Workers’ compensation is an insurance program that was designed to offer a simple, hassle-free way to compensate workers who get injured while on the job. While workers’ compensation benefits help injured employees get back on their feet, most cases will involve such benefits being denied or employees receiving less than what they deserve.
A common reason as to why workers’ comp claims are denied is the type of injury reported. Under workers’ compensation laws, your injury ought to be compensable for you to receive workers’ comp benefits. It follows that employees who suffer non compensable work injuries in Coral Gables may not receive workers’ compensation benefits.
Before you can begin your claim process, it is important to establish whether your injury falls under compensable work injuries in Coral Gables, Florida. If you’ve been injured on the job and aren’t sure whether you’re eligible for workers’ comp benefits, reach out to us at Work Injury Rights to speak to one of our Coral Gables workers’ compensation attorneys about your workplace injury. Call us today at 954-833-5226.
What Are Compensable Work Injuries in Coral Gables?
Under workers’ compensation, compensable injuries are those which occur out of and in the course of employment. For your injury to be considered compensable, it must have come about while doing what your job expects you to do.
If an injury arises out of the scope of your employment, then it might be considered non-compensable and you may not receive workers’ compensation benefits. Some types of compensable work injuries in Coral Gables, FL, and their causes have been discussed below:
Back, Neck, and Spinal Injuries
These workplace injuries are some of the most serious injuries as they can cause partial or total disability or paralysis. In isolation, a back injury can limit your mobility and result in chronic pain. The treatment of these compensable work injuries in Coral Gables includes surgery, long-term medication, and rehabilitation, meaning that workers can spend a lot of time out of work.
Given the high cost of treatment for these injuries, it is common to experience pushback from insurance companies who often claim that the injuries were caused by pre-existing conditions or other non-work-related causes.
Head and Brain Injuries
A serious blow to the head while at the workplace could easily lead to head and brain injuries. In most cases, these injuries won’t be noticeable as symptoms are not always obvious. These injuries may occur on construction sites whenever a worker gets hit by an object on the head or falls from a height.
Shoulder and Knee Injuries
These injuries are often debilitating and limiting regardless of your employment. Besides restricting employees to the activities they can perform while injured, they require lengthy recovery periods. Knee injuries prevent employees from walking normally and even driving, while shoulder injuries limit an employee’s ability to lift objects.
These injuries are usually caused by tendon and muscle tears, and their treatment includes medicine, surgery, physical therapy, and rehabilitation. Accidents that cause these injuries include slip, trip, and fall accidents, heavy-lifting, or repetitive motion that results in cumulative trauma.
Repetitive Motion Injuries
These injuries are some of the most challenging to prove in workers’ compensation claims. However, they still come across as a leading type of workplace injury. Repetitive motion injuries are common among workers who engage in the same job every day and for long hours of the day.
For instance, employees who suffer from carpal tunnel syndrome or a lumbar back disorder may be in line to receive workers’ comp benefits if they can prove that these injuries are a result of their employment.
Employees who work in industries involving exposure to industrial solvents and chemicals are required to wear the right kind of protective gear as per OSHA regulations, including goggles, gloves, chemical protective clothing, and respirators. However, lack of such gear and proper ventilation could leave such workers exposed to toxins. In turn, such exposure could lead to injuries such as burns, irritation to the eyes, skin, throat or lungs, cancer, respiratory diseases, liver damage, and brain damage.
First Responder Hypertension
While many jobs are stressful, first responders are constantly facing occupational stressors that put them at risk of suffering from hypertension. Such employees are forced to work for long, irregular shifts, and during unpredictable hours and conditions.
Such jobs often put them in crisis situations, spike their adrenaline levels, which leads to unhealthy levels of stress and fatigue. With chronic stress comes sleeping disorders, eating disorders, anxiety, and depression, all of which culminate in hypertension can be considered compensable work injuries in Coral Gables.
Long-term exposure to hazardous levels of occupational noise, head injuries, and acoustic trauma are some of the causes of hearing loss. If you can prove that you have suffered compensable work injuries in Coral Gables, such as hearing loss, you can receive workers’ compensation benefits.
What Types of Compensation Can You Claim?
If you have suffered a work-related injury or illness and incurred cost or suffered losses due to the compensable work injuries in Coral Gables, then you may file a claim to seek compensation for your losses. Some types of compensation you might claim include:
Compensation for Permanent Disability
Suffering a serious injury like a back or spinal injury could lead to permanent disability, which means you may never be able to do any kind of gainful work. In such cases of these compensable work injuries in Coral Gables, you may file a claim to seek permanent disability benefits.
If you suffer a work-related injury that forces you to take some time off work, you could file a claim to seek compensation for lost wages. Normally, the amount of income benefits will depend on the number of days an employee spends out of work.
If an employee incurred any medical expenses, including prescriptions, surgery, medical equipment, and travel expenses, they are eligible for medical benefits under workers’ compensation.
Vocational Rehabilitation Costs
Workers who suffer long-term compensable work injuries in Coral Gables often need vocational rehabilitation and retraining to prepare them for a return to employment. Under workers’ comp, workers who incur these costs are eligible for benefits to cover these costs.
How Long Do You Have to File for Compensation in Coral Gables, Florida?
Florida’s workers’ compensation laws – Section 440.19 – provides that you have 2 years from the date it became apparent that you have suffered a work-related injury to file for a workers’ compensation claim. Failure to file in time, your claim may be denied and you may lose your workers’ compensation benefits. Regardless if you have suffered what are considered to be compensable work injuries in Coral Gables.
Florida has a secondary statute of limitations, where an injured worker has 1 year from the final date of payment of medical benefits to file a claim, if those benefits end without fulfilling employer obligations or all the medical treatments needed.
Call Today to Learn More about Compensable Work Injuries in Coral Gables
Under workers’ compensation, workers can only receive benefits if they’ve suffered compensable work injuries in Coral Gables. By working with an experienced Coral Gables workers’ compensation attorney, you can easily prove that your injury is work-related and that you deserve benefits for lost wages and expenses incurred.
If you aren’t sure whether your injury is considered to be compensable work injuries in Coral Gables, call us today at 954-833-5226 to schedule a free legal consultation with one of our workers’ compensation lawyers at Work Injury Rights.