As an employee, you expect that your workplace is safe and free of any dangerous hazards. Unfortunately, accidents often occur at work, leaving employees with costly medical expenses and lost wages. If your accident took place at work, you may be eligible to submit a workers’ compensation claim.
If you are dealing with the financial effects of a work-related injury, it is important that you discuss your case with an injury attorney who is familiar with Florida’s workers’ compensation laws. Call a workers’ compensation lawyer in Orlando, FL at The Law Offices of Anidjar & Levine at 1-800-747-3733.
Understanding Florida’s Workers’ Compensation Laws
Understanding Florida’s workers’ compensation laws is important to determining what steps to take following a work-related injury. Florida requires every employer with four or more employees to carry workers’ compensation. While workers’ compensation offers benefits for injured workers, it also prohibits them from filing an injury claim against their employer.
Determining Whether You Have a Florida Workers’ Compensation Claim
You are eligible to file a Florida workers’ compensation claim if the following apply to your case:
- You were working at the time of the accident.
- The injury occurred during normal work hours, while you were completing work tasks.
- The injury that occurred is compensable (e.g., tripping and scraping your arm is likely not compensable).
- A task at work caused or worsened the injury.
- The employee gave proper notice to the employer following the injury.
- The accident did not result from intoxication, horseplay, criminal activity, or an intention to injure yourself.
Providing Proper Notice
Notifying your workplace of an injury may not be the first thing on your mind immediately following an accident. However, it is crucial that you inform your employer within 30 days of the date of the accident. If you fail to do so, your employer might deny your claim. It can also make it more difficult to connect the injury to a work-related task.
Seeking Medical Care
It is also important to seek medical care as soon as possible. Failing to seek medical attention following an injury can make it difficult, if not impossible, to determine that the work accident actually led to the injury. To treat your injuries and to link them to your accident, go to the doctor immediately following a work-related accident.
Submitting Your Claim
You must file a workers’ compensation claim within two years from the date of the injury or illness. If possible, it is best to file the claim as soon as possible. Otherwise, it can be challenging to collect the necessary documentation to provide as evidence.
Workers’ Compensation Benefits in Orlando
Workers’ compensation will usually cover the following expenses:
- Medical costs (emergency fees, medical transportation, copays, deductibles, surgeries, and prescription costs)
- A portion of your lost income
- A portion of your lost earning capacity
Workers’ compensation will not compensate you for your pain and suffering.
How We Can Assist You With a Workers’ Compensation Claim
Having a lot of questions following a work-related injury is normal. Once we learn more about your case, we will be able to better assist you. The complimentary consultation also gives you the chance to ask our legal team any questions you might have about the workers’ compensation claims process.
Assist You With Collecting Payment
The workers’ compensation claims process should be simple. It is in place to provide you with compensation from a work-related injury. We can assist you with collecting timely payments. We understand that your medical costs can get expensive and if you are unable to work, it can be difficult to manage household costs.
It is also possible that your employer or its insurer wrongly rejects your claim. We can assist you in appealing a denied claim.
When You Might Be Eligible to File a Third-Party Claim
Workers’ compensation covers many of the medical costs and lost wages associated with a workplace accident. However, depending on the severity of your injury and how long it keeps you out of work, you might miss out on tens of thousands of dollars.
If a third party (i.e., not your employer) caused or contributed to your work-related injuries, you may decide to file a third-party claim. It is essential that we demonstrate the four elements of a personal injury including duty of care, breach of duty, causation, and actual damages.
Any of the following might be a potentially liable third party:
- Property owners
- General contractors
If we are successful in your third-party claim, you may be eligible to recover any of the following:
- Any medical bills that workers’ compensation does not cover
- Any lost wages, lost earning capacity, or lost benefits workers’ compensation does not cover
- Miscellaneous expenses (e.g., costs of getting to and from doctor’s appointments, widening a doorway in your home to accommodate your wheelchair, etc.)
- Pain and suffering
- Mental anguish
- Lost quality of life
Call to Discuss Your Case with a Workers’ Compensation Lawyer in Orlando
Florida’s workers’ compensation laws are in place to protect you in the event of a work-related injury. The claims process, however, is not always straightforward. Some things can complicate the process and delay your owed compensation.
Our lawyers are familiar with Florida’s workers’ compensation laws and can also assist you in determining when a third-party claim may be beneficial. Call one of our workers’ compensation lawyers today at The Law Offices of Anidjar & Levine at 1-800-747-3733.