If you suffered an injury at work in Naples, FL, you could be covered by workers’ compensation benefits. Under this program, you could recoup your medical bills and a portion of your lost income. However, all too often, injured employees struggle to get the benefits they deserve.
The Naples personal injury lawyers from the Law Offices of Anidjar & Levine can help. We have the resources available to explain your options and get the full benefits you deserve.
Most Employees Are Covered by Workers’ Compensation Insurance
According to the Florida Division of Workers’ Compensation, most employees in the state have coverage. However, the rules vary depending on the industry. For instance, if a construction company has even one employee, that worker must have insurance. However, a non-construction agency must provide workers’ compensation benefits if it has more than four employees.
Typically, very small businesses are exempt from providing workers’ compensation coverage.
What Do Workers’ Compensation Benefits Cover?
The Florida Division of Workers’ Compensation notes that you could receive:
- About two-thirds of your average weekly wages, which you receive bi-weekly
- All of your “approved” medical care
- Death benefits, if you lost a loved one
- Vocational training, if you qualify
You will receive payment for your lost income 21 days after reporting your injury to your employer.
Can You Receive Other Damages, Like Pain and Suffering?
You cannot recover compensation for pain and suffering from workers’ compensation insurance. However, you may be able to collect compensation for these damages through a liability claim.
This may be possible if your injuries were caused by a defective product or another party’s negligence. This would allow you to collect money for the totality of your lost wages, property damage costs, pain and suffering, and other losses.
You Might Be Eligible for a Workers’ Compensation Settlement
You could secure workers’ compensation benefits if you suffered an on-the-job injury. To get these benefits, you generally must assert that you were hurt while performing your job’s related duties, and you were not intoxicated during the incident.
However, while most injured employees can get benefits from workers’ compensation insurance, the process isn’t always easy. For instance, the insurer might contest the severity of your condition. Your employer may accuse you of purposefully causing your injuries.
In these situations, you can partner with a workers’ compensation lawyer serving Naples. They can present evidence of your losses, contest any delays to your case, and pursue the benefits you need. They can also protect you from any unfair tactics that derail your claim.
How Can a Workers’ Compensation Lawyer in Naples Help You?
Having a workers’ compensation attorney in Naples can bolster your claim and seek the maximum benefits you deserve.
Some of the ways we can advance your claim include:
- Walking you through every step of the process
- Collecting medical records and other documents to prove your case
- Enlisting the help of experts who can help us understand your injuries
- Managing communications with the insurance company
- Managing your claim from beginning to end
- Filing an appeal (if necessary)
When you contact us about your workers’ compensation claim, we will immediately start building your case. We know how difficult it can be to suffer a workplace injury and be unable to work. Our goal is to secure benefits and help you get back on your feet.
What If I Have Questions for My Workers’ Compensation Lawyer?
We are committed to helping you fight for the workers’ compensation benefits you are entitled to. We also understand that the process is complex, and you may have questions and concerns along the way, so we make sure you have your lawyer’s direct phone number.
Some of the questions we can answer include:
- How long will it take to recover benefits?
- What if my injury worsened a pre-existing condition?
- What if I can’t return to work?
- Can I seek damages outside of workers’ compensation?
- How much am I entitled to receive?
The Law Offices of Anidjar & Levine can answer these questions right now during your free case review. We can also address any other case-specific concerns you have.
What Should You Do if You Were Hurt on the Job?
Your injury should qualify for workers’ compensation coverage if you suffer a workplace injury, a work-related chronic injury, or a job-related illness. However, getting the benefits you deserve is not always easy. As noted, the process offers many opportunities for your employer or the insurance company to deny your claim.
Here are some measures you should employ if you suffered a work-related impairment:
Notify Your Employer
First, you should notify your employer of your injuries. Florida law gives you 30 days to provide notification in writing. Ideally, you should notify your employer much sooner. If you can, notify them immediately after you are injured or diagnosed.
File Your Claim
After you notify your employer of your injuries or illness, they have one week to file a claim with the liable insurance provider. You or your employer must submit a detailed description of your accident and the injuries you suffered.
Note: This information will play a key role in your claim. For instance, if your employer submits that report, he may have more influence on your benefits than you realize. If your employer does not believe you suffered an eligible injury, this may color his ability to supply full and accurate information to the insurance company.
Consider Legal Representation
After the insurer has all the documentation to support your claim, it reviews the report and makes a decision. If the insurer rules you are not eligible for benefits, we can help you file a Petition for Benefits.
We know all the tactics and tricks insurance companies employ to deny claims. We can build a strong case on your behalf and argue that you deserve benefits. Your workers’ compensation lawyer from the Law Offices of Anidjar & Levine can oversee the entire claims process.
Frequently Asked Questions About Seeking Workers’ Compensation in Naples
We want to pre-emptively address some of your concerns about the claims process. Here are some questions we frequently get from our clients:
Does It Matter Who (or What) Caused My Injuries?
Workers’ compensation is a no-fault system. It doesn’t matter how your injuries happened. All that matters is that you were hurt while working within the scope of your job. However, your employer could deny you benefits if you were intoxicated or engaging in horseplay.
We will prove that you were injured while performing your job’s obligations. We will fight against any attempts by your employer or the insurer to deny your claim.
Can I Go to My Own Doctor or Hospital?
In most cases, your employer will ask you to seek care from their workers’ compensation health care provider. With the exception of the emergency medical care you receive immediately after your injury occurs, your employer can choose where and from whom you receive treatment.
If you don’t see a doctor approved by your workers’ compensation insurer, you could pay for these losses out of pocket. This means that your employer and workers’ compensation insurer wouldn’t be responsible for your medical bills.
Can You Get Fired If You File a Claim?
Your employer cannot fire you if you file a workers’ compensation claim. However, they may find another reason to terminate you or assign you to another position. If this happens, our personal injury lawyers can file a wrongful termination suit. We will do everything in our power to protect your job, future, and right to benefits.
What If Your Employer Won’t Report Your Injuries and Accident to the Insurer?
If your employer refuses to report the incident, you can report it yourself. You can learn more about reporting your accident by gleaning information from the Employee Assistance Office.
How Much Can I Get in Workers’ Compensation Benefits?
Per Florida’s Chief Financial Officer, workers’ compensation generally pays for your necessary medical expenses and two-thirds of your average income. If approved, you’ll start getting benefits 21 days after reporting the incident to your employer.
If you want to recover other damages, such as property damage expenses and pain and suffering, you could recoup those losses through a third-party liability claim or lawsuit.
Your Recovery Matters to Each Member of Our Legal Team
Our law firm works hard to obtain the best possible outcome for every injured worker we represent. When previous clients tell others about their experiences working with our team, they say the following:
- Cathy Clark: I really appreciate how you kept me involved every inch of the case, very friendly staff, very knowledgeable and quick to get the job done. I would highly recommend them to anyone [who is] looking for a good firm and [to] be treated like family.
- Cami Rodriguez: You all have been nothing short of spectacular. Larry was a great attorney who always kept me informed…and Ms. Jennifer was always just a call or email away. Any questions or concerns I had were always answered right away.
Connect with a Workers’ Compensation Lawyer in Naples
At the Law Offices of Anidjar & Levine, we offer complimentary case evaluations for injured workers who want help navigating the claims process. You pay nothing until you get the benefits you deserve.
To explore working with our team at no obligation, call today.
We Can Help.
