Florida’s laws mandate that most businesses maintain workers’ compensation insurance to protect their employees. Those that are injured and or sickened on-the-job may file claims for medical and or lost wage benefits under the Florida Workers’ Compensation System even if they were found to be at fault. Unfortunately, many organizations and their insure companies still try to deny workers’ compensation claims, making it urgent for the injured to seek help immediately from an experienced Fort Lauderdale Workers’ Compensation Lawyer at the Law Offices of Evan M. Ostfeld. While past results cannot guarantee future success, here is an example about a case that our firm resolved favorably for one of our clients.
Compensable Accident or Attempted Suicide?
A Fort Lauderdale worker was riding as a passenger in a golf cart in the course and scope of his employment. Unfortunately, his co-worker was driving it too fast up a ramp and made a very sharp turn. This caused our client to be thrown from the vehicle and onto the pavement, where he suffered permanent injuries including a traumatic brain injury. He filed a valid Fort Lauderdale Workers’ Compensation claim but the Employer and Carrier nevertheless denied it arguing that he intentionally jumped from the golf cart in a suicide attempt. Under Florida law, if a person intentionally tries to harm his/her self, they are not be entitled to workers’ compensation benefits.
Attorney Evan M. Ostfeld, Esq. and his legal team heavily litigated the case. Our experts testified that it was indeed an accident and the judge therefore dismissed the insurance company’s assertion of a suicide attempt. Although we were successful at trial they still appealed. Ultimately the court affirmed the judge’s decision and the client received all of his past due benefits with penalties and interest. Sometime thereafter, The Law Offices of Evan M. Ostfeld was able to get the employer’s workers’ compensation company to settle the claim for over six figures to help compensate the permanently disabled worker and his family; the attorney’s fees and costs were even paid separately.
Eligibility for Workers’ Compensation Benefits
Employees in Florida who are injured and or contract an occupational illness during the course and scope of their jobs are eligible to apply for Fort Lauderdale Workers’ Compensation Benefits. They cover a part of the injured employee’s lost wages, all authorized medical expenses, rehabilitation, job re-training, prescriptions, transportation, and other medically necessary costs that relate to his/her work accident. Many employers and insurance companies however still fight workers’ compensation claims in order to try to avoid paying any benefits!
Get Help From An Experienced Fort Lauderdale Workers’ Compensation Lawyer
If you’ve been injured on the job, you are likely entitled to receive workers’ compensation benefits. It is important therefore to consult with an experienced attorney right away to learn about your rights. Evan M. Ostfeld, Esq. understands the Florida workers’ compensation system as he has been practicing in this complicated area for almost 30 years. A no-obligation case evaluation is offered. That means, there are no attorney’s fees or costs unless there is a settlement or award. Contact us today to schedule a free consultation at (866) I SUE YOU, (866) 478-3968, (954) 227-7529, (954) 998-00754 text or [email protected]. Evan is here to help!
