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 workers’ compensation benefits you deserve, a Jacksonville lawyer from the Law Offices of Anidjar & Levine can help with your claim. We offer free consultation, so there is no risk to you in reaching out.
Call today to schedule a free consultation with a Workers’ Compensation lawyer in Jacksonville.
For a free legal consultation with a workers' compensation lawyer serving Jacksonville, call (800) 747-3733
Does My Employer Have Workers’ Compensation Coverage?
Florida Statutes §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 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.
Check Whether Your Employer has Workers’ Compensation Coverage
The Florida Division of Workers’ Compensation (DWC) Employee Assistance Office offers a helpful information page that lets you check your employer’s workers’ compensation coverage status. 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 workers’ compensation coverage, leaving you without a way to pay for medical treatment for an injury, our Jacksonville attorneys can help. The Law Offices of Anidjar & Levine can take care of everything for you so you can focus on recovering.
Jacksonville Workers' Compensation Lawyer Near Me (800) 747-3733
Am I Eligible for Workers’ Compensation?
If you work as an employee for any company that must carry workers’ compensation insurance in Florida, you are likely eligible for benefits.
If you are a full- or part-time employee in Jacksonville, then you can recover workers’ compensation benefits.
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.
You Could Run Into Conflict if You are an Independent Contractor
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 because you are not an employee, we can determine whether you have a right to this coverage.
Does My Injury Qualify for Workers’ Compensation?
Under Florida Statutes §440.09, your employer must provide workers’ compensation coverage for any “compensable” accidental injury or death you experience in the course of performing your job.
Here are some conditions under which you might not qualify for benefits:
- Your injury was a pre-existing condition
- You were under the influence of drugs or alcohol
- Your injury occurred while you were committing a criminal act
- You were not using the required safety equipment when your injury occurred
Carriers may also deny your claim if you contributed to your injuries by behaving irresponsibly. For example, if you and a co-worker were roughhousing and one of you sustained an injury, the insurance company may deny your claim.
If you sustained injuries on the job, your injury should qualify for workers’ compensation coverage.
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?
The attorneys from the Law Offices of Anidjar & Levine 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.
Workers’ Compensation Can Cover Your Medical Bills
According to the DWC, medical benefits pay for authorized, medically necessary treatment and care for a compensable injury or illness. This typically includes:
- Your doctor visits
- Required hospital stays and procedures
- Physical therapy
- Related medical costs
These benefits only cover services from authorized doctors and providers, however.
Workers’ Compensation Can Cover Some of Your Wages
According to the DWC, 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 2021, the maximum benefit is $1,011 per week, according to the DWC. Once your doctor releases you to return to work with restrictions, wage compensation converts to a partial payment.
Workers’ Compensation Can Cover Other Losses
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, according to the DWC.
How do I File a Claim?
Although Florida Statutes §440.185 allows 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, according to the DWC. 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.
We Can Help You Get Workers’ Compensation Benefits
Our Jacksonville 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.
We Can Investigate and Gather Evidence
The workers’ compensation attorneys at the Law Offices 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
- Testimony from medical experts
We Can Negotiate on Your Behalf
Using this information, we can negotiate with the insurance company to obtain the compensation you are entitled to. We will know the compensation you are entitled to going into settlement negotiations, so we know whether an insurance company’s offer is fair.
We Can Pursue a Civil Action
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 lawsuit if the company attempted to cover up any important facts or interfere with your ability to collect benefits.
In these cases, we have four years from the date of the accident to file a lawsuit on your behalf, according to Florida Statutes §95.11(3)(a).
We will meet with you at no cost to explain your options and help you make the right choice for your future. Call us today to talk to a workers’ compensation lawyer in Jacksonville.
Duval County Workers’ Compensation Lawyer
Accidents at work can happen at any time. Whether you work behind a desk or a construction crane, sustaining injuries at work can sideline your life.
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. A lawyer from our Jacksonville office, located at 118 W Adams St, is ready to take on your case, no matter how difficult.
All Types of Duval County, FL Workers’ Compensation Cases Covered
The team of lawyers at the Law Offices of Anidjar & Levine understands that, 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
- Severe incidents, like traumatic brain injuries (TBIs) or damage to the spinal cord
The Jacksonville legal team at the Law Offices of Anidjar & Levine is ready to speak with you about your claim and 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 We Can Seek for You
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
- 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 that 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 liable for the injuries you sustained you can still file for workers’ compensation benefits.
However, these benefits will not kick in automatically, so it is imperative to 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:
- The cause and location of the accident
- The time and date of the accident
- The 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 can help to reach out to the Law Offices of Anidjar & Levine as soon as possible, as we can use our years of legal experience to help you navigate the complexities of the workers’ compensation process and receive the benefits you are entitled to.
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
- 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 with 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 recovery
- Expert opinions from medical professionals as to your ongoing ability to continue to work
Hire 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 we will keep you in the loop with updates and will always be available to answer any questions you might have throughout the process.
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 suffered injuries 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 today to schedule your appointment.