Workers Comp Attorneys in Florida

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The crux of every workers' compensation claim is an ill worker or a worker who was injured on the job. The prerequisite of a job injury is if the employee was on the job or was conducting business off the premises but on their employer's instructions.

Even though most work-related illnesses or injuries are known to occur within the office premises, some might also happen on off-site locations or in a company-owned vehicle elsewhere. As long as an employee carries out the duties that are part of their job, their claim will be referred to as 'work-related.'

What to Do If You Sustain an Injury on the Job

1. Visit Your Doctor

Consulting the best workers comp lawyer Florida has to offer makes perfect sense. However, it should not be the first you do after a workplace injury.

Never hesitate to visit or consult a doctor if you feel something is not right. If you suffered a job injury or feel the ill-effects of something at your workplace on your health, take action right away.

If the injury is severe, whether it was a dangerous fall or abrasion, rush to the emergency room. Do not wait. It always pays to play it safe.

In case the injury does not seem too serious, speak to your employer. Often, they will have a specialist on their panel for such instances. Of course, if you're not comfortable with their choice or have the option of seeing someone else, you should do so. Furthermore, if after visiting a doctor prescribed by your employer, you're not satisfied, you should get second opinions.

Second opinions might not necessarily be covered by compensation claims, but if the findings are material, they will help your case.

There is also a flipside to this argument. Depending on your injuries / damages, you might need to get an evaluation by a different doctor as well. If your employer has covered your with health insurance, the second opinion will also be covered.

2. Report Injuries on Discovery

The responsibility of filing a worker's compensation claim falls on your employer. However, for them to do so, they need to know that something has happened. So, make it a point to inform of the job injury as soon as you can.

There is the chance of you falling or having an accident, but not knowing the extent of your injuries yet. Tell your employer what happened and keep them informed about the developments. As soon as you know the extent of your injuries, your employers should be the first ones you tell.

Also, make it a point to follow up with your employer time to time about the status of the claim. You should receive a copy of the claim that has been filed once it is filed. As mentioned before, your employer must file the claim with the insurance company, so make sure they follow through.

3. Document Your Injuries and Keep Up With Medical Care

It will help your case if you maintain a detailed record of your pain, medical care, expenses and anything you consider can be directly attributed to the accident or injuries you suffered. While doing so, you should follow the rehabilitation or treatment plan prescribed by your doctor.

4. If You're Feeling Stressed, Book a Free Consultation With an Injury Lawyer

Even if you weren't in trouble, it is highly recommended to consult with an experienced workers' comp lawyer in Florida. Ideally, your injury lawyer should have a lot of experience handling job injury compensation claims.

Not only will a compensation lawyer guide you all throughout your case, but their initial consultation is, basically, a free case consultation service. Considering your case and all the evidence you have presented, these compensation lawyers will give you a rough estimate of how much workers' compensation benefits you are entitled to.

Workers' comp attorneys in Florida are meant to assist people who received injuries due to:
  • Construction accidents
  • Employers' negligence
  • Third-party negligence

Most of these work-related injuries could include bruises, sprains and more severe injuries that require surgery, hospitalization and, in some cases, even the loss of life. Some common job injuries include:

  • Eye injury
  • Back injury
  • Burns
  • Severe laceration
  • Broken bones
  • Electrical shocks
  • Hearing loss
  • Spinal cord injuries
  • Wrist, elbow, arm and shoulder injuries
  • Whiplash
  • Wrongful death
  • Traumatic brain injury
  • Paralysis
  • Amputation
  • Slip and fall
  • Other injuries


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Workers' Compensation in Florida

Each employer in every industry (except the construction industry) that has more than four employees on their payroll, whether full-time or part-time, must have coverage from an insurance company for worker's compensation.

Since the construction industry is an exception to this law, it is important to mention here that if a construction company has one or more workers (including the sole proprietor themselves), they are required to opt for workers' compensation coverage with their insurance provider.

On the other hand, farming businesses are required to offer the same insurance coverage if they hire five workers on their payroll or if they hire twelve (or more) workers for seasonal agricultural labor, which is typically for a month or so.

If, however, you were injured by a third-party job (anyone other than your employer), then your Florida worker's comp attorney will advise you to file a claim against them alongside a worker compensation claim for social security disability benefits.

In many cases, injured workers were relieved to determine that worker's compensation was not designed to assign blame. However, there were cases where workers had suffered injuries on the job, through no fault of their own. The latter is usually where workers are surprised and even frustrated to learn that Florida law is not interested in who is to blame.

Keeping all of the above in mind, the best way to fast-track personal injury claims is by not addressing the issue of who's to blame. As long as the injury was received at work or while you were carrying out your duties to your employer, these claims will be taken forward.

Florida's worker's compensation law is vital when an employee may have received injuries at their workplace while performing duties assigned to them after the approval of superiors or through the request of the victim's managers. The injuries that you sustained will typically be connected with a specific insurance company, or 'carrier,' which is meant to cover such incidents by providing benefits to the victim after an accident.

Medical Benefits for Employees As Part of Workers' Compensation Benefits in Florida

Employees are entitled to receive most of the benefits mentioned in their insurance company's medical coverage. This includes visits from a doctor or a specialist whenever necessary, followed by the care or treatment that was diagnosed. To put it simply, your insurance company is bound to cover all the doctor's visits, cost of hospitalization, medical tests and physical therapies.

According to Florida law, medical coverage is also meant to cover the victim's mileage for recurrent trips to the hospital or doctor's clinic, attendant care, prostheses equipment and, of course, prescription drugs. The doctor's trips mentioned above also cover the number of times you had to drive to your local pharmacist.

These terms can be ensured by every employee who is legally required to be insured by employers, no matter how much the standard care costs.

Temporary Total Disability and Florida Workers' Compensation

Ideally, employees will draw TTD (Temporary Total Disability) when they cannot continue to work because of their illness or injuries, and their doctor assures them that they are not fit to return to work.

TTD is meant to be up to two-thirds of the average of their usual wages before the accident. As it occurs, there is a limit set for the maximum reimbursement of lost wages in the state. Also, employees will not be eligible to receive benefits for the first week of disability unless they have already been disabled for over 21 days due to illness or injury - of course, as explained and determined by their doctor.

There is no question about the fact that certain accidents tend to cause bodily harm and severe injuries. In such cases, employees are entitled to workers' compensation benefits that include 80% of their usual average wages outstanding for up to half a year after the incident.

Florida Workers' Compensation Laws

People who are employed full-time in the state of Florida are required to receive coverage under self-insurance or worker's compensation claims, as mentioned under Florida law. The only exception to this is when the employer in question is a construction company or has four (or fewer) employees on their payroll.

If the employer meets all the requirements of this law, they are required to provide insurance coverage for their employees. Chapter 440 of the Florida Statutes clearly states all the requirements of compensation law, and each employee and employer can look these up individually. Ideally, workers' compensation lawyers look at these laws against an insurance company as an appeal following denial to a valid claim.

Workers' compensation law was designed to support the swift and effective delivery of medical and disability benefits for injured workers. These laws are also meant to facilitate their return to reemployment, following reasonable compensation from the employer.

Workers' compensation law is a field of law that ensures prompt deliverance of rights and benefits to injured workers. If you're received a job injury in Fort Myers, you shouldn't let anyone get the best of you and make you believe that the incident took place because of your carelessness.

Florida's worker's compensation insurance program ignores the useless search for who was at fault and, instead, focuses on where the incident took place. If your injury or illness was caused while performing work-related duties, worker's compensation would be held liable to pay, even if the accident was entirely your fault.

What If the Accident Occurred Off-Premises and While You Were Off Duty?

Workers' compensation claims are meant to cover all lost income, medical expenses and sundry benefits; however, it does not consider pain and suffering. To acquire these damages, the injured person should consult with their compensation attorney and file third-party lawsuits against those responsible.

These types of lawsuits are usually possible when the worker is injured off the company premises and when another individual or entity is fully or partially responsible for the incident.

For instance, this particular business entity may have sold defective products to the victim or may have failed to maintain or repair equipment. This could be counted as negligence with your employer, in turn, leading to your accident or sickness.

It's safe to say that workers' compensation claims are meant to cover most of the damages suffered by employees. However, third-party negligence claims tend to cover the rest. For this reason, we'll go over everything you need to know in this context as well.

Selection of Doctors in the Midst of Workers' Compensation Cases

In 2003, workers' compensation law in Florida had been amended so that individual employees were not able to seek a second opinion from a doctor/physician of their choosing. Instead, the insurance company involved will be responsible for picking the doctor/physician that treats and diagnoses your illness or injuries.

This new law not only limited the fees of injury lawyers, but many lawyers also preferred not to get involved in workers' compensation lawsuits. Naturally, most compensation claims ended with denials since the unavailability of an injury lawyer and a second opinion for a doctor helped the insurance company gang up on the injured victims.

Workers' Comp Law Protect Employers and Provide Coverage to Employees

Workers' compensation laws require most employers to provide workers' compensation insurance to their employees. Reciprocally, these laws, for the most part, make sure that employees cannot sue their company based on work-related injuries.

According to the law, employees don't even have to prove their employer's negligence that leads to illness or injuries. In fact, employees are entitled to receive compensation even despite the fact that the employee's own negligence led to the incident.

The only exception to this rule is the fact that employees weren't using illegal narcotics or were intoxicated at the time of the accident. If this is the case, then the employee's injuries will not be covered. This is also one of the reasons a number of employers have started asking workers to submit drug tests beforehand.

Lawyer Assistance for Worker Compensation Claims

When faced by a denial letter or if you feel the need to appeal your compensation claim, these employees will require the best worker comp lawyers Florida has to offer. Of course, these lawyers shouldn't have anything to do with the company in question.

There are many workers' comp lawyers in Florida that will accept your case based on valid details and evidence that are essential for your case. However, it may take some research on your part to find the best compensation attorneys in the state.

Third-Party Negligence Claims

Another useful category of workers' compensation claims is called a third-party lawsuit. These claims typically hold another party responsible for their defective equipment or products or for negligence that directly contributed to your injuries and the damages being fought for through a lawsuit.

It is a common occurrence for most cases to be settled via negotiations outside the courtroom. However, when they can't seem to reach a settlement resolution or amount, they proceed to file a claim. In either case, the injured party will need an experienced Florida workers' comp attorney.

These professionals are well-versed in how to go after large organizations or companies in order to negotiate for a large range of compensations that may be spread over a variety of issues, including pain and suffering.

A third-party negligence claim may be filed if products were defective or faulty, or if you were injured on private property due to it being unsafe, or if you received injuries that could have been avoided if not for the negligence of a particular contractor (an individual or entity that is not an employee of another company).

For third party negligence claims, your workers' comp lawyers in Florida will help you file a case against a negligent contractor or third-party manufacturers of a defective or unsafe piece of equipment. Alternatively, they could also do the same against property owners where the incident occurred or even another contractor or company who may have employed the individual who caused the accident.

How Can Workers' Comp Lawyers in Florida Help With Your Claim?

Workers' compensation insurance is meant to provide assistance to workers who are willing, but unable to, carry out their duties due to their workplace injuries. Naturally, their clients can either focus on healing and rebuilding their life or on the thick of obtaining the compensation they deserve. For this reason, you may need a competent injury lawyer to handle all of your affairs for you.

Qualified Workers' Comp Lawyers Can Assist You in Investigating Who's to Blame

Considering that the compensation claim process will not take into account 'blame' as to who deserves workers' compensation benefits, stakeholders may even entirely avoid talking to you about who's to blame.

That being said, if your employers really were to blame for the accident, or strongly believe that you are going to accuse them for your situation, they probably wouldn't be interested in finding out how you were injured.

Frequently, your coworkers may think better of speaking modestly about the accident being a possibly intentional reaction from your employer. Only an experienced compensation attorney can handle this situation, assisting you with whatever you need.

Does It Matter If the Employer Was to Blame?

We've mentioned above that the blame doesn't matter in workers' compensation claims; however, your compensation attorney may advise you when it does matter. Workers' compensation insurance was not designed to create a loophole for employers who intentionally break the law and/or are grossly negligent in terms of workplace safety.

A qualified Florida workers' comp attorney will know the extent to which an employer is protected with respect to Florida laws and where they can be blamed for your injuries. If your employer has crossed the line, you will be able to take your employers to court for your damages. In such a scenario, you will also be able to fight for damages that have far exceeded the workers' compensation benefits you are liable for.

Why Does It Matter If Some Third-Party Is to Be Held Responsible?

The other possibility we discussed in this post was the case where a third party (or their property) was responsible for your accident. Experienced workers' comp lawyers in Florida will also help you determine whether a third party is to blame or if a different strategy needs to be employed.

How Long Can You Receive Workers' Compensation Benefits?

Florida's workers' compensation laws allow injured individuals up to 30 days before they can file a compensation claim against an insurance company, their employers or a third party. Other than having your medical affairs tended to, this has many other advantages, such as your lawyer can collect all the necessary data beforehand.

However, if you believe that your coworkers can confirm how you received your injury, you should ask your lawyer to make a record of their story right away, while they still remember it clearly.

Insurance Company

According to Florida law, employers will be required to report your injuries to an insurance company within seven days of learning about your accident.

In most cases, insurance providers call you 24 hours after your employer reports your injuries. However, if they haven't contacted you within 48 hours or have called and left you a message, it will be your responsibility to get them and follow-up.

Insurance representatives will commonly explain your responsibilities, rights and benefits after the situation. If you aren't sent an insurance packet until the time you're talking to them, make sure you discuss this with them.

An insurance packet is simply the entire process of compensation claims alongside details about how it is calculated. If you don't have access to this insurance packet, make sure you discuss this with your workers' comp lawyers in Florida.

Medical Care

Typically, injured employees are reimbursed by their insurance companies for the first week of their disability. However, if their period of disability extends to anywhere over 21 days, your insurance company will be liable to pay for that first week.

Workers compensation lawyers

Florida Workers' Comp Lawyers Near You

If your employer in Tampa Fl cannot or will not help you during your time of need, our law firm will be at your disposal while you recover from your job injury.

Workers' compensation claims can either be a very simple process, or they can get very complicated. If you consult the best workmans comp lawyer Florida has to offer, you wouldn't even be charged for an initial consultation and you may learn a thing or two about our practice areas.

For this reason, you have virtually nothing to lose by booking a free consultation session with an experienced SOS Accident workers' comp attorney. Visit our website or call us to find out everything you need to know about workers' compensation claims and how we can help you in your time of need.
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