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What is Workers’ Compensation Insurance?
A Florida workers’ compensation lawyer can help assist you through the workers’ comp legal system. The system is used solely to protect employees who have been a victim of an on-the-job injury. In the case that a worker has been injured on the job, regardless of who is at fault, the Florida workers’ compensation framework allows injured employees to receive benefits, even if the worker is at fault. In the event that you have been injured at work and are in need of a workers’ comp lawyer within Florida, we have a workers’ compensation attorney that can help answer any questions you may have in depth. Get a free consultation from a personal injury attorney that is familiar with the workers compensation board.
Are You Covered By Workman Comp Insurance?
Employees may worry that their boss may not have workers’ compensation coverage, leaving them without any help after a serious accident. Fortunately, with only a few exceptions, the majority of employers in Florida are covered by the workers’ compensation system. Floridian law states that if an employer in any kind of industry, except for construction, has at least four or more employees, whether full or part-time, the employer is required to have workers’ compensation coverage. 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
In the case that you have been in an accident at work, it’s important that you take a few steps. It’s important that you first notify your employer, even before you get in touch with a workers’ comp attorney. This incorporates talking to your immediate boss or supervisor in the office. You can notify your boss in person, orally or in writing. Once you have notified your employer of your work related injury, you should make sure to ask them to complete a notice of injury as soon as possible; this ensures that your claim makes it to the employer’s insurance carrier. You should also seek medical treatment if you have been injured. As long as your company has access to an on-site doctor, go there.
You should go to your doctor, if you there isn’t. It’s very important that your receive medical attention earlier, rather than later, so that your injuries can be recorded down and not as easily challenged down the road. 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. In the event that your injury was not reported within 30 days, your claim could be at risk of 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 workers’ compensation insurance information should be posted somewhere in your company’s office, along with the contact info to the insurance company. If you cannot find this information, you may call the workers’ compensation Florida, Employee Assistance and Ombudsman Office, to help find this info, or you may of course contact a local Daytona Beach Florida workers’ compensation attorney for assistance.
A Slip and Fall Attorney – A Car Accident Lawyer And A Medical Malpractice Attorney Have Different Roles
You cannot collect workers comp for a slip and fall injury, an auto accident, or a malpractice injury unless it was work related. No matter how obvious this seems, it is surprising how many people actually claim that they had an injury during work. There can be serious penalties in the case of a misrepresented accident. You are advised to speak to an accident attorney that specializes in the proper area if you had a non-work related accident that involved negligence.
Is A Workers’ Compensation Claim The Same Thing As A Lawsuit?
If you have not had to deal with a workers’ comp claim in the past before, you may be understandably confused. 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’ comp claim is different than a lawsuit, because a workers’ comp claim is a claim against the insurance policy that your employer has bought. 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?
After an accident, you may want to file a law suit against an employer or coworker, are you allowed to do that? Unfortunately, you may not. In Florida, as well as, many other states, workers’ comp is known as exclusive remedy. Even if no workers’ compensation claim is made, an employee is not able to file a personal injury claim against his or her employer. However, if the claim is third-party related, then the workplace injury can be settled in court as a personal injury claim. If someone from another business enters your place of business and injures you, you are then able to file a civil lawsuit against that individual, just not against your own company.
A Worker Compensation Can Help Determine Fault
While many personal injury claims act on a cause and effect basis, the workers’ compensation framework is strange in the way that it operates on a no-fault basis. This means that an employee can still receive workers’ comp benefits, regardless of the worker’s fault or the exact cause of the injury. Due to the fact that this means the employee does not have to pin the blame of the incident on their boss or fellow coworker and the investigation is sped up, since the exact cause of the accident is not needed, this proves to be beneficial for the employee. It’s also beneficial since employees do not have to worry about expensive medical bills piling up if they are the reason behind the accident. The law states that an employee’s fault is only important if the employee was intoxication on the job or willfully harmed him or herself. If this is the case, then the workers’ comp claim can be denied. If the claim is denied and the worker was innocent, then without a delay, you should consult a Daytona Beach Florida workers’ comp attorney.
What Benefits Can A Workers’ Comp Lawyer Offer?
For starters, an employer must cover any and all medical expenses that are related to your work-related injury. Along with these expenses, employees may receive compensation for the amount of time off work that was due to these injuries. This comes out to be 2/3 of your pre-injury average weekly wage. Additionally, since workers’ compensation benefits are non-taxable, you will get to put more in your pocket. A workers’ comp lawyer can also help you with any of this, because any good workers’ comp lawyer knows ALL aspects of the workers’ comp insurance system.
How Long Can You Receive Workers’ Compensation Benefits?
In the state of Florida, an employee may continue receiving workers’ comp benefits as long as they are on light duty work restrictions or on a no work status.
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 a person’s injuries are bad enough, then these permanent total disability benefits are able to be paid until the person reaches age 75.
Can You Choose Your Own Doctor?
Usually an injured worker does not have the right to choose his or her own doctor within a workers’ compensation case, though some exceptions to the rule apply.This happens to be the case because the insurance company chooses the doctor. While this is the case, you do have the right as an injured employee, 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
Technically speaking, the time limit for filing a claim for benefits is two years. Though this can be different depending on the specific facts of your case. Furthermore, even in the event that a worker has two years to file a claim, real life can cause delays in a report of an accident to your employer or even in finding medical attention, which can undermine or in some cases, destroy your ability to have a successful workers’ compensation benefits claim. As a result, it is extremely important that you begin the claim process as soon as possible by contacting a well experienced Florida workers’ compensation attorney.
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. It’s great to know that a worker may not be fired for bringing forward a workers’ compensation claim. If this happens to be an actual issue, then the workers’ compensation personal injury attorney or the employee’s boss needs to be educated on the workers’ comp insurance framework.
Florida employers are not able to fire employees because they filed a claim with a personal injury lawyer for workers comp insurance. In fact, if an employer does fire an employee for filing a workers’ compensation claim, they would face a serious civil liability charge. If you have been terminated for filing a claim, you have the right to sue your employer for wrongful termination, as well as potentially being able to collect damages as a result of the lawsuit.
If you have had a work-related accident, you should notify your employer, seek medical attention, and then contact a Florida Workers’ Comp Lawyer to ensure that you don’t lose any more time at work and find out what to do next with a free consultation.