If you are considering filing a workers’ compensation claim but aren’t familiar with all the procedures, a skilled Kissimmee workers’ compensation lawyer at Florida Lawyers 360 can guide you through the process. We can also help you appeal a denial or defend your rights if you’ve been illegally fired for filing a workers’ compensation claim.
We understand Worker’s Compensation laws and procedures for Florida. We will aggressively fight to ensure you receive the benefits you’re entitled to. Call us at (954) 448-7355 or contact us online to schedule a free consultation with a Kissimmee personal injury attorney.
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What Exactly Is Workers Compensation?
If you are an employee, you will likely be covered by Worker’s Compensation insurance. It is designed to compensate employees for workplace injuries and protect employers from being sued. If an employee is injured on the job, or if they get sick as a result of activities or the environment at the job, they can file a worker’s compensation claim.
When you’re injured and unable to work, it can be financially devastating. That’s why workers’ compensation will cover ongoing medical costs, lost wages, and even ongoing care if they are severely injured. It will cover the cost of the funeral if there is a death.
Examples of What Worker’s Compensation Will Not Cover
Workers’ compensation doesn’t cover injuries from fights between employees or cases where employees intentionally harm themselves. If a worker is hurt because he or she was intoxicated, this would not be covered either. Workers’ compensation only deals with physical injuries, not mental harm. Our lawyers are familiar with what’s not covered by workers’ compensation.
An individual that does not understand worker’s compensation laws would not be able to adequately defend themselves if an employer wrongfully accuses them of something that would invalidate their claim. That’s why contacting a local Florida attorney would be in your best interest if you ever find yourself in this type of situation.
What Should You Do If You Are Hurt on the Job?
There are certain procedures and protocols that must be followed in order to do receive benefits. Initially, you must tell the employer that you have been hurt. You need to report the injury within 30 days.
You will receive treatment from a medical provider authorized by your employer or the insurance company. It is important to keep a written record of everything that has happened to you including symptoms and injuries. Take photographs of your injury, if it is visible, so this can be used as evidence that can be presented in court. Finally, it is important to file a workers compensation claim with a workers compensation attorney.
What Will Happen if There Is an Emergency Situation?
There are situations where your employer will not be accessible at the exact time that the injury occurred. They may not be able to make the necessary phone calls or drive you to the emergency room because of your injuries. If this does happen, this is not negligence on the part of the employer. They simply need to be alerted, as quickly as possible, of what has happened. You can often rely upon other workers, managers, or foreman’s at your job to help get you immediate medical attention.
What Occurs After the Insurance Company Is Notified?
It is very common for insurance claims to be addressed by Worker’s Compensation within 24 hours once the claim has been officially filed. They are going to call to initially explain what your rights are, and what your responsibilities will be, as you go through this process.
It is important to not miss this call, and if you do, you need to contact them as soon as possible. You will also receive, by regular mail, information or a brochure regarding your rights, what steps you should take, and what your responsibilities are after filing the claim. This is typically provided by the Employee Assistance Office Division of the Division of Workers Compensation.
Overview Of Worker’s Compensation Doctors
These are doctors that are officially chosen by your business, as well as by Worker’s Compensation, to act on their behalf as the medical professional that will address workers comp issues. You need to be as truthful as possible regarding what led up to the injury. Any questions regarding your medical history, and any conditions that you may have right now, must also be presented during your initial meeting.
It is vitally important that you convey that this happened on the job and that the injury was as a result of working at your facility. If you have done all of this, and you are still facing problems from your employer, it is then that you will certainly want to contact a Worker’s Compensation lawyer in Florida that can help you out.
Reasons to Hire a Workers Compensation Attorney
There are three reasons why you should hire a workers’ compensation attorney prior to doing any of this paperwork on your own. First of all, hiring one of these attorneys is not as expensive as you would imagine, something that often prevents people from even considering this option. Prior to accepting your case, you will talk with this attorney who can then determine if you have a case or not. At the very least, you are hiring an attorney in Florida to protect your rights, some of which you may not even be aware of.
What Should I Do If My Workers Compensation Claim Is Denied in Florida?
The initial step, prior to contacting an attorney, is to first meet with your employer’s insurance company, and your employer, to see if there is an issue that can be corrected so that it will be approved. If not, you will then want to contact the EAO to get further input on what you should do next.
Can I Be Fired For Claiming a Workers Comp Claim?
In general, an employer cannot simply retaliate against an employee by firing them if they have filed for workers comp. That’s why, if this does occur, you should hire an attorney that can resolve this issue for you as soon as possible.
What Is The Statute Of Limitations for a Workers Compensation Claim In Florida?
You have up until two years from the exact date in which the injury occurred to file your claim. If you do not, your petition for benefits can be banned forever.
Is It Possible to Sue Your Employer for a Workplace Injury?
If you are injured on the job, you generally cannot sue your employer. However, you can also receive benefits even if your actions contributed to the accident, such as if you were distracted.
Can an Independent Contractor File a Workers Comp Claim in Florida?
Independent contractors cannot file for workers’ compensation in Florida. The only instance where an independent worker can seek workers’ compensation according to section 440.02(15)(c)3) of Florida Statutes is if they work or perform services in the construction industry.
What Will Workers Comp Pay for in Florida?
In the state of Florida, any medical costs will be paid by Worker’s Compensation if it is a work-related injury. Additionally, you must continue to follow the doctor’s recommendations in regard to prescribing treatments for you to be eligible for that money. Additionally, your expenses for traveling to different doctor’s appointments will also be covered along with prescription medications. This can also include rehabilitation costs and the cost of lost wages.
In Florida, for example, the average weekly wage that you will receive will be roughly 2/3 of how much you typically make, with a maximum of nearly $600 per week. The only other amount that will be paid is if you are designated by the authorized treating physician for permanent partial disability, as long as this falls within the guidelines of the American Medical Association.
Review Your Claim With Our Kissimmee Workers’ Compensation Lawyer
If you have recently been fired by your employer as a result of filing a workers’ compensation claim, you will certainly need to contact a Florida workers’ compensation law firm. Even if you have questions regarding what you should do next after your injury, speaking with a Worker’s Compensation lawyer would be the best approach. If you have any questions at all, contact Florida Lawyers 360.