A Winter Garden Workers’ Compensation lawyer will guide you through the legal system. It was designed to protect employees who have been victims of workplace injuries. In Florida, these benefits are provided to injured workers, regardless of fault, meaning an employee can collect the benefits of workers’ compensation regardless of whether he or she is responsible for the accident which led to their injuries.
If you’ve been involved in an injury at work and are in need of counsel from a Winter Garden personal injury lawyer about workers’ compensation insurance, we have an experienced workers’ compensation lawyer who will be able to answer your questions in greater details. A lawyer for workers compensation who is knowledgeable about the law can provide you with an initial consultation for free.
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Are You Covered by Workers’ Compensation Insurance?
Many workers are concerned that their employer doesn’t provide workers’ compensation insurance, leaving them unprotected should there be a catastrophic accident. Thankfully, except for some specific exceptions most employers in Florida are covered under the system of worker compensation.
The law stipulates that if your employer is operating in a different industry from construction and has more than four employees, either full or part-time, then the employer must have workmen’s compensation coverage. Employers who are in the construction sector need to be insured to protect each employee in need of workers’ compensation, if they have one or more employees. A Winter Garden workers’ compensation lawyer will be able to provide further information.
What Should You Do After a Winter Garden Workplace Accident?
There are a few steps to consider when you’ve been injured in an accident on the job. Before you speak with an attorney for workers’ compensation it is imperative to notify your employer promptly. This means informing your supervisor immediately, or any other official in the office.
You can notify your employer in person, via phone or by writing. You should notify your employer immediately and ask them to complete the injury notice. This will make sure that your claim is taken care of by your insurer.
It is important to seek medical attention If you’ve suffered an injury. If your employer has a doctor on the premises, go there. You may also see your own physician in the event that one is available at your company.
It is crucial that you seek medical treatment promptly to ensure that the severity of your injuries can be documented and cannot be overturned later. Once you’ve notified your employer about your injury and obtained medical attention, you must consult with an attorney who specializes in personal injury and is familiar with workplace disputes in Florida to get assistance.
Should a Work Injury be Reported Immediately?
Workers who have been injured at work should report the accident as soon as they can. But it shouldn’t be more than 30 days from the incident. Your claim could be denied if not notify your injury within the required time.
What Should You Do if the Employer Refuses to File a Workers Comp Report?
Apart from reporting the incident to your employer, the employer has their own obligations. Your employer should inform their carrier quickly to ensure the claim is dealt with quickly so that you can begin receiving your benefits quickly. If they are unable to declare the claim, you can contact the insurance carrier and report the accident yourself.
The workers’ compensation insurance information should be posted somewhere in the office, providing the contact information of 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 a local Winter Garden Florida workers compensation attorney to get assistance.
Are Workers’ Compensation Claims the Similar to Personal Injury Lawsuits?
This can be understandably complicated for people who haven’t dealt with claims for workers’ compensation prior to. Although it may seem like an employee’s compensation claim can be similar to a lawsuit against an employer, the truth is quite the opposite. A claim for compensation from a worker is not a lawsuit against your employer. It’s a claim against the policy that your employer purchased. An experienced Winter Garden workers’ compensation lawyer will help you understand more about workers ‘ compensation law.
Can You File a Personal Injury Lawsuit Instead of Filing a Workers Comp Claim?
What happens if you’d like to file suit against your employer or your coworker, instead of filing an insurance claim for workers’ compensation, is that allowed? Unfortunately, no. In Florida as well as other states, workers’ compensation is what’s known as an exclusive remedy. An employee cannot bring a personal injury case against their employer , even if they’ve submitted a workers’ comp claim.
The only exceptions include workplace injury claims that involve a third party. They can be brought to the court. If a visitor from another business enters your workplace and causes injury to the employee, you are able to make a civil claim against the other business however, not against your employer.
How is Fault Determined on A Workplace Accident?
The system of workers’ compensation is based on a no fault basis. This is quite unusual in comparison to other personal injury cases. Benefits from workers’ compensation are able to be paid regardless of who caused the injury. This is a great thing for workers. This eliminates the requirement to blame your boss or coworkers. It helps speed up the process since an investigation of the root of the accident doesn’t need to slow down.
It’s also a great benefit for employees, as they aren’t concerned about having to pay expensive medical bills if they are in the cause of the accident. The law says that the fault of an employee only matters if the employee’s injury was the result of drinking alcohol on the job or by intent to injure himself or himself.
This can result in the refusal of workers’ compensation. However, if the claim is denied and the victim is innocent, seek out a Winter Garden, Florida, workers compensation lawyer immediately.
Why Should You Hire a Winter Garden Workers’ Compensation Lawyer?
Employers must take care of medical expenses resulting from workplace injury. Additionally, workers can receive reimbursement for time off working due to injuries. This is paid at 2/3 of your weekly average wage before the accident.
Another benefit is that benefits from workers’ compensation are not tax deductible, meaning the majority of the money you receive is kept in your pocket. All of this is handled by a workers comp lawyer. Good workers comp lawyers should have a thorough understanding of the various aspects of’ compensation insurance.
How Long Can You Receive Workers’ Compensation Benefits?
Florida workers are able receiving wage loss compensation as long as they are not on any other work status. These workers can receive up to 104 weeks of benefits.
What Happens if You are Still Injured After 2 Years?
It’s wonderful to know that workers who are injured have the right to two years of compensation. But what happens if you’re seriously injured and can’t recuperate in two years? You could be eligible for permanent disability benefits in this case. Assuming the injuries are severe enough to warrant it, these permanent total disability benefits may be paid until the person reaches the age of 75.
Can You Choose Your Own Doctor?
Although there are exceptions to this general principle, workers’ comp cases do not usually allow the employees to pick their own doctor. The reason for this is that the majority of cases are resolved through the insurance provider.
As the injured person has a right to file a single change of physician request. If the insurance company is unable to select a new doctor for you to visit within five daysof your request, you will have the right to seek treatment with the doctor of your choice. For more information on your options, contact a Winter Garden Florida workers’ compensation lawyer.
Are There Deadlines for Filing a Workers Compensation Claim in Winter Garden?
The legal deadline to submit a claim to benefits under law is two years. However, this can depend on the specifics of your particular case. Also, even though a worker has two years to file a claim the fact is that any delay in reporting an accident to your employer or in seeking medical treatment could work to severely hinder or destroy your ability to bring a successful workers’ comp claim for benefits.
To begin the workers’ compensation claim process in Winter Garden and Florida, it is important to act quickly. Click here for more information about the statute of limitations in Florida for workers Compensation claims.
Can You be Fired After Filing a Workers Compensation Claim?
The injured workers are often worried about the possibility of their employer firing them in the event of filing a workers claims for compensation. There is no reason for people to be worried about being dismissed for filing a workers compensation claim. If this is a concern then either the workers’ compensation lawyer or the employer needs to be aware of the way the workers’ compensation insurance is designed to work.
Florida employers are not able to fire employees who’ve filed a workers compensation claim through a personal attorney. Employers may be held accountable for civil damages if they fire someone for having filed a workers’ compensation claim. If this happens, the employee would be able sue the employer for unfair termination and possibly collect damages from the lawsuit.