What is Workers’ Compensation Insurance?
A Florida workers’ comp lawyer can guide 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. 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. Get a free consultation from a personal injury attorney that is familiar with the workers compensation board.
Are You Covered By Workman Comp Insurance?
Some employees may be worried that their company does not offer workers’ compensation coverage, causing the injured employee to have nothing after a serious accident. For the most part, Florida employers have workers’ compensation benefits available to their workers with only a few exceptions. 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. To receive more information, contact a Florida workers’ comp lawyer.
What Should You Do If Injured At Work – Seeking Personal Injury Lawyers Is Not First
After you’ve been injured in a work related accident there are a few things you must do. The first thing you should do is contact your employer before you talk to a workers’ comp lawyer. It’s important to talk to your supervisor or boss in the office.
This can be notified in person, vocally, 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.
In the event that you’ve been injured, you should seek medical assistance. If you are fortunate that your business has an on-site doctor, you should go there. You should go to your doctor, if you there isn’t. 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. After you have talked to your boss and gotten medical treatment, make sure that you consult a personal injury attorney familiar with workers’ compensation in Florida, so that you can get the proper advice you need.
How Long Do You Have To Report Your Work Injury To An Accident Lawyer That Handles Workers’ Compensation Laws?
In order to ensure that the worker may receive workers’ compensation, the injured worker should report their accident no later than 30 days from the date that the accident happened. If you do not report your work-related injury within 30 days, your claim may be 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. In the case that your employer refuses to report the accident, you may contact the insurance company and report it yourself. The workers’ compensation insurance information should be posted somewhere in your company’s office, along with the contact info to the insurance company. 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 Jacksonville Florida workers comp lawyer for assistance.
A Slip and Fall Attorney – A Car Accident Lawyer And A Medical Malpractice Attorney Have Different Roles
Unless a slip and fall injury, a automobile accident, or a malpractice injury is work related, you may not 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. There can be serious penalties in the case of a misrepresented accident. In some cases, you may have had an accident that was not work related, but did have to do with negligence. If this is the case, you should consult the proper accident attorney specializing in that area.
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. While it sounds like it would make sense that a workers’ compensation claim is the same as a lawsuit, there is a huge difference. 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 workers’ comp attorney can provide you with the proper insight that you need on the workers’ compensation law.
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. Within the state of Florida, and most other states, workers’ comp is known as an 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. However, if the claim is third-party related, then the workplace injury can be settled in court as a personal injury claim. In a situation where a person from another company has entered your business and injured you, you are not able to file a lawsuit against your company, but you may file a civil lawsuit against that person.
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 means that an employee can still receive workers’ comp benefits, regardless of the worker’s fault or the exact cause of the injury. This can be great for a number of reasons, specifically removing the need to blame a boss or coworker and making it easier to speed the process of the investigation up, since the exact cause of the accident is not necessarily needed. 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 the cause of the injury was in fact due to either of these causes, then the case can be denied. If the claim is denied and the worker was innocent, then without a delay, you should consult a Jacksonville Florida workers’ comp attorney.
What Benefits Can A Workers’ Comp Lawyer Offer?
To begin with, employers are required by law to cover any and all medical costs related to your work-related injury. Workers are also able to receive compensation for their time off work because of these injuries. This is paid out of a sum of 2/3 your pre-injury average weekly income. 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?
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?
In certain cases, an injured employee may need more than 2 years to recover, if so what do you do if you are in this situation? 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. Most of the time this occurs since the insurance company will choose 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. However, in the case that the insurance company does not select a new doctor for you within five days, then you have the right to find treatment with a doctor of your own 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. 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. 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.
After an employee has filed a workers’ compensation claim, employers in Florida are not allowed to fire their employees. An employer would face serious civil liability if they have fired an employee completely based on filing a workers’ compensation claim. 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 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.