Florida State Law grants every employee, whether in the field or office, the right for compensation for injuries sustained at work. Melbourne workers’ compensation lawyers can help ensure these laws are abided.
While most employers will have safety measures in place, accidents can happen unexpectedly, and some of the injuries can be severe. The injured employee’s performance can be affected, and so can other aspects of their lives.
How can workers ensure that they get back on their feet after going through such an incident? That is where a Melbourne workers’ compensation lawyer becomes an essential provision, safeguarding the employees’ interests when involved in a work-related accident.
While workers have a right to be compensated for injuries sustained when working, not all employers uphold this law. If you live and work in Melbourne, Florida, and seek assistance in handling such an issue, we at Florida Lawyers 360 can help.
We have highly accomplished and dedicated Melbourne workers’ compensation lawyers that will fight for your rights and interests. Call our law offices in Melbourne today at (786) 249-7999 to speak to a lawyer and find out more about how we can help.
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What Is Workers’ Compensation?
Workers’ compensation is purposefully designed to protect and uphold the employees’ financial security when injured when working. It is a system covering different expenses or losses, including treatment/medical costs, therapy and recovery expenses, and lost income during the treatment and recovery period, among other damages.
Some of the benefits occasioned by the compensation program include:
Pre-injury wages, starting at $20 weekly if a worker sustains physical disabilities. They are valid benefits as soon as the employee cannot resume work to earn a living after the accident.
If you are injured when on duty, your lawyer can also ensure that permanent disability benefits, including treatment, physical therapy, prescription costs, medical benefits, and rehab benefits, are included in the settlement.
Temporary total disability benefits depending on the doctor’s diagnosis that determine the employee should have some time off work for treatment and recovery. The benefits cease once the doctor determines the chances or improvement (recovery) are slim even when the worker is undergoing the maximum medical care.
Every state has different laws regarding workers’ compensation. As such, the rules in one state might not apply in another. Therefore, the possible benefits awarded from a compensation claim case might not be the same. Navigating such an issue necessitates working with an experienced workers’ compensation attorney.
Your Melbourne workers’ compensation lawyer will help you understand Florida State laws to know what to expect as you fight for your rights as an employee seeking compensation for injuries sustained in an accident while on duty.
What Should I Do If I Am Injured On The Job?
The steps you take towards protecting your rights to compensation after a work-related accident play a significant role in your chances of getting the maximum benefits. Below are some of the things that our Melbourne workers’ compensation lawyers at Florida Lawyers 360 always advise people to do when hurt when working in the office or field:
Notify Your Superiors
When injured when at the office or field, you should inform your supervisor, manager, administrative official, or employer. You are legally entitled to notify them and ensure the accident is properly documented and the records kept safe for future reference.
Seek Medical Attention
You should go to the hospital and get checked to ensure your injuries are not fatal or can adversely affect your way of life. Your doctor will examine you and create a comprehensive medical report detailing the nature of your injuries, required treatment, and potential recovery process. It would help if you asked for a copy of the doctor’s report to use when filing your compensation claim.
Take Photos Of Visible Injuries
It would help if you used your phone to take photographs of any evident or noticeable injuries you sustained in the accident. You can ask a workmate to help you do this if you cannot. The images should be clear, detail where and how you are hurt and where the incident happened. Your lawyer will use this as proof to support your claim.
File A Workers’ Compensation Claim
Lastly, it would be best to make adequate plans to pursue a lawsuit seeking compensation for your injuries. You should consider enlisting an experienced Melbourne workers’ compensation lawyer’s expertise if you want to get the maximum benefits in your claim.
Why Should I Hire A Melbourne Workers’ Compensation Lawyer?
Having to battle your employer and the insurance provider to ensure you receive the benefits you are legally entitled to when injured on the job, all the while undergoing treatment or recovering, can be daunting. You should not have to endure such hardships when there are law professionals in Florida that can help.
When you come to Florida Lawyers 360 to help you, you will find experienced workers’ compensation attorneys that will be committed to fighting for your rights and interests. You will not have to worry about the legal aspects of the fight because we shall represent you, allowing you to focus on treatment and getting better.
Your lawyer will oversee all the negotiations when your employer accepts to handle the case out of court. We highly advise you against talking or communicating with the insurers without your attorney present. We shall strive to ensure you receive a fair settlement.
And if the negotiations fail, we will take the matter to court, putting forth a strong case that will make the outcome swing in your favor. Therefore, call us today at (786) 249-7999 to know more about how we can help.
How Much Does It Cost To Hire A Melbourne Workers’ Compensation Lawyer?
You need not worry much about hiring a Melbourne workers’ compensation lawyer when you decide to hire us. We shall schedule a free consultation and case evaluation to determine if it is worth pursuing and what you can expect.
We will then handle the matter on a contingency fee basis, which will be what you pay us after helping you win your compensation case. The fee will be a small percentage of the winnings, which we shall inform you about before taking further actions in representing you.
What Should I Do If My Workers’ Compensation Claim Is Denied?
Different factors might be at play if your workers’ compensation claim is denied. However, you should do what you can to find out why it was denied and if you can appeal the decision. Therefore, below are the two actions to take:
Find out why your employer or their insurance provider denied your claim. They should clarify the merits of such a decision and present the same in writing. The reasons can vary, including some unintended technical errors when pursuing the claim.
If you find no legal grounds for the denial, you can appeal the decision. This is one reason for working closely with an experienced workers’ compensation attorney, which is necessary if you want to succeed in your legal endeavor and ensure your claim is not rejected again.
Can I Be Fired For Claiming A Workers’ Compensation Claim?
According to Florida State laws, every worker is entitled to file a workers’ compensation claim when injured on the job. As such, your employer should not, and is legally prohibited, from firing you after filing the claim. That means you can sue them if they fire you for taking such an action.
At Florida Lawyers 360, a Melbourne workers’ compensation lawyer will note such conduct and consider it as we pursue the maximum settlement you rightly deserve for your work-related injuries.
Is There A Time Limit To File A Workers’ Compensation Claim In Melbourne, FL?
Florida State law has a statute of limitations for filing a workers’ compensation claim, a two-year period from the date the accident occurred. Therefore, the sooner you come to us to help start the legal process, the sooner a Melbourne workers’ compensation lawyer can file your claim.
Can I Sue My Employer?
While the grounds for suing your employer for the accident are complicated and differ, you must have enough factors that merit taking such an action. Nevertheless, you might be eligible to sue your employer if they fired you because of filing a workers’ compensation claim for the injuries you stained on the job.
Can I File A Workers’ Compensation Claim As An Independent Contractor?
Section 440.02(15)(c)3) of the Florida State laws bars independent contractors from filing a workers’ compensation claim since they are indirectly under their payers’ employ. Talk to your Melbourne workers’ compensation lawyer to find out your rights.
What Is My Melbourne Workers’ Compensation Claim Worth?
The benefits you are entitled to from your workers’ compensation claim can differ, being more or less depending on prevailing factors. Some of the things that your Melbourne workers’ ,compensation lawyer will consider include the severity of the injuries and their impact on your health and way of life.
That means that the settlement you are awarded will cover the following:
- Your treatment and medical bills, with some instances stipulating that you do this under a specified or authorized physician.
- Any rehabilitation expenses incurred during your recovery process.
- A percentage of your lost wages.
- The costs of the prescription medication you are using or will use in the long-term.
- Any travel expenses incurred as you seek treatment or go for physical therapy and rehab.
- May include income loss replacement benefit. It mostly is two-thirds of your average weekly income, often capped off at $575.
- PPD (Permanent Partial Disability) benefit as stipulated in the American Medical Association Guidelines, which is additional money awarded based on a disability rating authorized by the treating physician.
Call Our Law Offices In Melbourne, FL To Know More
According to Florida State laws, you are entitled to seek compensation for injuries you sustained when working. Therefore, do not fear pursuing a workers’ compensation claim thinking that you risk losing your job.
Call Florida Lawyers 360 if you need assistance with this issue.
Our experienced Melbourne workers’ compensation lawyers in Florida, are ready to listen to you, schedule a free case review, and advise you on the best way forward. Call us today at (786) 294-7999 and find out how we can help.