What is Workers’ Compensation Insurance?
In order to get through the workers’ compensation legal system, you should talk to a Florida workers’ comp attorney. This system was created to ensure that workers are properly protected if they have had on-the-job injuries. If you have been injured on a job in Florida, regardless of who is at fault, you are able to reap benefits from the workers’ compensation framework, even if you were the one that caused your own injuries. If you are in need of counsel from a Florida workers’ compensation lawyer about workers’ comp insurance, because you are involved in a workers’ comp case, we have a workers’ comp attorney that can answer your questions in more detail. Contact a personal injury lawyer that understands the workers’ compensation board, for a free consultation.
Are You Covered By Workman Comp Insurance?
Workers may be discouraged after an accident because they’re not sure that their employer offers workers’ comp coverage. Fortunately, with only a few exceptions, the majority of employers in Florida are covered by the workers’ compensation system. It’s required by Florida law that employers of any industry, with the exception of construction, must have workers’ compensation coverage, as long as the company has at least four employees. Employers in the construction industry are completely required to cover workers’ compensation if they have one or more employees, for each employee in need of it. In order to receive help, a Florida workers’ compensation lawyer can help.
What Should You Do If Injured At Work – Seeking Personal Injury Lawyers Is Not First
If you have been injured in an accident at work, there are certain things you should do. The first thing you should do is contact your employer before you talk to a workers’ comp lawyer. This incorporates talking to your immediate boss or supervisor in the office.
You can either make this notification is person or in writing. When you send a notification to your employer, you need ask them to complete a notice of injury ASAP, so that you can be sure that your claim makes it to the employer’s insurance carrier. In the case that you have been injured, you should also ensure that you look for medical treatment. As long as your company has access to an on-site doctor, go there.
If there isn’t an on-site doctor available, you should go to your own doctor. So that you cannot be easily challenged down the road, it is important to make sure that you receive medical attention as early as possible and that your injuries are reported. As soon as you have notified your manager and received medical attention, you should then contact a personal injury attorney that knows workers’ compensation in Florida to get advice.
How Long Do You Have To Report Your Work Injury To An Accident Lawyer That Handles Workers’ Compensation Laws?
After a work-related injury occurs, the worker should report their accident no later than 30 days after the accident has occurred. A failure in reporting your injury within the 30 day deadline may result in your claim being denied.
What Happens If Your Employer Won’t Report The Injury?
Your boss has obligations of their own that they must carry out after you have reported your accident. If your employer has refused to report your claim, you should contact the insurance carrier yourself and report the incident. The contact information for the insurance company should be posted somewhere in your business’s office along with any other workers’ comp insurance information. In the event that you do not have this information, you may either contact the workers comp Florida Employee Assistance and Ombudsman office, or a local St. Augustine Florida workers comp lawyer for assistance.
A Slip and Fall Attorney – A Car Accident Lawyer And A Medical Malpractice Attorney Have Different Roles
If you have been in a slip and fall injury, a car accident, or a malpractice injury, unless it is job related, you are not able to collect workers compensation. Many people claim that these were injuries that took place during work, even though it is obvious that they are not able to do so. Serious consequences can happen if an accident was misrepresented. However, in the event that the accident isn’t job related, but does involve negligence, you are advised to seek out the advice of a good accident lawyer that specializes in the proper area.
Is A Workers’ Compensation Claim The Same Thing As A Lawsuit?
This question can cause concern for a worker that has never had to deal with a workers’ comp claim in the past before. It seems like a lawsuit against your employer and a workers’ compensation claim are not any different, but this is not the case. A workers’ compensation claim is a claim against an insurance policy that your employer has purchased, it is not a lawsuit against your employer. A good workers’ compensation attorney can help you learn more about workers’ comp law and provide good insight.
Can You Go Beyond the Bureau of Workers’ Compensation and Sue?
What if you tried to file suit against your employer or coworker, instead of attempting a workers’ compensation claim, are you allowed to do this? No, you may not. In Florida, as well as, many other states, workers’ comp is known as exclusive remedy.A worker may not start a personal injury claim against his or her employer, even in the event that there was no workers’ compensation claim filed. There is only one exception to this rule and this is a third-party claim, which can in fact, be brought in court. For instance, in the event that a person from another company is visiting your company and they have injured you, you may file a civil lawsuit against that person, but not against your company.
A Worker Compensation Can Help Determine Fault
There are many other personal injury matters that operate differently compared to the workers’ compensation framework due to the fact that the workers’ comp framework operates on a no-fault basis. This goes on to mean that regardless of the employee’s fault or precise cause of an injury, the employee may still be able to receive workers’ compensation benefits. This is an advantage to employees, since this eliminates the need to blame your fellow coworkers or boss and it speeds up the process in the investigation, because the exact cause of the accident is not needed. This also protects employees if it is their fault, so that they won’t have to worry about being left with expensive medical bills.The fault of the employee is only taken into consideration according to the law, if the accident occurred due to an employee’s intoxication or an employee’s willful intent to harm themselves. If this is the case, then the workers’ comp claim can be denied. However, if the workers’ comp claim was denied and the employee is innocent, most definitely contact a St. Augustine Florida workers’ compensation attorney immediately.
What Benefits Can A Workers’ Comp Lawyer Offer?
First and foremost, an employer is required to ensure that all medical expenses related to a work-related injury is covered. Alongside medical expenses, workers are able to receive compensation for time off related to a workplace injury.This comes out to be 2/3 of your pre-injury average weekly wage. What’s even better is the fact that workers’ compensation is not taxable, meaning more of what you get can stay in your pocket. Since a good workers’ compensation attorney is very familiar with all of the aspects of the workers’ comp framework, you should consult a workers’ compensation attorney.
How Long Can You Receive Workers’ Compensation Benefits?
As long as a worker is either on a no work status or has light duty work restrictions then a Florida worker is allowed to continue receiving benefits.
What Happens If You Are Still Injured After 104 Weeks?
While an injured employee may receive benefits for up to 2 year’s worth, what do you do if you were injured severely and aren’t completely recovered within 2 years?If this is the case, you may be able to receive permanent disability benefits. If the individual has severe enough injuries, then the permanent total disability benefits can be pail up until the person is 75 years old.
Can You Choose Your Own Doctor?
Typically in workers’ compensation cases, an individual does not have the right to choose his or her own doctor, though there are some exceptions to this general rule. Most of the time this occurs since the insurance company will choose the doctor. You are able to, as the injured worker, to file a one-time change of doctor request. In the instance that the insurance company does not select a new doctor for you after five days, then you have the right to seek medical attention elsewhere with a doctor of your choice. To find out your options, seeking the advice of a Florida workers’ comp attorney is your best bet.
Workmans Comp Insurance – Timing
The overall time limit for filing a claim for benefits is technically two years. Though this can be different depending on the specific facts of your case. Sometimes life can get in the way and cause a delay in reporting the incident to your boss or in receiving medical attention, which can seriously undermine or even destroy your capability to bringing you a successful workers’ compensation claim for benefits. What this means, is that you should act as fast as you can in getting in touch with an experienced Florida workers’ compensation lawyer to start the workers’ comp claim process.
Can You Be Fired Because Of A Workers’ Comp Claim?
One of the most common concerns of an injured employee, is wondering if they’ll get fired or punished for coming forward with a workers’ compensation claim. Injured employees will be happy to know, that there is no reason for them to fear for being fired by filing a workers’ comp claim. In the event that this is a concern, the employee’s boss or workers’ comp lawyer needs to be educated on the workers’ comp insurance system and the way it works.
Bosses in Florida are not allowed to fire a worker based on them filing a claim with a personal injury lawyer for workers compensation insurance. In fact, if an employer does fire an employee for filing a workers’ compensation claim, they would face a serious civil liability charge. In other words, the employee would have the ability to sue their boss for wrongful termination and could have the potential of collecting damages as a result of a lawsuit.
If you have had a work-related injury in Florida, after you have notified your employer and sought medical attention, you should contact a Florida Workers’ Compensation Lawyer to arrange a free consultation to find out your next steps to help with your lost time from work.