A workers comp lawyer Jacksonville FL will guide you through the legal system. The system was designed to safeguard workers who been injured on the job. In Florida, these benefits are available to injured workers, regardless of fault, meaning the worker can receive the benefits of workers compensation even if he or she was the cause of the accident that led to his or her injuries.
Accidents in the workplace are not uncommon, and when they cause severe injuries, the victim is likely to deal with excruciating pain, stress, lost wages, and uncertainty. Your job is what allows you to lead your life and when you are unable to work, all sorts of financial problems arise.
Fortunately, in Florida, you may be eligible for workers compensation if you get sick or fall ill while on duty. The law allows you to seek work comp benefits, vocational rehabilitation, or supplemental security income. However, there are situations where the injury may be due to the negligence of another party and they need to be held liable. Such incidents though can be hard to prove and this is where legal representation comes in handy.
Workers compensation laws in the state of Florida can be complex, and it becomes necessary to retain a workers compensation lawyer. These are trained legal professionals who know the employment and negligence law inside out, making them the best people to use to seek compensation.
At Florida Lawyers 360, we can help you seek the compensation you deserve through the expertise of our seasoned workers comp lawyer Jacksonville FL. We have years of experience in the field and have helped numerous victims secure maximum compensation.
Once you fall ill or sustain an injury while at work, you should first notify your employer or supervisor. This is required by law and it acts as a way to formally notify them of your injury and that you will be pursuing compensation. The next step is to hire a specialized Workers compensation lawyer to handle your case, for the outcome possible.
At Florida Lawyers 360, we use a client-centric approach that employs advanced technology and efficient systems to deliver top-tier results typically associated with larger firms. We foster a welcoming and empathetic environment that treats clients like family.
Our policies and procedures are designed to ensure unparalleled focus on every aspect of your claim, allowing us to provide exceptional attention to our clients. Our Florida attorneys blend compassion with an aggressive approach and possess the expertise and experience expected of a law firm. With a talent for negotiation and comprehensive knowledge of insurance companies’ tactics, we’ll fight to prevent the rejection, delay, or undervaluation of your claim.
If we cannot reach an agreement with the liable party, we will be prepared to take your case to court and fight for your rights. Fortunately, most insurance companies don’t like spending resources on court sessions and so, we will use our experience and that leverage to demand a favorable settlement on your behalf.
Workplace injuries can be life-altering and so, do not allow yourself to suffer because of another party. Call our Jacksonville law offices at [PHONE] to initiate your case and learn more about your legal option.
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What is Workers Compensation?
Workers compensation is a form of insurance that provides benefits to employees who are injured or become ill due to their work. This insurance is typically provided by the employer and covers medical expenses, lost wages, and other related costs. In return for receiving these benefits, the employee typically gives up their right to sue their employer for the injuries or illness suffered while on duty.
If you have fallen ill or injured at work and can’t get access to your benefits, you can seek help from a Workers compensation lawyer. They can either help with filing a claim or fighting a denial of your claim.
Does My Employer Require Workers Compensation Insurance?
Florida law mandates every employee in the following categories to have Workers comp insurance:
- Construction industry with one or more employees (working part-time or full-time)
- Non-construction industry with at least 4 workers (working part-time or full-time)
- Agriculture or farming industry with at least 6 regular workers
- Agriculture or farming industry with at least 12 seasonal workers present for at least 30 days.
It is important to note that these rules apply to public entities, private companies, employment agencies as well as governmental agencies.
Does My Employer Hold Workers Compensation Insurance?
While the law expects qualifying employers to hold Workers comp insurance, some fail to do so. To determine whether your employer has the coverage, go to the Division of Workers Comp Employee Assistance Office (EAO) website. They have a Proof of Coverage page where you can search your employer’s name and city and immediately get the results.
How Do You know if You are Covered by Workers Compensation Insurance?
As mentioned earlier, Florida law mandates that work-related illnesses and injuries be covered by Workers compensation. Examples of these include head, neck, shoulder back, and soft-tissue injuries that result from overexertion or repetitive movement.
Other injuries include bruises, sprains, cuts, strains, carpal tunnel syndrome, psychological disorders, hearing or vision loss, respiratory issues, strokes, lung cancer, and other conditions brought about by exposure to hazardous materials.
Additionally, the insurance also covers severe injuries like fractured or crushed bones, traumatic brain injuries, spinal cord injuries, and amputations. If a worker passes away due to a work-related illness or injury, their dependents also qualify for compensation benefits.
However, there are few exceptions in the coverage including accidents resulting from alcohol or drug consumption, horseplay, or failure to observe workplace rules.
If you have sustained an injury at the workplace, it is important to know whether you have a valid claim by consulting an experienced workers compensation lawyer. A great Workers compensation lawyer will evaluate your case and collect the necessary evidence to help you get maximum compensation. We offer a free initial no-obligation consultation, so do not hesitate to contact Florida Lawyers 360.
What Should You Do After a Work Injury in Jacksonville?
The steps that you take following a workplace injury are important in ensuring that you get the maximum amount of compensation. That being said, here are things that you should not skip:
Seek Medical Treatment
This one is a no-brainer but you need to seek medical attention following an injury. Do it as soon as possible so that you can increase your chances of full recovery. If the injury is not as severe, you can visit the company doctor, but if the accident was serious, it’s best to call emergency services. Seeking medical attention immediately will also help document all your injuries so that you are fairly compensated.
Notify Your Employer
Once you have received medical attention, the next step should be to notify your employer or supervisor. Keep in mind that in Florida, this should be done within 30 days. However, it is best to report the matter as soon as possible to protect others from being victims of the same incident.
Let your boss know how, where, and when the accident happened and give them details about the doctor who treated you. This will play a key role when it comes to filing a Workers compensation claim.
You will also want to keep a written record of your experience. Take photos and videos of your injuries and the scene of the accident. This will help create a solid case and increase the chances of maximum compensation.
How Soon Should I Report a Work Injury?
Injured workers need to declare the accident at work whenever possible However, it is recommended to do so not later than 30 days from the time the accident occurs. The claim may be denied if not notify your injury within the time frame required.
What Happens if the Employer Doesn’t Report a Work Injury?
In addition to reporting the incident to your employer, the employer has their own obligations. To ensure that your claim gets handled quickly and you receive your benefits as quickly as is possible, your employer must quickly inform their insurance provider. You can also contact your insurance company to report the accident if they refuse.
The workers comp insurance information must be posted within the office, containing information on how to contact the insurance company. If it is not, contact the workers compensation Florida, Employee Assistance and Ombudsman Office, for help in finding the information. Or further, call an attorney in the local area. Contact a workers comp lawyer Jacksonville FL to get assistance.
What is the Process of Filing a Workers Comp Claim in Florida?
Following an injury while on duty, you are required to file a Workers compensation claim and it involves a few specific steps. Do the following in order to improve your chances of compensation.
- Write all the details of the accident and collect any relevant evidence. This can include photos, videos, and witness statements.
- Seek medical attention immediately
- Notify your supervisor or employer so that they can file a claim with the insurance provider
- Follow up with the insurance carrier to make sure the claim has been filed. This will help hasten the procedure.
- Keep track of everything related to the incident, including doctor’s notes, medical bills, etc.
- Do not admit fault. Also, avoid providing statements without the help of a workers comp lawyer Jacksonville FL.
- Consider negotiations with the insurance carrier with the help of your workers compensation lawyer.
- If necessary, file a petition
- If your claim is denied, appeal!
What is the Role of an Employer in the Workers Comp Process?
Your employer is tasked with several responsibilities including the following:
- Respect the rights of their employees
- Provide a safe working environment
- File the first report of injury or illness
- Cooperate with the investigating parties
- Cooperate with Florida’s Workers comp board
- Allow recovered workers to resume their duties
What are Your Rights Following a Workplace Injury?
- Follow the safety protocol provided by the employer
- Report any accident immediately to the supervisor or employer
- File a claim with the Board of Workers Comp
- Agree to any reasonable treatment provided by the company’s physician or a doctor authorized by the company.
What Should You Do if Your Claim is Denied?
When your workplace injury claim has been denied, it means that the employer or insurance carrier does not think it is valid or your injuries do not fall under the covered category. However, you have the right to make an appeal, but it’s advisable to do so fast due to the deadlines involved.
When it comes to a claim denial appeal, it is important that you have the best legal representation for the best chances of winning. Florida Lawyers 360 has seasoned workers compensation lawyers who can help streamline the process whether your case is in Jacksonville or surrounding areas.
Is an Independent Contractor Allowed to File a Workers Compensation Claim in FL?
Florida law does not allow individuals operating as independent contractors to seek Workers compensation benefits. However, there is an exception when they work or provide their services in the construction industry.
Are Workers Compensation Claims the Same as Lawsuits?
This may be quite confusing for workers who have never dealt with the issue of workers compensation prior to. Although it might seem as though a worker’s compensation claim is similar to a lawsuit against your employer, the reality is quite different. The worker’s comp claim isn’t a lawsuit against your employer. It is instead a claim against the insurance policy your employer purchased. A good workers comp lawyer Jacksonville FL can help you learn more about the laws governing workers compensation.
What are the Different Types of Workers Comp Benefits in FL?
In Florida, eligible workers can access two forms of benefits if they sustain injuries while at work. These are known as medical benefits and wage benefits, which are also called disability benefits.
Medical benefits are designed to cover medical expenses resulting from an injury or illness and may include doctor appointments, hospital stays, medical supplies, surgeries, physical therapy, prosthetics, prescription medication, as well as travel expenses to the doctor.
In order to get medical benefits, you are required to visit a practitioner who has been approved by your employer. Also, you are eligible for these benefits until the doctor says you have reached the best you can improve, often referred to as ‘’Maximum Medical Improvement’’. While you can still receive some benefits after this stage, you may have to cover some costs yourself.
The second type, wage replacement benefits are designed for individuals who are no longer able to work due to an illness or injury sustained at work. In the state of Florida, you can get both wage and medical benefits if you are unable to work for at least 7 days. You begin to receive these benefits on the 8th day, or on the day you sustained the injury if you cannot work for at least 21 days.
You may qualify for partial or full wage replacement benefits and they can either be permanent or partial. If you can work to some extent, but not like before, you qualify for the partial type, but if you cannot work at all, then you receive full wage replacement benefits. These are paid until you’re 75 years old, or for 5 years if you sustained an injury over the age of 70. Temporary benefits, on the other hand, are paid until you reach maximum medical improvement.
It is also important to note that you may be eligible for 4 types of wage replacement benefits in Florida. These include:
Permanent Total Disability (PTD)
This applies when you are unable to work and will never be able to do so again. Here, you are awarded full wage replacement benefits until you reach 75 years of age.
Temporary Total Disability (TTD)
This applies when you are unable to work at all due to an injury or condition. You are eligible for full wage replacement benefits until you hit maximum medical improvement.
Temporary Partial Disability (TPD)
This applies when you are able to work, but not like before. You are awarded partial wage replacement benefits until you reach maximum medical improvement.
This applies when you have sustained a permanent injury, but you’re still able to work. In such a situation, you receive a one-time payment designed to cover the expenses arising from the injury.
It is crucial to know what kind of benefits you qualify for following an injury or illness while at work. A reputable Workers compensation lawyer can help you comprehend your options and ensure your rights are protected.
Can You File a Personal Injury Lawsuit Instead of a Workers Compensation Claim?
Do you have the option of suing your coworker or employer instead of filing a worker compensation claim? Unfortunately, no. Workers compensation in Florida and other states is often referred to as an exclusive remedy. This means that employees are not able to file any personal injury lawsuit against his employer even if there is no workers comp claims are made.
The only exception is claims for workplace injuries that involve the third party. These can still be brought in court. If, for instance, a visitor from another company who came into your place of business and injures you, you could bring a civil lawsuit against that individual, but not against your company.
What is the Process of Determining Fault on a Workers Compensation Claim?
In contrast to other personal injury cases that are dealt with, the workers compensation system is somewhat strange in that it operates on a no-fault basis. Workers compensation benefits are able to be paid regardless of who is responsible for the accident. This can be a great benefit for employees, removing the need to put the blame to your employer or colleagues and speeding the process along since an investigation into the exact cause of the accident need not slow the process.
This is also a good benefit for employees, as they don’t have the worry of having to pay costly medical bills even if they were responsible for the incident. The law stipulates that the employee’s responsibility is only relevant if the injuries were caused by any form of intoxication at work or intent to harm him or himself. In such cases the workers compensation claim is able to be denied. If, however, you are denied the claim and the victim is innocent certainly get in touch with a Jacksonville workers compensation lawyer in Jacksonville, FL as soon as you can.
How Can a Jacksonville Workers Comp Attorney Help Me?
Following an injury at the workplace, you should seek compensation from your employer. Unfortunately, the claims process is not always easy and there might be intricacies that make it challenging to secure what you deserve.
Fortunately, the team at Florida Lawyers 360 is readily available to help you through the process and secure maximum compensation. We will evaluate your case, collect the necessary evidence, handle the paperwork, negotiate with the insurance company, and even represent you in court if it comes to that.
How Much Will a Jacksonville Workers Compensation Lawyer Cost Me?
This is usually one of the biggest concerns of our clients, as they don’t know if they will get compensated. Well, you do not have to worry because all reputable attorneys in the field of law operate on a contingency basis. This means they will only get paid if they are successful in your case. It’s usually a no-win no pay arrangement, and so, you do not have to fret about making upfront payments.
How Long Do You Receive Workers Comp Benefits in Florida?
In Florida workers are permitted to continue to receive pay loss benefits as long as they’re either on a no-work status or have limited work requirements for light duty in place , with no light duty alternatives offered by your employer. They can get up to 104 weeks worth of benefits.
What Happens if You’re Still Injured after 104 Weeks?
While it’s great to know that injured employees can expect to receive 2 years’ worth of benefits But what happens if suffered a serious injury and haven’t completely recovered within two years? You may be eligible to receive permanent disability benefits in this case. Assuming the injuries are severe enough to justify it, these total disability benefits will be payable until the age of 75.
Can You Choose Your Own Doctor?
There are a few exceptions to the general rule, however, the general rule is that the person doesn’t have the option of choosing his or her own doctor in a workers compensation case. This is due to the fact that in the majority of instances the insurance company will pick the doctor.
That being said, as the injured person, you do have a right to file a once-only change of doctor request. If your insurance company does not select a new doctor for you within five business days, you can pursue treatment with a doctor of your choice. Get the advice of a Jacksonville Florida workers compensation attorney to seek their suggestions on what options you have.
Are There Time Limits for Filing a Workers Comp Claim?
The time limit to submit a claim for benefits is technically two years. However, it can vary on the specifics of your particular case. Even though workers have two years in which to file a claim however, any delay in reporting an accident to their employer, or seeking treatment can severely limit or even decrease your chance of claiming benefits.
Therefore, it’s imperative to be quick to get in touch with a qualified Jacksonville Florida workers compensation attorney to initiate the claim process. For more information on the time limit for claims for workers compensation in Florida visit this page.
Can You be Fired for Filing a Workers Comp Claim?
Injured workers often worry that their employer may fire them in the event of filing a workers comp claim. There’s absolutely no reason for employees to fear being dismissed for filing a workers claims for compensation. If this is an issue, then either the workers compensation lawyer or the employer needs to be taught about how workers compensation insurance should be used.
Florida employers cannot fire workers who have filed a worker’ compensation claim using an attorney who is personal to them. Employers may be held accountable for civil damages in the event that they fire someone who is filing a workers comp claim. The worker could sue the employer to be fired in a wrongful manner, seeking damages.
Can I Sue My Employer?
The only viable option to seek settlement for a work-related injury is through Workers compensation. So, unless the employer caused the injury knowingly, then they cannot sue you. However, if there was a third party involved in the accident, you have the option to file a personal injury claim against them. Again, a good workers compensation lawyer will be able to provide solid advice on how to proceed.
What is My Claim Worth?
Figuring out how much you deserve is one of the trickiest aspects of a work-related injury. With the help of a Jacksonville workers comepensation lawyer, however, this process can become easier.
Some of the benefits you may be entitled to include coverage for your medical expenses, rehabilitation costs, prescription medication costs, and travel expenses related to the injury. You may also get income loss replacement, which helps cover lost wages while you were not able to work. You can also be eligible for permanent partial disability benefits if the injury or illness was severe enough.
Hire the Best Workers Comp Lawyer Jacksonville FL!
If you have been hurt or fallen ill while working in Jacksonville, FL, you may be eligible for compensation under Workers comp insurance. However, the process can be tricky for many as legal knowledge is required to ensure fair compensation. That’s why you need the best workers compensation lawyers in town and Florida Lawyers 360 is here to help. Call our offices at [PHONE] to get started!