Florida Workers' Compensation Attorneys

Workers’ Comp Lawyer Florida

You have the right to feel safe in your workplace. Because of this, employers are required to carry workers’ compensation insurance. This ensures that, if you are hurt on the job, you will be able to cover lost wages and medical expenses.

However, trying to get the compensation that you are entitled to can be a challenge. Sometimes, the insurance companies will try to use terms that aren’t in your favor. They might allege that the accident didn’t occur at work or try to minimize the extent of your injuries. This can make the process of applying for worker's compensation a difficult task. As a result, you will need to turn to a workers’ comp lawyer in Florida. Here’s everything you need to know about filing a successful workers’ comp claim in Florida.

How Workers’ Compensation Should Function

Let’s look at the ideal process that your Florida workers’ comp claim should follow. First, you get injured at work. As we’ll discuss later, there are plenty of ways that this can happen. As a result of your injuries at work, you are left unable to work. Because of this, you decide to file a workers’ comp claim.

This workers’ comp claim entitles you to some compensation for your job related injuries. As a result, your employer and workmates don’t need to accept any liability for the accident. When applied like this, workers’ comp should benefit both workers and employers.

However, this might not always be the case. Sometimes, the insurance companies will put a fight. They might be unwilling to pay you the compensation that you are owed. Because of this, you will need to get a skilled workers’ comp attorney to help you prepare your case.

What Type of Job Injuries Can You Claim For?

There are plenty of injuries that might occur while you are at work. Sometimes, these will be fairly minor. This includes things like sprained ankles or some cuts. At other times, you might receive broken bones.

Sometimes, the injuries can be caused by the long-term impact of your work. For example, you might develop repetitive motion injuries. Alternatively, you might get a herniated disk from too much heavy lifting.

However, there are plenty of times when these accidents have been more severe. For example, a workplace accident can leave you with a broken back. Sometimes, you might be exposed to potentially dangerous toxins. These can increase your risk of diseases, like cancers. At other times, you might be left with permeant hearing loss. You might have brain damage as a result of a blow to the head.

The good news is most injuries that occur within the workplace are covered by the workers’ comp system. No matter how serious the accident was, you’ll be able to get compensation through this system.

Who is Entitled to Make a Worker’s Comp Claim?

Before you can file a workers’ comp claim, you’ll first need to decide whether or not you are eligible. There are many elements that your workers’ comp lawyer will need to consider. This includes the industry and whether they are employed by the state or the federal government.

In almost all cases, though, you will be entitled to some level of workers’ compensation protection. Even if you are in the minority that isn’t covered by this system our workers’ comp injury attorneys might be able to find another way of seeking compensation.

What Does Workers’ Comp Cover?

The purpose of workers’ comp is to help you recover after your job-related injury. As a result, it will cover things like visits to the hospital and the cost of any medication that your doctor prescribed. If you were temporarily unable to work, you’ll be able to get up to 104 weeks of disability benefits. However, you need to make sure that you show up for scheduled medical appointments. If you don’t, there is a risk that your workers' comp payments will be stopped.

Some benefits extend to those who have been more seriously hurt. There are permanent disability benefits for those who are unable to return to work. If your loved one died, you will be able to claim death benefits. A good workers’ comp lawyer will be able to get you the maximum workers’ comp benefits that you are entitled to.

The amount that you will receive is determined by a compensation schedule. It will depend on your weekly wage, the type of job-related injury you received, and how long you will be able to work for. Usually, you will be getting about two-thirds of your weekly wage.

The No-Fault Claim System

One of the most important elements of the workers' compensation system is that is based on the no-fault principle. This means that it isn’t the role of workers’ comp insurance to assign blame. You will be entitled to compensation, even if you were the cause of the accident.

Instead of trying to find out why the accident occurred, there is an emphasis on the circumstances in which it happened. If you were at work, performing your employment duties, you will be able to make a claim.

There are a few reasons why the system was designed in this way. But the biggest benefit is that it should allow you to get the money faster. Anything that relies on assigning blame will usually result in a big legal battle. Both sides will be able to debate who was at fault. Sometimes, it will need to go to court. This will take a long time to get sorted out. Plus, the amount of compensation you will receive isn’t linked to the amount of pain and suffering that you endured.

What if Your Employer is Responsible for the Accident?

There are plenty of benefits of the no-fault system. But this can be difficult for people whose employers were responsible for their job-related accident. If you accept a workers’ comp payment, you might be losing your ability to sue them for damages. But this doesn’t have to be the case. There are limits to the extent of the workers’ comp no-fault system.

If you believe that your employer created unsafe working conditions, which caused you to get hurt on the job, you should ask your lawyer to investigate. Sometimes, you might be able to bring a case against your employer. This will allow you to sue for additional damages, exceeding what you got from your workers’ comp. This is also a good way of acting as a deterrent, preventing other employers from putting their workers at risk.

Claiming Third-Party Negligence

Sometimes, your job-related accident will be linked to a third party. For example, you might have been injured by a contractor, who wasn’t employed by the company that you were working for. Another common example is when the equipment that you were using turned out to be faulty. Third, you might have been injured on premises that aren’t owned by your employer.

In these cases, you might be able to pursue a third-party negligence claim. To decide if you have a case, your attorney will need to review the circumstances in which the accident happened. Your lawyer will be able to get damages from the party or parties that caused your accident to occur. This will be in addition to the workers’ comp payment that you received from your employer.

How Long Do You Have to Report a Job-Related Accident?

Usually, you will have a limited time to file your workers’ compensation claim. Often, you will need to report the incident within 30 days. You will only have two weeks to file a report. If you fail to meet this deadline, you might not be able to make the claim. Because of this, it’s important to contact our workers’ compensation injury attorneys as soon after the accident as possible.

Stages of Workers’ Comp Claims

Hopefully, you now have a better idea of whether you are eligible for a workers’ compensation claim. If you aren’t sure, get in contact with one of our workers’ compensation lawyers. We’ll examine the circumstances and advise you on how to proceed.

If you have a workers’ compensation claim, you will need to go through a few steps to make your claim. These are:

1. Getting the information after the claim
2. Receive an independent medical examination
3. Getting awarded the workers’ comp
4. If needed, you can appeal the decision
5. Attend the hearing
6. Get the results of the hearing

Let’s take a closer look at this process and how it should work.

What to do After a Workplace Injury?

If you have been injured in a workplace injury, there are a few things that you will need to do.  Make sure to take some pictures of your injuries and the site where the accident occurred. It’s also important to make sure that you take the names of any of your work colleagues who witnessed the accident. Take a note of the time and date where the accident occurred. You’ll also need to say what caused the incident to occur.

At this point, you should contact a workers’ comp lawyer in Florida. They will be able to help you start preparing your claim and calculating the types of damages that you are entitled to.

Shortly after the accident, you should get a call from the medical adjuster. They will explain your rights and tell you what you can expect from the process. They will send out a packet informing you of your rights. This should occur within 48 hours of reporting the workplace accident. If this doesn’t happen, you’ll need to talk to your adjuster.

Independent Medical Examination

After you have been hurt on the job, you will need to get a medical examination. This allows your employer to get a clear understanding of the extent of your injuries. Who will be examining you will be determined by your boss. If you don’t like the way that this examination went, you will be able to switch doctors. But, under Florida law, you will only be able to do this once.

Before you can claim workers’ comp, you will need to submit to an independent medical examination. This is intended to diagnose your injuries. They are also asked to determine whether the injuries are caused by your work activities. This is what the insurance company will use when deciding how much payment you will receive.

There have been times when insurance companies have been known to work with doctors. As a result, they might try to minimize the extent of your injuries. At other times, they might change the prognosis. Because of this, it’s a good idea to talk to your lawyer before you attend this appointment.

After the appointment, the insurance company will look at the results. They will then decide how much money you are entitled to. For most people, this is where their journey will end. They get the money they need and can start to heal from their workplace injury.

It’s also important to make sure that you are keeping your employer in the loop. If you aren’t cleared to return to work, get the doctor to give you written instructions about your recovery process. Tell your supervisor what the doctor has said and how long it will take for you to recover. This simple action will help you keep your employer on-side, ensuring that you have a job to return to once the recovery process is over.

Why Your Claim Can be Rejected

There are a few reasons why your insurance claim might be rejected. First, it might be determined that the injury didn’t occur while you were at work. Sometimes, it might be found that you weren’t being honest about the injury. Finally, the medical examination might have discovered a pre-existing condition. This could explain the workplace injuries that you received.

If your workers’ compensation claim is denied, you won’t receive any compensation for your injury at all. The good news is that you will have the ability to appeal the decision.

Appealing a Workers’ Comp Decision

While most people will be happy with the decision from the insurance company, this won’t always be the case. The good news is that you don’t need to put up with this decision. You can appeal a decision that you think is wrong.

There are a few circumstances when appealing can be a good idea. Sometimes, the extent of your injuries might have been overlooked. At other times, you might have been given a lowball offer from the insurance company. Your lawyer will be able to tell you whether it is worth appealing the decision.

If you do decide to appeal, you’ll need to file with the Division of Administrative Hearings. Then, a judge will be assigned to oversee your case. Often, the judge will schedule a hearing. This will take place within 40 days.

Workers’ Comp Hearing

You will need to present a case outlining your entitlement to compensation. This will occur at a hearing. Technically, you don’t need to have a lawyer present. But it’s advisable to have an attorney present. This will ensure that you present the strongest possible argument.

At the hearing, you will need to focus on presenting evidence that shows why you deserve compensation. This involves proving that the accident occurred at work. You can refer to testimony from fellow employees. Sometimes, you will be able to play video footage of the accident occurring. You’ll also have to show evidence of the workplace injuries that you received. You can do this by showing the medical bills that you received. Sometimes, you will need to show that your injuries were caused by the accident, rather than because of pre-existing conditions. Your lawyer will be able to use medical experts to prove this area of your account.

At this hearing, the insurance company will be given a chance to rebut your argument. They will be able to present evidence to show why you don’t deserve to receive compensation. This will sometimes mean that they can call medical experts to rebut your testimony.

Once both sides have had a chance to present their argument, it’s up to the judge to decide which side won the case. How long it takes them to make this decision can vary. Sometimes, it will take them a while to come to this decision. You might need to wait 30 days for them to weigh up the arguments.

In most cases, though, the case will be settled before it reaches the courtroom. This benefits both sides, as you won’t need to pay expensive court fees. Plus, you don’t need to go through the stress that a court proceeding can cause.

Mediated Arrangements

Sometimes, you might want to turn to mediation, rather than a judgment. This is most common when there is a conflict about the amount of money that you receive. They will be able to start a dialogue between the two parties, allowing them to solve their differences. 

Contact the Injury Firm

Getting into an accident at work can be a nightmare. You won’t be able to get back to work, and you’ll be expected to pay for medical treatment. The good news is that you will be able to claim workers’ comp benefits.

Most of the time this process will be fairly straightforward. But it’s still a good idea to talk to your workers’ compensation lawyer after getting hurt on the job. They will be able to inform you of your rights and make sure that you are treated fairly. If your claim is denied, or you don’t get the compensation you are entitled to, they will be able to fight on your behalf. To find out more about how we can help, give our friendly team a call today.