Overcoming The Odds

Being injured on the job puts you in a position where the odds are stacked against you.  More specifically, the area of law [1] governing Florida’s workers compensation system contains statutory provisions that effectively limit the benefits you’re entitled to.  Moreover, most of the statutory provisions within Chapter 440 of the Florida Statutes presume that the injured worker establishes the burden of proof necessary to gain entitlement to work comp benefits.  Fla. Stat. 440.015 [2] provides the legislative intent behind Florida’s workers compensation law.  The legislative intent is not consistent with the reality of what an injured worker must go through in order to secure workers compensation benefits.

Fla. Stat. 440.015 describes the Florida legislature’s intent in creating Florida’s Workers Compensation Laws.  “It is the intent of the Legislature that the Workers’ Compensation Law be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer.”  If the workers compensation carriers provided benefits to injured employees in a manner that was quick and efficient, our firm would have no reason or incentive to undertake representation of individuals injured on the job.  We represent individuals injured on the job on a contingency fee basis and provide free consultations to discuss your case.

The workers compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike.  The employer’s immunity is a quid pro quo; the employee forgoes the right to sue in exchange for the employer’s assumption of liability without fault. [3] There are exceptions to an employer’s immunity from suit by an employee.  What does “immunity from suit,” mean?  It means an exemption from performing duties that the law generally requires other citizens to perform, or from a penalty or burden that the law generally places upon other citizens.  How do I know whether the circumstances of my case would allow me to sue my employer in tort?  You would need to have a free consultation with our office to examine the specific facts of your case.

Though the legislature may have been well intentioned when creating workers compensation laws, the intent is not reflected in the actual functioning of a work comp claim.  “In addition, it is the intent of the Legislature that the facts in a workers’ compensation case are not to be interpreted liberally in favor of either the rights of the injured worker or the rights of the workers compensation carrier.”  [4] The facts in a workers compensation case are so often interpreted against you that most of the work we do in handling your work comp claim is related to ensuring you are not taken advantage of.  Because facts are interpreted in favor of worker’s compensation carriers, the Dolman Law Group works to overcome the odds in favor of our clients.

A fundamental element of our firm’s culture is representing individuals with a unique degree of intensity and dedication. Feel free to view the client testimonials on our YouTube channel.  On nothing less than a daily basis, we do the work necessary to ensure our clients received the benefits they are entitled to.  If we did not, we can guarantee they would be left with nothing.  Through efforts expended on behalf of our clients, we work to overcome the odds against someone injured on the job.  We absolutely guarantee that the workers compensation company will not go out if it’s way to do what the legislature intended in creating workers compensation laws.  To find out what we can do for you, contact our office for a free consultation. Call  (727) 853-6275 or visit us at www.dolmanlaw.com.

Dolman Law Group
5435 Main Street
New Port Richey, FL 34652
(727) 853-6275

https://www.dolmanlaw.com/new-port-richey-workers-compensation-lawyer/

References:

[1] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440.html
[2] http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.015.html
[3] https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/0B170494A13D81BE85256F7A007637AC
[4] http://legal-dictionary.thefreedictionary.com/immunity

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