Workers’ Compensation Is No-Fault In Florida

Workers’ compensation insurance Florida ignores who was at fault, and focuses on where the accident occurred. If you were at work and suffered an accident, regardless whether or not it was your fault, your workers compensation should pay benefits. This works for the injured in another way; if you were hurt at work you will not need to prove if your employer was negligent or not to be eligible for workers comp benefits. Other complications can arise however that allow an insurance company to attempt to deny your claim.

Steps To Take After A Workplace Accident:

• Seek Medical Care - Injuries can worsen if not treated
• Notify Your Employer - Essential Step to the Claims Process
• Document Your Injury -Keep Detailed records of medical care and pain management
• Keep Up With Medical Care -Keep> Plan your rehabilitation prescribed by a doctor
• Contact A Lawyer - Your Case or Denied Claim Should be handled by an experienced attorney

Causes For Workplace Accidents In Florida

Often workplace injuries are caused by events that result from two issues, Employer Negligence and Third Party Neglect.
An injury that happens on a job site, restaurant, office or on a construction site could be caused by:

• Negligent subcontractor or associated business
• Defective or Faulty products or parts
• Working Conditions That Are Unsafe
• A Company Vehicle Involved In An Accident
• Insufficient supervision or training
• Failure To Follow Proper Procedures
• Construction Accidents

What Happens If A Non-Employee Causes You Injury?

Under Florida Law most employers are required to provide workers’ compensation to employees. Workers Compensation provides for medical bills and lost wages. If you have been injured due to a third party (someone who is not your employer), then you may be eligible to also file a personal injury claim for compensation in addition to your workers’ compensation benefits. Being struck by a vehicle while on the job is an example of a possibility where both a workers' comp claim and a separate personal injury claim could be possible. Workers COmpensation insurance is a complex An experienced Florida workers compensation attorney will help you understand workers compensation laws so that you will receive the benefits you are entitled to.

Workers’ Compensation Cases Are Different Than Personal Injury

The workers’ compensation program is designed to work better than the normal legal system. Outside of workers's comp, if you get hurt and it is not your fault you can sue for damages as a personal injury case. This process may take years if there is a disagreement with who was at fault and how much money it would take to compensate the injured victim. With personal injury cases your lawyer not be able to reach an agreement with the other insurance company which would necessitate a trial before a jury. This is the type of problem that the workers’ compensation program in Florida tries to prevent.

The first way that your claim will move forward faster is by addressing the issue of blame. As long as the accident happened at work the claim will move forward. So the problem of delay is thrown out the window from the beginning. Another way the program speeds up the process is by using formulas to calculate compensation. The workers compensation program uses formulas to fairly and consistently make calculations. While these formulas are easy to understand, the calculation of benefits has nothing to do with pain and suffering. As such removing this type of compensation allows you to receive benefits in most cases within weeks of being injured on the job. An experienced workers compensation lawyer can help guide you through Florida laws and how to protect your rights faster.

Common Workplace Injuries That Lead To Compensation Claims

Injuries on the job that can stem from sprains or bruises to more serious injuries that may require hospitalization, surgeries or even loss of life.

• Back Injuries
• Whiplash
• Arm, Shoulder,wrist or elbow injuries
• Broken bones
• Eye Injury
• Severe laceration (cuts)
• Slip and Fall
• Spinal Cord Injury
• Hearing Loss
• Electrical Shocks
• Burns

Worst-Case Injuries From Serious Workplace Accidents

• Paralysis
• Amputation
• Wrongful Death
• Traumatic Brain Injuries

What If A Defective Product Caused My Injury

Third party negligence may occur if a product is faulty or defective, if you’re injured on someone else’s property due to unsafe conditions or if you are injured due to the negligence of a contractor (someone who is not another company employee).

In a third party negligence claim you may be able to file a suit against the negligent third party such as the manufacturer of the unsafe equipment or the owner of the property where the accident occurred or against another company or contractor whose employee caused the accident.

A Workers' Comp Lawyer Will Ensure Your Rights Are Protected

A Workers’ Compensation lawyer at All Injuries can help clients obtain the benefits they need to heal and rebuild their lives. Workers’ compensation provides assistance to employees that are not able to work due to an injury at the workplace.

• Obtain a doctor or medical test
• File a third party negligence claim
• Retain Lost Wages
• File for social security disability benefits
• Appeal employer denied claims and represent you in a courtroom

When You Can And Cannot Sue For Worker's Comp

Most workers are greatly appreciative of the workers’ compensation program in Florida and how well it works. It will usually pay for your medical bills and it pays you enough to keep up with your financial responsibilities as you are resting from your injuries. However, as long as the worker's comp insurance does not deny your claim, you will lose the right to sue the employer or the workers’ compensation insurance program for damages.

If the insurer, denies your claim though, the injured party may sue to win compensation for thier injuries.

When Should You Report Your Injury Claim To Your Employer?

The first thing that you should do after getting hurt is to report the injury to your supervisor as soon as possible. The Florida workers’ compensation program allows an injured employee to take up to 30 days but doing this right away has several important advantages:

• Faster Insurance Response And Treatment

Your employer's insurance company can give you a list of doctors that are part of your network. This is important because going to a doctor in your network will expedite your claim more quickly.

• Your Case Will Be Stronger, And Accuracy Assured
If a witness is needed to confirm that you were hurt at work, reporting the incident right away will allow for an accurate description of the witness's testimony to occur.

What If Your Employer Will Not Help?

If your supervisor will not tell you about doctors or what paperwork to file, look for a poster in your workplace that gives information about workers’ compensation claims. This poster should have a number and a list of doctors in the area that are in the workers’ compensation network. You can call the Florida State Division of Workers’ Compensation Hotline at 1-800-342-1741 to help start your claim process.

How To Dealing With The Insurance Company

An insurance adjuster will contact you within one day after reporting the injury. If they do not contact you within 2 days or they call and leave a message, call them back. An insurance representative should be able to explain your rights, benefits and responsibilities. If you have received information from the insurance company by the time you talk to the adjuster be sure to ask them about it. This packet explains the entire workers’ compensation claim process as well as details about how benefits are calculated. It is important to understand all the information. If you have questions you will want to talk to an experienced workers’ compensation attorney as soon as possible. An attorney at All Injuries is standing by to receive your call today.

Your First Meeting With Your Doctor

Meeting with your doctor is very important. Your medical records will dictate whether or not your injury will be covered by workers’ compensation. It is important to be honest and thorough regarding your medical history and what happened at work. Make sure your doctor understands how you were injured. Also, if your medical records do not indicate that you injury happened at work your claim may be denied.

You will want to know the basics of your injury and whether it is permanently debilitating. Also, the steps to your recovery are very important. As well as when and how you will be able to return to work. If you are able to return to work make sure that your doctor explains to your employer what is safe for you to do when you return.

How Do Damages And Benefits Work With Workers' Comp

Indemnity Damages - Damages designed to pay you benefits if you miss work longer than 7 days. A percentage of what you were getting paid when you were injured and cannot exceed what you were paid for the 12 month period prior to your accident.

Total Incapacity Coverage - Coverage which compensates an injured worker who can not return to work for a long time. This compensation will not last longer than two years.

Permanent Impairment - If you can’t return to work after two years you will need to see a doctor for a different type of evaluation. This doctor will evaluate your permanent impairment and prepare a report for the workers’ compensation insurance program for review. Workers’ compensation will calculate how much you will be compensated based on your impairment. The more permanent the impairment the more your benefit will be.

What Will Be Covered Under Workmans’ Compensation in Florida?

If you are injured at work you will be entitled to workmans’ compensation benefits. Workers’ compensation insures employees against injuries in the workplace by compensating them with the support of a Florida Workers’ comp attorney. It also protects employers from being sued because they are required to pay benefits to those who are injured.

In the state of Florida a business with four or more employees must have workers’ compensation insurance. In the construction business you must have workers’ compensation for even a single employee as defined by the Florida Administrative Code.

Workmans’ Compensation Offers These Benefits.

You may qualify for workers’ compensation if you have a work related injury depending on the severity of your injuries. You may be entitled to compensation for the following losses and expenses.

Medical Bills
Including all medical costs that have anything to do with your injury. Also, the cost of medication, doctor’s fees, medical equipment, therapy, care, rehabilitation and hospitalization will all be covered. You may also seek compensation for future expenses if you have long term medical treatment.

Lost Wages

Many times an injury can prevent you from returning to work. You may spend many weeks or months with an injury. When you have no sources of income workers’ compensation will offer damages for your lost wages. These damages are a percentage of your average weekly wages. Workers’ compensation will offer a steady stream of income to see you through your recovery process. Florida has a cap on the total of maximum compensation for 2019 it is $919 per. Week.

Lost Earning Capacity

If your injury lowers your ability to perform skills that qualify you to do a job then you can seek damages to increase your long term earning potential. You can seek compensation for this in your workers’ compensation claim.

In addition to this compensation you may seek other benefits as well. Consulting with a Florida Workers’ Compensation Attorney before you file your claim is your best answer.

Why You Need A Workers’ Comp Attorney In Florida

If your employer has turned down your claim. You might need to actually prove your accident was work related. Even if your employer accepts the claim the insurance carrier may then find fault with your claim and dismiss it. If this results in being paid as little as possible by the insurance carrier you may need to hire an experienced Florida workers’ compensation attorney. An attorney will be able to help you seek the maximum amount of compensation for your injury available. Your attorney will be able to negotiate a settlement on your behalf. At All Injuries we have supported countless numbers of injury victims seeking settlements they were entitled to. Our lawyers will work closely with you to understand your case and file the information with your employer today.

What If My Workers' Comp Claim Is Denied?

Workers’ compensation benefits can be applied for if you were in a work related accident. These benefits are also available if you incur an occupational disease. Workers’ compensation covers the medical costs of your injury or illness as well as lost wages and earning capacity. You must meet certain requirements before these benefits can be received. In some cases if the claims are not filled out properly or do not meet the requirements this will result in a denial of your claim. If your claim has been denied do not worry there are certain steps you should take. Call an experienced workers’ compensation attorney today at All Injuries for assistance.

About Workers’ Compensation Claim Denials

The Following Are Reasons That Your Claim Might Be Denied:

Injury That Is Disputed: Injuries that occurred while you are performing your job will qualify for workers’ compensation. When you file a workers’ compensation claim your employer may argue that your injury wasn’t caused by your work. For example, if your injury took place on a lunch break or relaxing it may not qualify for comp benefits. Also, an employer may argue that a pre-existing condition caused your illness not what occurred at the workplace.

Application Delay: Under Florida Statutes 440.185 you are required to notify your employer of an injury within 30 days. If you fail to meet this deadline, your employer can deny your benefits by proving this delay.

Illness Not Covered: If your condition does not meet the criteria as stated by the state of Florida then your compensation claim may be denied.

Consult With An Attorney To Change Claim Objections:

Consulting with an attorney will help if your injury is being disputed. An attorney can help you rectify objections set against your claim by an insurance company or an employer.

You may also need to gather medical evidence to testify to a medical expert with supporting materials. This evidence will be important when filing an appeal to the denied claim.

A Works Comp Claim Denial Appeal Can Be Filed:

You can file an appeal against your workers’ compensation claim if it has been denied. You will receive a letter stating that your claim has been denied. This letter typically includes detailed instructions on how to file an appeal. It is important to go through it in detail. In Florida you must appeal by filing a petition for Benefits within two years of the injury. Even though you have plenty of time to file the appeal it is advised that you do so as soon as possible.

As part of the appeal process it is required to present your case in front of a judge. You will be required to present any relevant evidence during this hearing. If the judge approves your claim based on your evidence you will qualify for the benefits assigned to you. If there is not sufficient evidence for your qualification then you can appeal at a higher level.

When To Hire An Attorney

Hiring an attorney is essential if your claim has been denied. If your claim has been denied you will have to present evidence to support it. This is a difficult process when you are up against expensive lawyers who are working for insurance companies. You need an attorney with the right expertise that can help you with this process. An attorney can bring all relevant evidence and argue your case on your side.

Qualifying For Workers’ Compensation In Florida

Workers Compensation is available for many work related injuries. Even if your injury was your own fault you can still qualify for workers’ compensation benefits. However there are certain circumstances that disqualify a person.

If you meet certain benefits criteria you should start receiving these benefits in a week or two. The requirements are the following:

• Your accident must have taken place while you were at work. If you are an hourly employee you will have needed to be clocked in at the time of your injury. If you are paid on salary you will have to have demonstrated that the accident happened during the course of your employment.

• You must comply with the employer's policies that require you to be treated by an approved doctor. If you refuse to do this or do not follow the treatment your claim could be denied and your benefits could be terminated.

• You must not be under the influence of drugs or alcohol. You will be required to take a drug test before you are treated. If you refuse your claim might be denied. If you were under the influence then you might not be able to get compensated for your injuries.

• If you have had a pre-existing condition your claim may be denied. If you have had a pre-existing condition you can’t claim that you were hurt at work. You will not be able to gain compensation and time off from work for your claim.

Other Considerations

If your injury was self inflicted and was of deliberate harm to yourself you may not receive compensation. If your injury was caused by intoxication or while you were under the influence you may not receive compensation. For an injury to be regarded as work related it must have taken place while you were at work doing a task related to work. For example, if you were injured while on a break from work you can’t seek compensation for this.

There are other cases that are more complicated in nature. For example if you have soreness in an area of your body from doing at home activities then broke your arm at work this may seem to be a work related injury. At least 50% of the injury may have taken place at work. If that is not understandable a state administrator may be able to determine if you qualify for benefits.

You must report your work related injury within a certain period of time. In Florida your employer must be notified within 30 days of your injury. If you do not meet the time limitation then you may not qualify for benefits.

What If My Workers Comp Claim Is Denied

• You did not comply with the doctors recommendations for your treatment
• You refused to take a drug test
• Your injury did not impede you from doing your job
• You were hurt off the job but made it look like it happened while at work
• Your injury happened doing something you do not normally do at work
• You were not clocked in at the time of the accident
• You have a pre-existing condition
• You did not report the incident to a manager in the Human Resources Department
• You were under the influence of drugs or alcohol at the time of the accident
• If any of the above events occurred you may not be able to receive compensation for your injury.