompass a wide range of physical conditions, including:

    • Neck, spine, and lower back injuries
    • Construction accidents
    • Slip and fall claims
    • Inhalation of toxic fumes/chemical exposure
    • Repetitive stress injuries such as carpal tunnel syndrome
    • Rotator cuff injuries
    • Burn injuries
    • Head injuries
    • Broken bones/orthopedic injuries
    • Eye injuries
    • Lifting injuries
    • Occupational illnesses and diseases
    • Heavy equipment/machinery accidents

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      Third-Party Claims Can Result in Additional Compensation

      If you were injured on the job by a third party, such as a vendor, supplier, or contractor who does not work for your employer, you may be entitled to pursue a third-party personal injury claim for compensation. This may involve damages for medical bills, lost wages, and pain and suffering. Attorney Warnock will evaluate your situation and determine if you have a valid third-party claim.

      “I would recommend Keith Warnock and his staff for anyone needing a personal injury attorney. Call KEITH!”

      - Steve

      Steps to Follow If Injured on the Job

      Always report work accidents to your employer or immediate supervisor as soon as possible. Every state sets its reporting time requirements, and a claim could certainly be denied if the accident is not reported to the employer within the required time period set by your state.

      If you have been injured at work, do the following as soon as possible:

      • Inform your employer of the accident in writing. Include the date, time, and location of the accident, what caused it, what injuries you sustained—the more detailed, the better. Make sure you keep a copy.
      • Visit a doctor for a checkup. Your doctor will advise you on how best to treat the injury and whether you need to take time off of work. Your medical records can also be used as evidence to strengthen your claim.
      • Fill out and submit the necessary paperwork. Your employer should provide you with the paperwork you need to file your claim, as well as support throughout.
      • Talk to a lawyer. While it is not necessary to hire a lawyer to receive workers’ compensation benefits, there are advantages to doing so. A lawyer can help you fill out the paperwork correctly or on time, so you don’t have to worry about your claim being denied. A lawyer can also help if your employer is non cooperative or the insurance company offers you a low settlement. Most lawyers offer advice for free—including us—so there is usually little risk to calling one to see if they can help with your case.

      Report any workplace accidents to your employer, even if you do not feel that you have truly suffered a serious injury. Injuries can be subtle, and you may not be aware that you have suffered an injury until later; therefore, it is crucial that you report accidents immediately to have them recorded. And report any injuries as soon as you first notice them.

      Handling Complex Insurance Issues on Your Behalf

      If you receive a letter from the insurance company offering you a settlement, it is wise to consult with a lawyer before accepting it. Sometimes, injuries require ongoing care that insurance companies do not consider.

      An experienced attorney like Mr. Warnock will work to protect your rights and ensure that you have the money you need for not only your current needs but also for any injury-related expenses that may arise in the future.

      Work Injury Attorney for Daytona Beach & All of Central Florida

      If you feel like you are trapped in the Florida workers’ compensation system and getting nowhere, we can help. Because Attorney Warnock handles workers’ comp cases on a contingency fee basis, you owe nothing until he obtains benefits for you.

      Call the Law Offices of Keith C. Warnock, P.A. at (386) 223-1651 or contact his firm online.

      Our Difference

      • 35 Years of Trial Experience
      • Track Record Of Success
      • Free Consultations
      • Personalized Attention & Care