Loss of Use Lawyer in Vero Beach, Florida

Loss of use injuries can range from loss of mobility in a limb to loss of sensory functions, significantly impacting an individual's ability to return to their previous work or any work at all. My practice in Vero Beach, Florida, represents individuals who have experienced these life-altering injuries.  

Choosing the right attorney to represent your loss of use claim is crucial for securing the compensation you rightfully deserve. At the Law Office of Olivia Devonmille, P.A., I pride myself on my unwavering compassion, meticulous attention to detail, and prompt responsiveness to my clients' needs.  

I know that each case comes with physical, emotional, and financial challenges. I promise to provide legal help and emotional support during this tough time. 

One of the compelling reasons to entrust your case to me is my unique perspective and experience as a former workers' compensation judge. My insider's view of the judicial process and what it takes to present a persuasive case sets me apart in the field. If you're grappling with a loss of use injury and are concerned that you won't be able to recover the benefits you deserve, reach out to me today for a free consultation. 

Understanding Loss of Use

Loss of use refers to the loss or impairment of an individual's ability to use a specific body part or function due to an injury or illness. Examples of loss of use injuries include: 

• Loss of a limb 

• Paralysis 

• Nerve damage 

• Loss of vision or hearing 

In the context of workers' compensation, loss of use injuries are particularly critical as they directly impact an individual's ability to perform their job, potentially requiring them to seek alternative employment or, in severe cases, leaving them unable to work entirely.  

In Florida, the workers' compensation system provides benefits for employees who sustain such injuries on the job, covering medical expenses, rehabilitation costs, and a portion of the lost wages.

Common Causes of Loss of Use Injuries in the Workplace

Loss of use injuries in the workplace can stem from a variety of incidents, often tied to the nature of an individual's job and the working conditions they are exposed to daily. Some of the most common causes include: 

• Repetitive Motion Injuries: Tasks that involve repetitive motions, such as typing or assembly line work, can lead to conditions like carpal tunnel syndrome or tendonitis, significantly impairing hand and arm function. 

• Falls: Slips, trips, and falls, especially on hard surfaces, can result in serious injuries, including broken bones, spinal cord damage, and traumatic brain injuries, which may lead to loss of use of limbs or other bodily functions. 

• Machinery Accidents: Mishaps involving heavy machinery or equipment can cause severe injuries such as amputations, crushing injuries, or severe burns, leading to permanent disability. 

• Vehicle Accidents: For professions that involve a lot of driving or operating vehicles, collisions can result in long-term impairments, including paralysis or loss of limb mobility. 

• Exposure to Harmful Substances: Long-term exposure to chemicals, toxins, or loud noises can lead to chronic health issues, including respiratory problems, nerve damage, or hearing loss. 

Understanding the common causes of these injuries is crucial for implementing effective workplace safety measures and for those affected to recognize the importance of pursuing legal assistance to secure their rights and benefits under workers' compensation laws. 

An Overview of the Claims Process in Florida

Filing a workers' compensation claim in Florida for a loss of use injury starts with timely reporting of the injury to your employer. According to Florida law, injured workers have up to 30 days from the date of the accident or the discovery of the injury to inform their employers. Delaying this critical step can jeopardize your eligibility for compensation.  

Once notified, your employer is required to report the injury to their insurance company within a specific timeframe, usually seven days. It's essential to provide as much detail about the injury and how it occurred as possible to ensure your claim is accurately documented from the start. 

After your employer reports your injury, the insurance company will evaluate your claim to determine eligibility for workers' compensation benefits. This process typically involves: 

• Reviewing medical records and accident reports. 

• Conducting interviews with you, your employer, or any witnesses to the incident.  

It's crucial during this period to follow all medical advice and attend all appointments related to your injury, as these actions will be significant in supporting your claim. The insurance company's decision can lead to the approval, denial, or request for additional information on your claim. If approved, the compensation will cover necessary medical treatments, rehabilitation costs, and a portion of your lost wages due to the injury. 

What If My Claim Is Denied?

Unfortunately, it's not uncommon for loss of use workers' comp claims to get denied. This is because, depending on the nature of your injury, it can be difficult to prove whether it was truly caused by a work incident.  

That's why it's key to involve a workers' compensation attorney as soon as possible after your injury. An experienced attorney can help you gather the necessary evidence and present a convincing case to the insurance company or, if needed, represent you in court. 

Should your claim be denied—or if you find the compensation inadequate for your loss of use injury—you have the right to appeal the decision. In Florida, this entails filing a petition for benefits with the Florida Division of Administrative Hearings. This step must be taken within two years from the date of the injury or within one year of the last received compensation.  

The appeals process is another reason why having a skilled workers' compensation attorney on your side is crucial. They can guide you through the legal system, advocate for your rights, and fight for the benefits you deserve. You do have the option to represent yourself; but, as a former workers' compensation judge, I can attest that the process can be complicated and overwhelming without proper legal representation.  

My firm proudly serves clients across a variety of locations, including Vero Beach and Sebastian, Florida, and the greater Indian River County area. I also work with clients in Fort Pierce, Port St. Lucie, and the greater St. Lucie County area, as well as those in Palm Bay, Melbourne, and Viera, which are part of Brevard County.