Meet Our Workers' Compensation Attorneys

Taking the right steps immediately after a workplace injury is crucial to ensuring a successful workers’ compensation claim. Following an accident at work, you can take the following steps:

1. Notify Your Employer

Report the injury to your supervisor as soon as possible, in writing. It’s advisable to explicitly mention that the injury occurred at work. Many states have strict deadlines for reporting injuries, so be sure to check your local state laws. 

2. Seek Medical Attention

Seek medical treatment from an approved healthcare provider. While some workers’ compensation insurance policies may permit you to visit your personal doctor, many require you to choose from a list of authorized physicians. These approved providers are specifically designated to evaluate and treat injuries related to workers’ compensation claims, ensuring that your treatment aligns with the insurance guidelines. 

3. Document the Injury

Take photos of the injury and workplace conditions, collect witness statements, and keep copies of medical reports. Be sure not to sign anything without having a copy for your records. 

4. File a Workers’ Compensation Claim

Submit a claim with your employer’s workers' compensation insurance carrier within the required timeframe.

5. Follow Up on Your Claim

Stay in communication with the insurance company and follow medical advice to strengthen your case.

If any issues arise, consulting an attorney can help ensure your rights are protected.

What Happens If Your Employer Does Not Have Workers' Compensation Insurance?

In most states, employers are legally required to carry workers' compensation insurance. If an employer lacks coverage, injured employees may have alternative options:

Option 1: File a Claim with a State-Run Insurance Program

Some states offer funds for workers whose employers are uninsured.

Option 2: Sue the Employer

Employees may have the right to file a personal injury lawsuit against their employer for negligence.

Option 3: Seek Assistance From a Workers' Compensation Attorney

Morgan & Morgan’s legal experts can help explore all available options and ensure fair compensation. Employers who fail to carry workers’ compensation insurance may face significant fines and legal consequences, and Morgan & Morgan can help you fight for justice.

If your workers' compensation claim is denied, don’t panic—you have options to appeal the decision and fight for the benefits you deserve. Here’s what you should do:

1. Review the Denial Letter

Your denial letter should explain why your claim was rejected. Common reasons include:

• Missing paperwork
• Employer disputes the claim
• Injury was not work-related
• Missed deadlines

Understanding the reason will help you determine your next steps.

2. Gather Additional Evidence

If your claim was denied due to lack of evidence, collect:

• Medical records proving your injury
• Witness statements from coworkers
• Accident reports from your employer

3. File an Appeal

Each state has a deadline for appealing a denied workers’ comp claim. Common steps include:

• Submitting a formal appeal with your state’s workers' compensation board
• Attending a mediation session to resolve the dispute
• Presenting your case at a hearing before a judge

4. Contact Morgan & Morgan

A workers' comp lawyer can strengthen your appeal by:

• Gathering compelling medical evidence
• Representing you at hearings
• Negotiating with insurance companies

5. Don’t Give Up

Many denied claims get approved upon appeal. Acting quickly and seeking legal help can improve your chances of receiving benefits.

At Morgan & Morgan, our team of experienced workers’ compensation attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights. 

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

We are dedicated to helping injured workers get the benefits they deserve. If you've been hurt on the job, you shouldn’t have to navigate the complexities of workers' compensation alone. Contact Morgan & Morgan today for a free case evaluation and learn more about your rights and legal options.

Morgan & Morgan’s workers’ compensation lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

After your initial consultation, your care team will schedule regular meetings to discuss your case, provide updates, and prepare you for any upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way.

These meetings can be handled in person, virtually, and by phone, depending on your case’s requirements and your ability to do so.

Workers' compensation covers a broad range of injuries and illnesses that occur in the workplace. These include:

Physical Injuries

• Acute injuries: Fractures, sprains, burns, cuts, and concussions from workplace accidents.
• Traumatic injuries: Falls, equipment malfunctions, and vehicle accidents at work.
• Repetitive stress injuries: Conditions like carpal tunnel syndrome, tendonitis, and back pain from repeated motions over time.

Occupational Illnesses

• Chemical exposure: Lung diseases, skin disorders, or poisoning from hazardous substances.
• Hearing loss: Damage caused by prolonged exposure to loud machinery.
• Respiratory conditions: Asthma, mesothelioma, or chronic bronchitis due to exposure to harmful substances.

Employees should document their injuries and report them promptly to ensure eligibility.

Many workers' compensation claims are denied due to various reasons. Some of the most common include:

Disputes Over Whether the Injury Was Work-Related

Employers or insurance companies may argue that the injury occurred outside of work or was pre-existing, and lack of witnesses or medical documentation can lead to disputes.

Failure to Report the Injury on Time

Many states have strict deadlines for reporting injuries. Failing to notify your employer within the specified time frame can result in claim denial.

Lack of Medical Evidence

If an injured worker does not seek medical treatment or follow prescribed care, insurers may reject the claim due to insufficient evidence.

Employer Retaliation

In some cases, employers may challenge claims to avoid higher insurance premiums.

Employees whose claims are denied have the right to appeal. Seeking legal counsel can help navigate the appeals process and improve the chances of a successful claim.

Generally, workers' compensation laws prevent employees from suing their employer. However, lawsuits may be possible in cases of gross negligence or lack of insurance. Contact Morgan & Morgan for a free case evaluation to learn about your legal options.

Payments typically begin within a few weeks after the claim is approved. Delays can occur if the claim is disputed. Each case is unique, however, so consulting with an attorney can give you a better estimate of this timeline.

In a workers’ compensation claim, injured workers may be eligible for several types of benefits, depending on the severity of their injury and their ability to work. Here’s what compensation may be available:

Medical Benefits

Covers all necessary medical expenses related to your work injury, including:

• Doctor visits
• Hospital stays
• Prescription medications
• Physical therapy
• Surgery
• Medical equipment (crutches, wheelchairs)

Temporary Disability Benefits

If you can’t work temporarily due to your injury, you may receive wage replacement benefits:

• Temporary Total Disability (TTD): If you can’t work at all, you typically receive a portion of your wages (usually two-thirds of your average weekly wage).
• Temporary Partial Disability (TPD): If you can work reduced hours or perform light-duty tasks, you may receive partial wage replacement.

Permanent Disability Benefits

If your injury results in a permanent impairment, you may qualify for:

• Permanent Partial Disability (PPD): If you can still work but have some level of lasting disability (loss of function in a limb).
• Permanent Total Disability (PTD): If you can’t return to any work due to a severe injury.

Vocational Rehabilitation

If your injury prevents you from returning to your previous job, you may receive:

• Job retraining programs
• Career counseling
• Education for a new field
• Assistance in finding new employment

Death Benefits (for Families of Deceased Workers)

If a worker dies due to a job-related injury, their dependents may receive:

• Funeral and burial costs
• Ongoing financial support for surviving spouses and children

Yes, workers’ compensation is a no-fault system, meaning employees are covered regardless of who caused the accident, with limited exceptions.

Deadlines vary by state but typically range from 30 days to two years. It is best to file as soon as possible. An experienced attorney can also assist you to ensure that you file correctly and on time.

You may qualify for long-term disability benefits, vocational retraining, or permanent disability compensation. As stated before, working with an experienced workers’ comp attorney at Morgan & Morgan can help you fight to maximize the compensation you recover—especially if your condition inhibits your ability to perform your job. Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.