Reality, of course, is much different from television drama.  Many civil disputes are resolved before a lawsuit is even filed.  Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse.  Florida has a very strong pre-trial mediation program.  This program is mandatory, and no case can go to trial in Florida without first going through the mediation process.  Trained mediators help the parties try to reach a compromise they can live with.  We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial.  We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected.  Palm Beach County is blessed with the finest judiciary in the State of Florida.  Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial.  While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.

This form asks pertinent questions such as: when the accident occurred, how it occurred, what injuries occurred, and what body parts were affected.  When you report your injury to your employer, it is critical that you clearly state how the accident occurred, your injuries, and you should ALWAYS identify all body parts that were injured.  Failure to accurately report your accident and injuries to your employer can result in the denial of your claim.

Once you report your injury to your employer, your employer is required to contact its workers’ compensation insurance carrier.  In Florida, generally an employer with 4 or more employees is required by state law to carry workers’ compensation insurance.  If the employer is in the construction industry, it is required to carry workers’ compensation if it has 1 or more employees.  See Florida Statute §440.02(17) (2009).

In most cases, your employer or the insurance carrier will send you to a medical facility for evaluation of your injuries.  If you are not sent to a medical facility for treatment for your injuries within 24 hours of reporting the accident, you should inquire with your employer immediately as to where you can receive medical care.  Once you receive your first appointment with a workers’ compensation approved medical facility, the need for accurate and thorough reporting does not end.  It is important that you disclose to the medical provider  how your accident occurred, what injuries you are suffering from, what body parts are injured and any prior injuries you may have to those affected body parts.  Some injured workers may forget or omit the fact they had a prior injury and this can be harmful to their claim.

It cannot be stressed enough that you must disclose, disclose, disclose.  Honesty is the best policy.  Be aware that carriers can deny your claim if they discover you have failed to disclose prior injuries or if you misrepresent the nature of your work accident.  You can even have your claim denied for accidentally failing to mention prior injuries.  See Florida Statute §440.105 (2009). While the Florida statute indicates that your claim can only be denied only if you “knowingly” present false information, there are plenty of cases where employees that have claimed a misrepresentation was accidental, yet they have had their claims denied. 

The workers’ compensation statute is ever changing and can be quite complicated.  The stated purpose of the workers’ compensation act is to “quickly and efficiently” deliver medical care and pay benefits to injured workers.  Unfortunately, it does not always work that way.  The attorneys at Lesser, Lesser, Landy & Smith are experienced attorneys and we understand the complexity of the workers’ compensation system.  While this firm does not specialized in workers’ compensation, we can appropriately guide an injured worker in the right direction and to attorneys who are as passionate about helping the injured as we are.