Suffering an injury or illness on the job is often overwhelming. You are left dealing with potentially lifelong injuries that could also prevent you from earning additional income. You may have also incurred a significant amount of medical bills.
You may be eligible for a workers’ compensation claim if you were injured while completing expected work tasks. Call a workers’ compensation lawyer in Florida at The Law Offices of Anidjar & Levine at 1-800-747-3733.
Understanding Florida’s Workers’ Compensation Laws
Under Florida law §440.055 every employer that has four or more employees is required to carry workers’ compensation insurance or have a clear written notice that they do not. This protects their employees in the event of a work-related injury. The workers’ compensation insurance policy covers medical costs and lost wages, regardless of who was at fault for the injury as long as it took place during regular work hours, completing work duties.
Proving a Work-Related Injury
Some workers’ compensation cases are clear. The employee was completing expected work-related tasks during normal work hours, at the site of the employer. Other work-related injuries, however, are not always so clear.
Florida requires that the following aspects are present to prove a work-related injury occurred:
- Jurisdiction: We must demonstrate that the accident or injury occurred at a time and location when the employer was subject to workers’ compensation laws.
- Employment: We must provide evidence that you were, in fact, legally employed during the time of injury.
- Injury: We must identify that an injury or illness did occur and that the injury can be financially compensated.
- Causation: We must prove that the injury or illness was caused or worsened by an event or task at work.
- Notice: We must demonstrate that appropriate notice was given to the employer regarding the accident or injury.
Failing to prove any of these points can result in a workers’ compensation claim being denied. We will work to prove each characteristic of the work-related injury by obtaining the necessary documentation. Supporting documents might include medical records, an expert physician statement, coworker statements, employment records, and accident reports.
Workers’ Compensation Coverages
Work-related injury costs can quickly add up. Florida workers’ compensation will cover the following expenses:
- Medical costs immediately following the injury
- Anticipated future medical costs
- Loss of Income
- Required medical equipment or household renovations
- Loss of earning capacity
- Loss of work-related benefits
It is important to evaluate all the areas of your life in which the injury or illness has adversely affected you. This will allow us to come up with an appropriate settlement amount. A loss of earning capacity is an important factor to consider. If you are left with a permanent injury, it is possible that your employment options will be limited.
How Our Attorneys Can Help You With Your Workers’ Compensation Case
It is likely that you have a lot of questions about the claims process. Every injury is different, and it is important that we evaluate the specific details of your case. A complimentary and confidential consultation is a great way for you to get to know our legal team and how we can assist you with your workers’ compensation claim.
Represent You in Filing a Claim
Filing a workers’ compensation claim can be confusing especially when you are already dealing with injuries. Filing a claim with workers’ compensation is separate from filing a legal suit. It is important that we follow these steps to prevent your claim from being rejected:
- Notify the human resource department or your boss of the injury as soon as possible. Florida requires that you notify your boss within 30 days of the accident or the initial symptoms of an illness.
- Receive medical care immediately. Failing to receive medical care immediately after the injury or illness symptoms can void compensation because it becomes more difficult to demonstrate a correlation between the injury and the work-related task.
- Submit a claim. The state of Florida requires workers’ compensation claims to be filed within two years of the injury or illness start date.
Filing a Lawsuit
Agreeing to a settlement amount that covers your injuries and lost wages often means that we do not have to file a legal lawsuit. However, there are situations when a lawsuit might be necessary. For example, if your employer did not carry workers’ compensation at the time of your injury and they were required to, we can open a direct suit against them.
Another complicated situation might include a situation in which you failed to notify your boss of the injury within the 30-day requirement with unique circumstances.
Negotiating a Settlement
The workers’ compensation department at your company will complete their own investigation. However, they are acting in their own interest, and the settlement amount may not properly cover your costs incurred. We can assist you in completing a thorough investigation. Additionally, we will negotiate on your behalf to get you what you deserve.
It is more important than ever before to hire representation with your best interest in mind. Florida laws have changed over the last few years. These laws now prevent the injured party from seeking their own medical opinion. Additionally, legal fees are limited in workers’ compensation payouts.
This places the power back into the insurance provider’s hands, and it can complicate the fair compensation process. We are prepared to work with you to ensure you receive fair compensation and treatment.
Why You Should Work With a Florida Workers’ Compensation Lawyer
Working with a workers’ compensation lawyer that is familiar with Florida laws can help you get the compensation that you are owed. Call one of our workers’ compensation lawyers today at The Law Offices of Anidjar & Levine at 1-800-747-3733.