If you get injured in your workplace, apart from the pain and suffering, you might lose your wages and even your career. Fortunately, regardless of how the accident or injury occurred, the Florida workers’ compensation law protects you by offering workers’ compensation benefits.
Although you may be entitled to these benefits, receiving them is not always straightforward, and sometimes you may end up losing a part of or all the compensation benefits you deserve. This is where a workers comp lawyer Boca Raton can help.
Keep in mind that the employers and insurance companies will be acting in their best interest. Your failure to follow the proper procedures and processes in case of a work accident may lead to a compensation denial by the insuring company.
Fortunately, our workers comp lawyer Boca Raton have many years of experience in Florida workers’ compensation law, and we can help you follow the legal procedures and negotiate on your behalf.
If you have been involved in a work-related accident or suffered a workplace injury, feel free to contact our Boca Raton offices at 954-833-5226 for a free case evaluation and expert workers’ compensation legal services.
What is Workers’ Compensation?
The workers’ compensation program serves as a crucial safety net representing injured workers, with employers or companies entering into insurance contracts to provide essential benefits like medical care and wage replacement in the event of workplace accidents. In compliance with Florida law, employers are obligated to secure workers’ comp coverage for their employees, ensuring financial protection during job-related injuries.
One of the notable features of workers’ comp is that it extends compensation to employees regardless of fault, offering support even in cases where employees may have inadvertently contributed to the accident. This system not only safeguards employees but also shields employers from potential personal injury lawsuits, fostering a fair and balanced approach to handling workplace injuries while maintaining a productive work environment.
What Should I Do if I’m Hurt on the Job?
If you sustain an injury on the job or while engaged in a company-related task, you may qualify for workers’ compensation benefits through your employer’s policy. Nevertheless, receiving compensation isn’t automatic; it necessitates adherence to the correct procedures to ensure your rightful payment. It’s essential to promptly report the incident to your employer, seek necessary medical attention, and consult with a workers’ compensation attorney if any disputes or challenges arise during the claims process. By following these steps diligently, you can increase your chances of receiving the compensation you deserve for your workplace injury. Remember to keep thorough records of all interactions, including medical appointments and communication with your employer, as this documentation can further strengthen your case during the workers’ compensation claims process.
These steps include:
Get to a Doctor as Soon as You Can and Follow Your Doctor’s Instructions
In Florida, swift action is essential following an injury. Your immediate priority should be to seek prompt medical attention, as timely diagnosis and treatment are vital for a successful recovery. In cases of severe injuries, do not hesitate to call for an ambulance for immediate assistance. Additionally, ensure that you notify your employer promptly about the injury, as this is a crucial step in initiating the workers’ compensation claims process and safeguarding your rights.
When you seek medical care, it’s critical to consult with a healthcare provider approved by your employer. Typically, you can find a list of these approved providers on a poster located in the break room or near the time clock. By your medical provider and diligently following these steps, you ensure that your injuries are adequately assessed and treated while also complying with the requirements of the workers’ compensation system. This approach maximizes your chances of a successful claim and a smoother recovery process.
Tell Your Employer You are Hurt
Once you receive medical treatment, and you are stable, you should report the accident to your employer. Even if you use an ambulance that the employer calls, we still recommend you notify the employer in writing.
There is likely someone in your company that you need to contact, maybe your manager or someone in Human Resources. The first step in making a claim is usually alerting your employer of the accident, the time and place of the accident, and information about the doctors who treat you.
Start and Keep a Written Record of Your Injuries and Symptoms
Maintaining meticulous records plays a pivotal role in the process of securing medical care compensation. Following your consultation with a doctor, it is imperative to diligently document all the information provided regarding your treatment, the current condition, and the progression of symptoms and injuries. This thorough record-keeping will serve as crucial evidence in your workers’ compensation claim, ensuring that you have a comprehensive and accurate account of your medical journey to support your workers compensation case more effectively.Take Photographs of Your Injury if Visible
Sometimes the lesion may be physically visible. In such a case, be sure to take photos of the injury while you are recovering.
It helps to provide a backup on the written information about the progress of the damage. Typically, this often eliminates doubt about the type and scope of injury when claiming compensation.
File a Workers’ Compensation Claim with the Assistance of a Workers Comp Lawyer Boca Raton
Florida law states that if you have an accident in the workplace, you have 30 days from the day of the injury to report to the employer. Then, the employer should report the same to the insurer within one week.
Usually, an employee has a maximum of two years to file an employee’s compensation claim. Shortly after reporting the incident to the insurance company, you should receive a call from the insurance company explaining how to proceed.
Remember that filing a workers’ comp claim can be challenging, especially if you are already battling an injury. It’s therefore advisable to work with compensation attorneys who are familiar with Florida law like our team to help you obtain your compensation.
Rest and Recuperate
Once the filing process is complete, you can rest to recover. Typically, a compensation attorney will follow up for you.
What are the Most Common Workplace Accident Injuries?
Regardless of the nature of the workplace, an accident can result in a wide range of injuries. Here are the ten most common workplace injuries:
- Neck/Back Injuries
- Hearing loss
- Joint pain
- Machinery accidents
- Accidents on a business trip
- Construction accidents
- Traumatic Brain Injury (TBI).
Why Should I Hire a Workers Comp Lawyer Boca Raton?
The Florida Workers’ Compensation Act aims to offer injured workers medical assistance, care, and support. However, many injured workers’ compensation claims are denied by insurers. Although workers are entitled to receive benefits after workplace accidents, hiring a qualified employees’ compensation attorney in Boca Raton can help reduce the likelihood of an injured worker losing benefits.
Whether you have an accident or an illness due to a poor working environment, a qualified workers comp lawyer Boca Raton with experience dealing with salary issues for an experienced workers compensation lawyer in Florida like our team will effectively represent you and get you the benefits you deserve.
It is important to remember that hiring an experienced attorney who can develop necessary strategies tailored to your specific circumstance provides the best chance of obtaining fair compensation. No matter how serious your accident, our workers comp lawyer Boca Raton can help you get the benefits you are owed.
How Much Does it Cost to Hire a Boca Raton Workers’ Compensation Attorney?
The Florida laws have a limitation on the cost of hiring a Boca Raton workers’ compensation lawyer. The attorney receives payment on a contingency basis, which means a percentage of the settlement amount. The good thing is that you won’t pay any fees if you don’t receive the benefits.
The law stipulates that an attorney can only get a maximum of 20% on the first $5000, 15% on the next equivalent bunch and 10% on the first ten years, and 5% on the rest. As Boca Raton workers’ compensation lawyers, we go a step further to make it convenient for workers by offering free case evaluation and consultation.
What Should I Do if My Workers’ Compensation Claim is Denied?
When your workers’ compensation claim faces rejection or denial, you will receive a detailed letter outlining the precise reasons for the rejection and providing instructions for the appeals process. It’s crucial to be aware that you typically have a two-year window from the date of the accident to file a complaint, unless you’re specifically appealing a temporary or permanent disability benefits’ denial.
In the latter scenario, where you’re contesting a full disability benefits or denial, the timeframe shifts to one to four or more employees per year from the date of your last received benefit or treatment. Speed is of the essence in filing an appeal, and engaging the services of a skilled workers’ compensation lawyer in Boca Raton, Florida, can be invaluable in navigating the complex appeals process. Their expertise can significantly enhance your chances of a successful appeal and ultimately securing the compensation you rightfully deserve.What Responsibility Does the Employee Have in Filing a Workers’ Comp Claim?
- Report the injury immediately or as soon as possible to your employer or manager.
- Record and maintain the injury information you obtain from your employer, forms and correspondence from the compensation company for your employer, or information you receive from your doctor.
- Cooperate with the insurer’s requirements
What Responsibility Does the Employer Have in the Workers’ Compensation Process?
Once the employee is injured on the job, the employer has the following obligations:
- Ensure that the first claim form or other equivalent document is completed and submitted to the Workers’ Compensation Insurance Company.
- If an injured employee needs immediate treatment due to a severe injury, the employer should call for an ambulance
- If the employee is still stable, the employer should direct the employee to a company physician or doctor.
Can I Be Fired for Claiming Workers’ Comp Benefits After a Job-Related Injury?
No, employers in Florida are legally prohibited from suspending or terminating employees for filing workers’ compensation claims, as stated in Section 440.205 of the Florida Constitution. Such actions are considered retaliatory and are expressly forbidden under Florida state law. If you suspect that your dismissal or suspension is related to claiming workers’ compensation benefits, it’s imperative to seek immediate legal counsel from a dedicated Boca Raton workers’ compensation lawyer at Work Injury Rights. Their expertise will help safeguard your rights and ensure you receive the protection and compensation you are entitled to under the law.
Is There a Time Limit for Filing a Workers’ Comp Claim in Boca Raton, Florida?
To ensure you meet the requirements for workers’ compensation in Florida, it’s essential to file your claim with the Florida Workers’ Compensation Board within two years of the date of your injury or illness. If you’ve previously received employee benefits and require reapplication to receive workers compensation benefits, you must do so within a year from the date of your last received benefit to maintain your eligibility for compensation. Adhering to these timelines is crucial in securing the benefits you deserve.
Can I Sue My Employer After a Workplace Injury?
The Florida workers’ compensation law is designed as a no-fault cover, ensuring workers’ protection irrespective of the party contributing to the work related injury or negligence. However, there are exceptions to this law that allows you to sue the employer. Such exceptions include intentional injury, claim denial, a virtual certainty, and failure to have a workers’ compensation cover. This is why it is best to speak with a workers comp lawyer Boca Raton.
Can an Independent Contractor File a Workers’ Comp Claim?
Persons working for law firm as independent contractors are generally not entitled to workers’ compensation benefits. Typically, it’s because they are not considered workers of that firm. However, they can still be eligible for workers’ compensation from their respective employers. The only exception is if the person is self-employed or works for an employer who doesn’t have compensation insurance.
To fully understand your rights as an employee or a contractor who is injured while working, it is best to speak with a workers comp lawyer Boca Raton who can explain what your rights are and how best to receive the compensation you deserve.
What is My Boca Raton Florida Workers’ Compensation Claim Worth?
The amount of compensation you’re entitled to in Boca Raton hinges on the specifics of your accident, illness, or injury. Engaging a Florida workers’ compensation lawyer is crucial, as they can assess your case comprehensively and fight diligently to secure the appropriate compensation tailored to your unique circumstances. Their expertise is invaluable in ensuring you receive the financial support you both need and rightfully deserve during this challenging time.
Mainly, may cover:
- Medical bills
- Rehabilitation bills
- Doctor’s prescription
- A portion of lost earnings
- Transport expenses related to the accident
- Compensation for lost income
- Permanent Partial Disability (DPP)
Schedule a Free Consultation With a Boca Raton Workers’ Compensation Lawyer Today
Remember, while your company’s compensation department or their insurance carrier will investigate the car accident, they are doing so while looking after their best interest. That may mean the amount paid may not be what you deserve.
As a team of professional lawyers in Boca Raton, can help you carry out a thorough investigation and negotiate for you to ensure you get what you deserve. Once you are involved in any construction, machinery, or motor vehicle accident in your workplace, get in touch with our Boca Raton workers’ compensation lawyers at 954-833-5226 to help you file a compensation claim. We offer free case reviews!