Workers’ compensation can offer financial relief to Florida employees who have been injured while performing their job duties, even if they were at fault for their accident.
Summary
- A lawyer who handles workers’ compensation cases in Florida can guide families through the steps to recover the benefits they are owed.
- Florida law requires most companies to carry workers’ compensation insurance covering medical bills and lost wages.
- Workers must report injuries within 30 days, and management has a week to tell their insurance company.
- Workers’ comp cases face hurdles like slow claims, lack of medical records, and tricky legal issues.
- A Florida workers’ compensation lawyer can help you file, gather medical proof, and make appeals.
In most industries, Florida employees can pursue workers’ compensation benefits if they were accidentally harmed in the workplace. However, the workers’ compensation claims process can be stressful and confusing, especially during recovery from an on-the-job injury or illness.
An experienced Florida workers’ compensation lawyer can provide the support needed to help injured workers and their families receive the benefits they deserve. At Werner, Hoffman, Greig & Garcia we fight fiercely for injured workers’ rights.
In 2021 alone, Florida saw a troubling number of fatal workplace injuries—315 to be exact, according to the Bureau of Labor Statistics. These numbers represent real lives affected and families forever changed by unsafe job conditions.
We know Florida’s workers’ comp laws inside out and handle the toughest cases. We work closely with our clients to develop personalized strategies to protect their rights and maximize their compensation.
If you got hurt at work in Florida, don’t face the aftermath alone. Call (800) 320-HELP or submit a contact form to schedule a free consultation. Our team will navigate the legal process with you, handle documentation efficiently, and keep you informed.
Workers’ Compensation Laws in Florida
Workers’ compensation laws in Florida aim to provide benefits to employees who get hurt or sick because of their job.
Fault is Not a Factor in Florida Workers’ Compensation Claims
Florida law requires most employers to carry workers’ compensation insurance. This ensures injured employees receive medical care and financial compensation without needing to prove fault or negligence on the part of the employer.
Workers’ Compensation Benefits Partially Cover Injured Employee’s Expenses
The main types of Florida workers’ compensation benefits include:
- Medical benefits: These cover the costs to treat the injury.
- Wage replacement benefits: These give workers part of their normal pay when they can’t work to offset their lost wages.
There are different kinds of wage replacement for Florida workers:
- Temporary total disability
- Temporary partial disability
- Permanent impairment benefits
Florida Law Sets Notification Deadlines for Injured Workers and Their Employers
Employers must tell their insurance carrier about the injury within seven days of learning about it. Employees have to let their employer know about the injury within 30 days. Failing to report the injury could jeopardize the Florida workers’ compensation claim.
Injured Florida Workers Have Legal Recourse to Recover Compensation
Disputes over claims can be worked out through mediation or formal hearings with the Division of Administrative Hearings. Workers’ compensation benefits generally replace the right to sue the employer directly, except in cases of gross negligence or intentional harm.
How to File a Workers’ Compensation Claim in Florida
Navigating the workers’ compensation claim process in Florida can feel daunting, but breaking it down into clear steps can help:
- Report the injury: Notify your employer about the injury as soon as possible, ideally within 30 days to avoid jeopardizing your claim. Make sure the report includes details about how, when, and where the injury occurred.
- Seek medical attention: Your employer’s insurance carrier will likely designate an approved medical provider. Ensure you follow their guidelines for receiving treatment.
- Employer’s report: Your employer must report the injury to their insurance carrier within seven days of being informed. Confirm that this step is completed promptly.
- Complete necessary forms: The insurance company will provide you with forms to complete. Fill them out accurately and return them as instructed.
- Follow up: Stay in contact with your employer and the insurance company. Keep records of all communications, medical appointments, and treatments received.
- Attend required examinations: Be prepared to attend any additional medical evaluations requested by the insurance company.
- Stay informed: Regularly check on the status of your Florida workers’ compensation claim and ensure you comply with all requirements.
Understanding these steps can make the process smoother and help in securing the workers’ compensation benefits you’re entitled to.
Common Challenges in Workers’ Compensation Cases
Workers’ compensation cases often come with their own set of hurdles.
Convincing the Insurance Company You Deserve Workers’ Compensation Benefits
One common issue is dealing with insurance companies that might delay or deny claims for workers’ compensation benefits. Often, insurers will question the severity of the injury or its connection to the workplace, especially if a pre-existing condition is involved.
Another challenge can be insufficient or incomplete medical documentation, which can significantly impact the outcome of a workers’ compensation claim.
Abiding by Deadlines and Seeking Medical Care
Employees might also face difficulties if they fail to report their injury within the designated timeframe. This can cause an employer and their insurance carrier to doubt the validity of a workers’ compensation claim or deny it.
Additionally, injured workers who don’t follow prescribed medical treatments can encounter complications in their case for workers’ compensation benefits.
Understanding Your Rights and Options as an Injured Florida Employee
Additionally, managing all the paperwork littered with legal jargon can be overwhelming, particularly when an injured worker is trying to recover. Disputes over the type and extent of workers’ compensation benefits, especially regarding wage replacement and the level of disability, can further complicate matters.
Injured workers might also encounter resistance when seeking to return to work. Employees may face pushback from their employers about suitable job accommodations or disagreements over their capability to resume duties.
What a Florida Workers’ Compensation Attorney Can Do to Help Your Claim
When you have questions about Florida workers’ compensation, it’s important to get your information from a reputable and accurate source. At WHG, our Florida workers’ compensation attorneys strive to be that for injured employees and their families. We’re here to help you out with our expert know-how and resources.
Here’s what our Florida workers’ compensation lawyers can do for you:
- Help you file claims: We’ll walk you through filing step by step making sure all your papers are right and sent in on time.
- Stand up for you in court: If someone fights your workers’ compensation claim or says no, we’ll speak for you in talks and hearings to protect what’s yours.
- Get medical proof together: We’ll help you collect all your health records and reports to make your claim stronger.
- Handle communications: We’ll handle discussions with insurers and keep your workers’ comp case moving along.
- Making the most of your benefits: We strive to get you all the benefits you’re entitled to, including medical bills and pay for lost wages.
- Guidance and updates: We offer ongoing advice and keep you in the loop about your case status and any new developments.
- Handling appeals: If needed, we help you appeal rejected workers’ comp claims, boosting your chances of a favorable outcome.
Bring Your Case to the Florida Workers’ Compensation Lawyers of Werner, Hoffman, Greig & Garcia Today
If you’re facing the aftermath of a workplace injury and need legal support, don’t hesitate to reach out to our Florida workers’ compensation law firm. As Florida workers compensation lawyers, we have seen a variety of cases, so we understand what it takes to succeed.
Call us at (800) 320-4357 or fill out our online contact form to schedule a consultation. Let the experienced team at Werner, Hoffman, Greig & Garcia guide you through the workers’ compensation claims process and fight for the benefits you deserve.
