Worker's Compensation &  
Social Security Benefits

You've been injured on the job and can't work...
Now what?  You're hurting, bills are piling up and it may seem as though there is no hope for you and your family.  What should you do?

• First and foremost, make certain you've been properly checked by a doctor. Some injuries may not be apparent right after your accident. Our experienced attorneys will help you get the immediate medical help you require and the follow-up care you deserve.  Failure to receive essential medical care can result in lifetime damage to your health and earning ability.

• Secondly, if you have suffered an injury arising out of and in the course of employment, you must advise your employer of the injury within 30 days after the date of or initial manifestation of the injury.  Failure to so advise the employer shall bar a petition under the workers' compensation law, unless the employer or the employer's agent had actual knowledge of the injury, or the cause of the injury could not be identified without a medical opinion and the injured worker advised the employer within 30 days after obtaining a medical opinion indicating that the injury arose out of and in the course of employment.

• Workers' Compensation and Social Security benefits are very complicated and complex types of procedures.  Although they are meant to be self-executing, in most situations, it is always important that you take steps to ensure that your rights are protected.  You should keep good records, be careful when dealing with the insurance company, know the rules and regulations as well as you can and remember to seek the services of The Law Offices of David P. Ginzberg if you feel you are running into a problem.  Our lawyers will talk with you during the initial consultation free of charge and, during that conversation, you can discuss with them your understanding of what you have to do and how to get it done.  The sooner you hire us as your lawyer, the better we can assess the facts, develop a strategy and protect your rights.

• Don't wait, call today, toll-free: 1-800-611-0142 or send an e-mail now.  It costs you nothing to call and have a professional lawyer do an in-depth examination of your situation.

• If you have any questions regarding your options after an on-the-job injury and you live in Palm Beach, Martin, St. Lucie or Okeechobee County, or anywhere else in Florida, contact us today for sound legal advice and experienced representation.  It's imperative that you retain an attorney to make certain that nothing has been overlooked. 

Workers' Compensation:  The law provides money and medical benefits to an employee who has an injury as a result of an accident, injury or occupational disease on-the-job.  Workers' compensation is designed to protect workers and their dependents against the hardships from injury or death arising out of the work environment.  It is intended to benefit the employee and employer alike.  The employee receives money (usually on a weekly or biweekly basis) and medical benefits in exchange for forfeiting the common law right to sue the employer.  The employer benefits by receiving immunity from court actions against them by the employee in exchange for accepting liability that is limited and determined.  The question of negligence or fault is usually not at issue.

It can be difficult to handle a workers' compensation case on your own.  With trained adjustors working for the insurance companies who have lawyers at their everyday disposal, hiring a qualified attorney is essential.  Unless your case is extremely simple, a good lawyer is important to protect your rights.  Trying to handle your own case may save you a penny but cost you a pound in the long run.

Social Security:  In addition to workers' compensation benefits, you may also be entitled to other benefits, such as Social Security.  Social Security benefits are different from workers' compensation benefits.  In order to receive Social Security benefits, an individual must show that he has a disability which is total in nature and that total disability is expected to last for at least a year or more.  Periods of temporary total disability which are shorter than a year will not qualify an individual to receive Social Security disability benefits.

Generally speaking, if a person is unable to work anywhere anyhow as a result of his disability, he will be entitled to Social Security disability benefits.  You should apply for Social Security disability benefits at your local Social Security office.  Usually, your attorney in your workers' compensation case will also represent you in your claim for Social Security disability.

If you are entitled to Social Security disability benefits, there are various offsets between the Social Security and workers' compensation laws which reduce either your Social Security benefits or your workers' compensation benefits.

Social Security provides benefits for seriously injured workers and their families.  To qualify for Social Security, you must show that you have a physical or mental impairment and the impairment must be expected to last at least 12 months.  The impairment must prevent you from doing any substantial gainful work activity.

If you receive Social Security benefits, monies that you receive from workers' compensation may be credited against your Social Security benefits or vice versa.  If you settle your workers' compensation claim after you have received Social Security benefits, Social Security may want an offset of the benefits it pays you against your workers' compensation benefits. It is very important that you take this into consideration before you settle your workers' compensation case.  There is language that is designed to minimize the amount of credit for Social Security you may take against the workers' compensation award.

Mental & Psychiatric Injuries:  In Florida, stress which is caused only from stressful conditions and emotional problems are not covered by workers' compensation.  However, if you had a substantial physical injury which resulted in psychological or emotional injuries, treatment for depression or other treatment resulting from the injury may be compensable.

Psychiatric injury alone, without physical injury, is not a compensable injury.  If a physical injury causes a need for psychiatric care, the psychiatric injury can be compensable.

A mental or nervous injury due to stress, fright or excitement only does not qualify as an accidental injury.  However, if a physical accident occurs, then the full disability, including the results of mental injury, may be found compensable.

To be compensable, a mental injury must be the direct and immediate result of an industrial accident and a mental injury must result from some physical trauma and not be remote from the accident.  Delay in the mental injury's appearance may occur as no specific time rule applies to when the psychiatric condition may come about as a result of the accident.  Proving the need for psychiatric or mental care only needs a showing that the mental injury is directly and proximately linked to the initial injury.

Death Benefits:  If death results due to an injury on the job, the worker's dependents are entitled to certain fixed benefits.  The basic benefits are compensation up to $150,000.00, funeral expenses and educational benefits for the spouse.  To be compensable, death must result from an accident within one year and if death occurs after one year, benefits are awarded only if the death follows continuous disability and occurs within five years after the accident.  In occupational disease cases, death must occur within 350 weeks after the date of last exposure.

To qualify for death benefits, an individual must be a dependent of a deceased and must be related as the deceased's spouse, child, parent, brother, sister or grandchild.  The individual must also be dependent upon the deceased and the burden of proving dependency is on the claimant.  The definition of spouse or dependent are specifically defined and sometimes very complicated.  The amount of benefits depends upon the relationship and the number of dependents.



Hiring a lawyer is critical in any of the following situations:

• Your injuries are serious or your ability to fully recover is doubtful.

• The employer denies you were injured on the job.

• The carrier has denied benefits.

• You cannot get medical treatment.

• You are not getting paid.

• The adjustor promises benefits or care which never arrives.

• An attorney for the employer or insurance company contacts you and wants to take a deposition.

• You want to sue a third person or company that may have contributed to your injury or illness.

• You begin to represent yourself and you encounter someone on the other side who is particularly difficult and is trying to take advantage of your lack of legal expertise.

These are but a few of the situations which arise and should make you consider hiring an attorney. Remember, the more problems you encounter, the more you probably need representation.

When you have been seriously injured, it is crucial that you contact an experienced personal injury attorney as quickly as possible.  If you have been injured in a work accident, or because of a dangerous or unsafe situation on the job resulting in personal injury, the sooner you hire us as your lawyer, the better we can assess the facts, develop a strategy and protect your rights.

It costs you nothing to call The Law Offices of David P. Ginzberg and have a professional lawyer do an in-depth examination of your situation and determine how much you deserve to be compensated for your suffering. Don't wait, call today, toll-free: 1-800-611-0142 or send an e-mail now.

• Don't give up your rights!  There are time periods within which you must make your claim, or by law, you may be prevented from receiving the compensation you deserve.  Lawsuits are complicated.  You need an attorney that is knowledgeable about injury law and can successfully fight for your rights.  You want an attorney who will put your concerns first and treat you with compassion and understanding, while explaining exactly what's happening each step of the way.

• If you are injured, you are in no position to deal with an insurance company.  Insurance companies will want to settle with you as quickly and cheaply as possible.  Nothing personal... it's their job!  How can you be certain that you will be completely compensated for your injuries?  How can you know the extent of your injuries today?  In time, there may be other symptoms or complications that emerge resulting in serious losses to your well being.  If you settle too soon or for too little, your chance of being properly compensated for all of your injuries may be lost.  It's imperative that you retain an attorney to make certain that nothing has been overlooked.

Experience Counts
Hire an experienced law firm.  The Law Offices of David P. Ginzberg have litigated many accident, on-the-job injury and hazardous condition cases that caused personal injury or wrongful death.

• When the worst has happened, you are the one who has to live with the consequences of a crippling injury - not the person or company that caused it, and certainly not their insurance company.  They're only looking out for their own interests, not yours.
   

• When you hire the Law Offices of David P. Ginzberg, you get a strong advocate whose only goal is making sure that you are adequately compensated for all of your injuries and the affect they have on your life.
   

• We have been successfully helping Floridians with legal services since 1984.  We are fully experienced with all facets of the legal procedures required to ensure that your case is conducted professionally and thoroughly.  Our attorneys are top-notch trial lawyers capable of the meticulous effort necessary to guide your case from inception to completion.  You can be certain that every member of our staff knows their job inside and out and will do their very best to meet your expectations.  Call us today, 24/7 Toll-Free: 1-800-611-0142 or send an e-mail now.

Initial Consultation
Upon your first visit, we provide you with a comprehensive consultation with one of our attorneys ABSOLUTELY FREE, or if you prefer, you can get answers fast over the phone.

• This service costs you nothing, yet allows you to obtain straight-forward answers to your questions to help put your mind at ease.
   

• We will advise you exactly what you should or shouldn't do next.
   

• If you choose to have us handle your case, we will tell you up-front and in
  writing exactly what services we will provide, along with the amount of our fees and costs, if any.
   

• In the event that your case involves personal injury, on-the-job injury, product liability or wrongful death you pay no fees or costs.  We are paid for the costs of investigating and preparing your case from the proceeds of your claim after the settlement or trial verdict for your injury is reached.
   

• Get the help you deserve now.  Call us today,  24/7  Toll-Free:   1-800-611-0142 or send an e-mail now.

We'll Look After You
It's reassuring to know that you have someone in your corner to look after you.

• Our loyalty is with you.  Once you've entrusted our firm with your problems, we perform strictly for you and your interests.
   

• We know how important it is for you to know that your worries are well taken care of.
   

• You always have someone to turn to.  We put our clients concerns first and do our utmost to treat you with compassion and understanding.
   

• Each of the professionals in our law offices get to know you personally. We take the time to answer all your questions and explain exactly what's happening each step of the way.
   

• With locations throughout Florida, we're available to help you when and where you need it most.  If you're suffering with an injury that prevents you from getting around, we'll come to you.
   

• We are always there to fight for your rights, whatever it takes!
   

• Get the help you deserve now.  Call us today,  24/7  Toll-Free:   1-800-611-0142 or send an e-mail now.

Work Accident FAQs

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