In Florida, employers must provide Workers’ Compensation insurance to protect any employees who sustain serious injuries on the job. Sometimes, however, employers may fail to provide the legally required benefits or the insurance company may deny a valid claim.
If you are struggling to get the benefits you deserve, the Law Firm of Anidjar & Levine can help with your claim.
For a free legal consultation with a workers' compensation lawyer serving Jacksonville, call (800) 747-3733
Does My Employer Have Workers’ Compensation Coverage?
Florida statute 440.02(16)(a) defines an employer as “every person carrying on any employment.” This includes government agencies and municipalities, public and private companies, and employment agencies. While the statutes do make some exceptions, virtually all companies with four or more full- or part-time employees must provide Workers’ Compensation coverage for their workers.
Unfortunately, some companies allow their policies to lapse or they fail to pay their premiums. Although the law may require that your company carry this insurance, that does not always ensure that you have coverage.
The Florida Division of Workers’ Compensation (DWC) Employee Assistance Office offers a helpful information page that lets you check the status of your employer’s workers compensation coverage. This resource also lets you check to see if the law requires your company to provide coverage and provides an option to report an employer’s non-compliance.
If your employer failed to maintain coverage, leaving you without a way to get medical treatment for an injury, our Jacksonville Workers’ Compensation attorneys can help. Contact us today.
Jacksonville Workers' Compensation Lawyer Near Me (800) 747-3733
Am I Eligible for Workers’ Compensation?
State law excludes some categories of workers from coverage, including domestic workers in someone’s home, some seasonal agricultural labor, certain small farm laborers, professional athletes, people performing community service, and independent contractors not employed in the construction industry.
The independent contractor exception triggers many legal challenges every year, as employers sometimes abuse this exception to save money on Workers’ Compensation insurance premiums. The presence of an independent contractor agreement is often insufficient to make this legal argument, if the individual in question does not meet the statutory criteria of an independent contractor.
If your employer refuses to provide coverage on the basis that you are not truly an employee, we can determine whether you have a right to this coverage.
Does My Injury Qualify for Workers’ Compensation?
Under state law, your employer must provide Workers’ Compensation coverage for any “compensable” accidental injury or death you experience in the course of performing your job.
Your employer does not have to offer coverage for preexisting conditions, injuries sustained while you were under the influence of drugs or alcohol, or injuries that occurred during the commission of a criminal act. If you were not using required safety equipment when your injury occurred, you may not have coverage.
Carriers may also deny your claim if you contributed to your injuries by behaving in an irresponsible way. For example, if you and a co-worker were goofing off or roughhousing and one of you sustained an injury as a result, the insurance company may deny your claim.
You may also have coverage for any life-threatening or chronic illness you developed after exposure to a hazardous substance on the job. If your employer’s Workers’ Compensation insurance is refusing to cover your injury, contact us as soon as possible to preserve your legal rights and get the benefits you need.
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What Benefits Can I Get?
Our attorneys can help explain the benefits you qualify for after a workplace injury. In general, Workers’ Compensation will pay medical and wage replacement benefits to injured workers.
Medical benefits pay for authorized, medically necessary treatment and care for a compensable injury or illness. This typically includes your doctor visits, testing, required hospital stays and procedures, physical therapy, medication, and related costs. These benefits only cover services from authorized doctors and providers, however.
Wage replacement benefits help when your injury prevents you from returning to work for more than seven days.
This benefit compensates you for two-thirds of your weekly wages—or up to 80 percent of your wages for severe injuries—but not more than the average weekly wage in Florida. For 2017, the maximum benefit is $886 per week.
Once your doctor releases you to return to work with restrictions, wage compensation converts to a partial payment. You also have access to Workers’ Compensation disability benefits, should your injury prevent you from ever returning to work, as well as death benefits, if a spouse or parent died because of their work-related injuries.
How Do I File a Claim?
“Reporting any injury to your employer immediately is important for protecting your legal rights.”
Although the statutes allow you 30 days from the date of injury to report an incident, reporting any injury to your employer immediately is important for protecting your legal rights. Likewise, seeking medical attention promptly will also help avoid further complications.
Your supervisor or your employer’s human resources department can help you locate an approved medical provider. However, if you sustain a serious injury, Workers’ Compensation will allow you to seek treatment from an emergency room or urgent care provider in most cases.
Our attorneys can help you understand medical treatment laws so you can get the benefits you need to recover from your injuries. We will help you collect the funds you need to pay your bills while you are out of work.
How Can a Workers’ Compensation Lawyer Help Me?
What neither your employer nor their carrier will tell you is that you have other options for compensation for a work-related injury, especially if the insurance company refuses to cover your injury or provide adequate care.
The attorneys at the Law Firm of Anidjar & Levine can assemble important evidence to support your claim, including accident and safety reports, photographs or videos of the accident scene, witness statements, and testimony from medical experts. Using this information, we can negotiate with the insurance company to obtain the compensation you deserve.
In some cases, we may also be able to sue your employer, if the employer’s gross negligence led to or contributed to your injuries. We can also file a personal injury lawsuit if the company attempted to cover up any important facts or interfere with your ability to collect benefits.
Duval County Workers’ Compensation Lawyer
Accidents at work can happen at any time. Whether you work behind a desk or behind a construction crane, sustaining injuries at work can sideline your life and livelihood. If you have been injured on the job in Duval County, FL, you can seek the compensation you deserve by working with the Law Offices of Anidjar & Levine. Call us today at 1-800-747-3733 for a free review of your case.
All Types of Duval County, FL Workers’ Compensation Cases Covered
The team of lawyers at the Law Offices of Anidjar & Levine understands for many a job is a source of pride, accomplishment, and financial stability. Workplace injuries threaten all of those aspects and can occur anywhere. Some of the most common work-related injuries with which our legal team has worked include:
- Broken bones, muscular/tendon damage, and burns;
- Illnesses resulting from exposures to toxins;
- Injuries resulting from repetitive motions or actions, such as tendonitis or hearing loss; and
- Severe incidents, like traumatic brain injuries (TBIs) or damage to the spinal cord.
The legal team at the Law Offices of Anidjar & Levine is ready to speak with you about your claim and will work from the very outset to both preserve your rights and fight for the best possible benefits settlement so that you can get better while we take care of the rest.
Workers’ Compensation Benefits
Based on the nature and severity of your injuries, your workers’ compensation lawyer in Duval County, FL from the Law Offices of Anidjar & Levine can fight for benefits including:
- Medical care, including prescription drugs, testing, and hospitalization;
- Rehabilitative care, such as physical therapy;
- Temporary disability benefits, including total and partial disability coverage; and
- Impairment benefits.
Depending on the severity of your claim, we can also fight for permanent total disability benefits, death benefits or, if the sustained injury was not covered under workers’ compensation laws, file a lawsuit.
Navigating No-Fault Workers’ Compensation
The state of Florida mandates most employers must provide workers’ compensation insurance for their employees so that they can be covered if and when an injury occurs. This compensation is typically provided on a no-fault basis, meaning that when you are injured you only need to provide evidence that you were on the job when your injuries occurred. This means that even if you were partially liable for the injuries you sustained you can still file for workers’ compensation benefits.
These benefits will not kick in automatically, however, so it is imperative that you document your accident as promptly as possible after it occurs. Florida allows you 30 days to report your accident to your employer, and to do so you should establish:
- Cause and location of accident;
- Time and date of accident; and
- Names of any witnesses.
Following your report your employer should request an independent medical examination to assess the nature and severity of your injuries. The outcome of this exam is often used as the basis for workers’ compensation benefits, but some insurance providers use these results to reduce or deny specific claims.
This is why it is best to reach out to the Law Offices of Anidjar & Levine as soon as possible, as we can use our years of legal expertise to help you navigate the complexities of the workers’ compensation process and receive the benefits you deserve.
Workers’ Compensation Appeals
The Law Offices of Anidjar & Levine can also help if you have already applied but have been denied some or all of your workers’ compensation benefits. Many times, insurance companies will deny claims if they feel they have evidence to prove, for example, that:
- An injury did not occur on the job site;
- An injury was due to a pre-existing condition; or
- The injured party is fraudulently filing for benefits.
Remember that the insurance company is working in their best interest; your workers’ compensation attorney in Duval County, FL from the Law Offices of Anidjar & Levine is working for you. If you feel your claims have been wrongfully denied or limited, contact us so we can help you will the appeals process. We can assist in drafting the appeal and can also represent you during the appeals hearing process to fight for your compensation.
When preparing for such hearings, our legal team assembles a comprehensive array of evidence that reinforces why you are entitled to the benefits you requested. Materials we often incorporate include:
- Details of the accident, including witness statements;
- Medical records that document the injury and your recuperation; and
- Expert opinions from medical professionals as to the injured party’s ongoing abilities to continue to work.
Call a Workers’ Compensation Lawyer Committed to You
At the Law Offices of Anidjar & Levine, we go the extra mile to handle every aspect of your workers’ compensation claim with your best interests in mind. This means that we offer all of our clients the following:
We know that it can take time to build the best case to fight for your compensation, but we also realize that time is of the essence, so our team works as efficiently as possible to resolve your workers’ compensation claim.
We also guarantee that throughout the process we will keep you in the loop with updates and will always be available to answer any questions you might have.
Expert Preservation of Your Legal Rights
We serve as your legal advocate to liaise between the lawyers, insurance companies, witnesses, and other parties while always keeping your best interests in mind. This means that you can focus on your own recovery with the confidence that your workers’ compensation lawyer in Duval County, FL from the Law Offices of Anidjar & Levine is fighting for you.
Call the Law Offices of Anidjar & Levine Today
If you have been injured on the job in Duval County, FL, you need to act quickly because, in addition to the law’s mandate that you report any injuries to your employer within 30 days, you have only two years to file your claim. Reach out to the Law Offices of Anidjar & Levine at today 1-800-747-3733 to schedule your appointment.