Fort Myers, FL Workers’ Compensation Lawyer

Workers’ Compensation Lawyers Serving Clients in Fort Myers and All of Southwest Florida

Our priority is your well-being, and we make sure that you receive constant, one-on-one support and communication directly from experienced attorneys. By choosing us, you opt for a dedicated and personal approach to your case.

We serve injured employees with both workers’ compensation claims and workers’ compensation appeals. If you or your family member was hurt while on the job in Southwest Florida, we are here as a legal resource. Contact us at our Fort Myers law office today for your FREE, fully confidential consultation.

What Steps Should I Take If I Am Injured on the Job in Fort Myers?

All workers deserve safe, fair conditions while on the job. While there have been some important workplace safety improvements in Southwest Florida in recent decades, the unfortunate reality is that too many people are still hurt while on the job.

Florida’s Workers’ Compensation Law is a key state statute that helps to protect the rights and interests of injured workers. To ensure that you are in the best position to get the maximum available financial compensation after a work-related injury or work-related illness, it is imperative that you take a proactive approach. Here are five key steps: 

1. Seek Immediate Medical Attention: For injured workers in Fort Myers, medical needs should always be the top priority. You have the right to seek immediate medical attention if you are hurt on the job. You need to see a doctor ASAP to be eligible to file for workers’ comp.
2. Notify Your Employer of the Incident: Florida law puts responsibilities on both employers and employees. As an employee who is covered by workers’ comp, a key responsibility that you have is the duty to notify your employer of the incident in a timely manner. This should be done no later than 30 days from the incident that caused your work injury (Florida Statutes § 440.185).
3. Document the Accident and Your Injuries: Although Florida workers’ comp laws provide no-fault coverage to injured workers, it is still crucial that you thoroughly document your accident and your injuries. The more evidence, the better positioned you will be.
4. File for Workers’ Comp Benefits: Once a workplace injury is reported, employers have 7 days to notify their workers’ comp insurer. If they fail to report the injury, you may report it to the insurance company yourself. You must submit the proper paperwork to file for workers’ compensation benefits in Florida. Be sure to fully and accurately complete the forms. Even seemingly small errors can cause serious problems.
5. Seek Professional Legal Representation: You do not have to navigate a workers’ comp claim or workers’ comp appeal on your own. Protect your rights: Consult with a Fort Myers workers’ comp lawyer as soon as possible after a serious accident.

Is It Safe to File for Workers’ Compensation?

Florida law makes it illegal for employers to engage in retaliation against employees who file for workers’ comp. In addition, workers may not be fired just because they make a workers’ compensation claim.

Undocumented workers enjoy the same legal protections from dismissal and retaliation making claims for workers’ compensation. We recognize that undocumented workers face unique challenges if they get hurt at work, including fears about losing their job and even being deported.

At Bernheim Kelley Injury Lawyers, we are focused on protecting your rights and ensuring you get the full benefits and additional compensation you deserve. The information you share with us—including immigration status—will be held in the strictest confidence.

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Who Is Eligible for Workers’ Compensation Benefits in Florida?

The Florida Department of Financial Services explains that virtually all employers in our state are required to provide workers’ compensation coverage to virtually all employees. This includes full-time, part-time, and temporary workers, regardless of the business’ size or industry. However, it should be noted that properly classified independent contractors and volunteers are not covered by workers’ compensation.

If you are covered by workers’ compensation and you are injured or made ill within the course and scope of your employment, you have the right to file for benefits. A Fort Myers workers’ compensation lawyer can provide you with guidance and support to protect your rights and obtain all of the benefits you deserve.

What Are the Most Common Workers’ Compensation Claims in Fort Myers?

You can make a workers’ compensation claim for any injury or illness that occurs in the course of your job or arises as a result of your employment. This includes injuries in the workplace, occupational illnesses, etc.

Common examples of situations that lead to workers’ compensation claims in and around Fort Myers include:

• Slips, Trips, & Falls
• Falls from Heights
• Objects Falling on Workers
• Motor Vehicle Accidents
• Repetitive Motion & Overexertion Injuries
• Contact with Machinery or Equipment
• Electrocution
• Work-Related Hearing or Vision Loss
• Construction Accidents
• Fires
• Explosions
• Toxic Substance Exposure

When choosing a workers’ compensation attorney in Fort Myers, it is imperative to entrust your claim to a knowledgeable legal professional. Bernheim Kelley Injury Lawyers has extensive experience with a wide range of work injury claims, allowing us to implement legal strategies specific to each client’s situation.

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How Much Time Does an Injured Worker Have to File a Workers’ Compensation Claim?

As with other types of legal claims, it is crucial that injured workers file within all applicable legal deadlines. In Florida, an injured worker has 30 days to report the injury to their employer. Beyond that, injured workers have two years to file a workers’ comp claim (Florida Statutes § 440.19).

Of course, it is advisable to act promptly. Do not fall behind in the claims process. Consult with a Fort Myers workers’ compensation lawyer as soon as possible after a serious incident in the workplace.

– you are in good hands!

“When I broke my leg at work I didn’t know what to do. Thankfully a friend of mine told me to contact Bernheim Kelley. My attorney Brooke Perez and her paralegal Gabriella were great. Gabby answered all my questions and made me feel like I had made the right choice. Thank you Bernheim Kelley.”

Rodney J.

“Dor Schwartz gave us the best service we ever got from a lawyer. He fought for us (off court) and negotiated until we got our money back. He was very professional, kind, and approachable. He answered all of our questions and explained every step of the way. We are definitely going to recommend him & Bernheim Kelley to our friends and clients.”

Dana A.

“I really want to give a huge shout out to my attorney Brooke Perez and an even bigger shout out to her paralegal Gabby @ Bernheim Kelley! The law firm helped me to be compensated for a work injury and I got paid while I was off work. My checks came on a weekly schedule. Thank you all for making this rough situation not so bad. Thank you Thank you!”

Martha S.

“I have used them to represent me on more than one occasion and have recommended this firm to several family members and friends. They are very professional and will always give their undivided attention to each and every case regardless of how complex the case might be. I trust Bernheim Kelley with all of my legal needs and will continue to recommend them each and every time. Thank you for your dedication and hard work.”

John S.

“Working with Bernheim Kelley was an extremely positive experience. The level of attention given was much appreciated, especially with complicated details within our case. Highly recommended and look forward to working with them in the future if the need were to arise.”

Marlaina R.

“It was a long and exhausting road for a claim that was submitted but ultimately I have to thank Jeff DeCarlo and Norin Levy for offering the expertise, support, and patience it needed to reach a settlement that was worth the wait. Thank you Bernheim Kelley for your diligence and professionalism along the way. Being that I never had an insurance claim before, Jeff kept me reassured and calm and Norin made sure my ducks were in a row with the paperwork. Thank you Team!”

Ingrid H.

“I have found Robert Pinkiert and his case manager, Alicia, to be very responsive. Alicia keeps me up to date throughout any proceedings and thoroughly responds to any of my questions or concerns. It is a pleasure to work with the team.”

Neil M.

“Thank you Jesse Bernheim, you and your staff are nothing but amazing. From the communication, patience, and professionalism, your office continues to get results. You and your staff make clients feel like family and know how much we appreciate your hard work and attention to detail. Thank you and god bless!!”

Eddie S.

“I’ve been Jesse Bernheim’s client for more than 15 years. He takes good care of his clients, getting great results. Although most cases are settled out of court, he doesn’t hesitate to get into a courtroom if it’s needed for the benefit of his clients. He and his firm recently helped me with an accident at a park, that accident has caused me not only physical but mental pain, anxiety, and anguish. Jesse Bernheim and Robin Rios took my hand all the way, making me feel protected and confident. They explained to me what to do and what to expect clearly. I highly recommend them.”

Jessica P.R.

“Attorney Robert Pinkiert and his paralegal Alicia are wonderful to work with. They are experienced, professional, highly skilled, and always responsive to help answer questions and provide guidance. Both reached out and proactively supported me during a stressful and challenging time. I would recommend Bernheim Kelley to anyone, including my own friends and family.”

Alice M.

“Thank you so much! I’m so grateful for the way my case has been handled!! I highly recommend Bernheim Kelley. From the very beginning of my case, the communication has been excellent. They have handled my case so professionally and have made me feel so comfortable throughout the process. By far they will work for you and make sure you get the BEST results. If you are looking for an amazing attorney don’t look any further I promise you have it here!!”

Luciana B.

“The absolute best law firm you could ask for in an injury claim. They worked real hard to ensure not only I was ok but set up all my physical therapy and ensured I was paid for my unfortunate accident. Very helpful, no drop in communication, and always had my best interest in mind. I will recommend this firm to anyone!!!!”

Alexander S.

“My experience with this firm from start to finish was excellent in every way. Their entire team was responsive, knowledgeable, and they produced even better results in my case than I was hoping for. I strongly recommend them to anyone seeking counsel for their own matters.”

Serian & John M.

“Jesse Bernheim is professional, responsive, and a great guy. Pleased to be associated with such a fantastic and talented team!”

Rajdeep G.

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What Types of Workers’ Compensation Benefits Are Available in Florida?

Workers’ compensation in Florida provides a range of benefits to employees who suffer work-related injuries or illnesses. These benefits are designed to offer necessary medical care, financial support, and assistance during recovery.

Depending on the nature and severity of your work injuries in Fort Myers, you may be entitled to the following types of benefits:

• Medical Benefits: In Florida, workers’ compensation covers reasonable and necessary medical expenses related to a work injury or work illness. Some of the most notable examples include hospital stays, doctor visits, physical therapy, and medications.
• Wage Replacement: Wage replacement benefits are designed to compensate injured workers for lost wages while they are unable to work due to their injury. The amount and duration of these benefits vary based on the worker’s average weekly wage.
• Permanent Disability: If an injury or illness results in permanent impairment or disability, workers may receive permanent disability benefits. These benefits are calculated based on the degree of impairment, considering the worker’s ability to earn in the future. In the event of permanent and total disability, benefits are paid at a rate of  two-thirds of the average weekly wage.
• Death Benefits: Unfortunately, deadly workplace accidents happen far too often in Florida. In cases where a work-related injury results in death, the deceased worker’s dependents are entitled to death benefits. These benefits include compensation for funeral expenses and financial support for the dependents, such as the surviving spouse and/or surviving child(ren).

Workers’ comp insurers don’t always play fair. Our job is to ensure that you are fairly compensated for a work-related injury or death. We are real advocates who stand up to the insurance companies, fighting for maximum benefits on your behalf while providing you with compassionate, personalized service.

How a Fort Myers Workers’ Compensation Lawyer Can Help with Your Workers’ Comp Claim

Employers and workers’ compensation insurance companies have a major advantage over employees following a workplace injury. They have much more experience and resources at their disposal. Furthermore, they aren’t dealing with the aftermath of an injury.

At Bernheim Kelley Injury Lawyers, we work for you—not the insurers or big corporations. Each member of our team is committed to your cause. We are distinguished by our hands-on management of workers’ compensation claims, as well as the genuine relationships we build with our clients.

You can rely on our Fort Myers workers’ compensation attorney to help with all aspects of your claim, including:

• Reporting the injury to your employer (if you haven’t already)
• Documenting the workplace accident
• Ensuring you get the medical treatment you need
• Gaining a complete picture of the work injury by reviewing medical records and speaking with your doctors
• Determining the benefits you are entitled to; these may include impairment income benefits and permanent total disability
• Filing a Petition for Benefits if your claim is denied or the benefits are less than you deserve
• Advocating for you in the workers’ comp dispute resolution process, including mediation, hearings, and (if necessary) going to court
• Determining if a settlement of your workers’ comp claim is in your best interest and negotiating a fair settlement on your behalf
• Identifying any additional claims you may have outside of workers’ compensation

We make sure you are heard and supported throughout the entirety of your workers’ comp claim. Our team is accessible and transparent, returning calls and emails promptly and providing you with reliable information and updates. This fosters a real relationship between you and our firm, which is critical for delivering the optimal client experience and outcome.

You can trust our Fort Myers workers’ compensation lawyer to treat you with dignity and respect. We provide unwavering dedication to clients throughout Southwest Florida who have been injured in the workplace.

Frequently Asked Questions About Fort Myers Workers’ Compensation Claims

Can I Sue My Employer for an Injury on the Job?

Generally, no. As workers’ compensation insurance is an exclusive legal remedy in Florida, you cannot file a personal injury lawsuit—or get a personal injury settlement—from your employer. The only exceptions are if the employer meant to do you harm or knowingly put you in danger (Florida Statutes § 440.11), both of which are difficult to prove.

However, if a negligent third party contributed to your injury, you might be able to file a lawsuit against them. Third-party claims are separate from workers’ compensation claims and may allow for additional recovery beyond workers’ compensation benefits. Potential damages in a third-party liability claim include:

• Current and future medical expenses
• Lost wages and loss of earning capacity
• Pain and suffering
• Loss of enjoyment of life
• Wrongful death damages

Have questions about a third-party liability claim? Contact our Fort Myers work injury attorney for immediate help.

What Is the Workers’ Compensation Claim Process in Fort Myers?

To claim workers’ comp benefits in Florida, report your injury to your employer as soon as possible. Your employer should then notify their insurance company, which will provide the necessary forms and guidance.

Ensure that you complete all forms accurately and seek medical attention from an approved provider to validate your claim. If you need advice, a workers’ compensation lawyer in Fort Myers can help.

If your workers’ comp benefits are denied, you have the right to appeal the insurer’s decision. This involves filing a Petition for Benefits with the Office of the Judges of Compensation Claims. A knowledgeable attorney can review the denial letter, complete the petition, make sure it is filed correctly, and handle any subsequent proceedings on your behalf.

Do I Need a Fort Myers Workers’ Compensation Lawyer?

Were you hurt while on the job in Southwest Florida? It is imperative that you understand the steps to take to effectively navigate the workers’ compensation claims process. At Bernheim Kelley Injury Lawyers, our law firm is devoted to putting the rights and interests of injured workers first.

Looking for how to find a workers’ compensation lawyer? We have the professional skill and capabilities you can trust. Our Fort Myers workers’ compensation lawyers are standing by, ready to help you take the best course of action.

Contact a Fort Myers Workers’ Compensation Attorney Today

We understand that facing a work injury can be a challenging and overwhelming experience. That’s why, at Bernheim Kelley Injury Lawyers, we take immense pride in setting ourselves apart from other firms. We believe in offering our clients not just legal representation but genuine personal support.

Our commitment to consistent, one-on-one communication with experienced attorneys ensures that you’re always in the know, every step of the way. Your well-being is our top priority, and we’re here to provide the support and legal representation you deserve.

You need the maximum financial benefits. If you or your family member was hurt while on the job, we are more than ready to help. Contact our legal team today at (239) 366-1111 for your FREE consultation. With a law office in Fort Myers, we fight for the rights and interests of injured workers in Lee County, Southwest Florida, and beyond.