Call Now for Help: Florida Workers Compensation Lawyers, Port Saint Lucie. On Your Side After an Injury
954-829-7077 ~Hablamos Español~
If you or a loved one has suffered serious injuries while on the clock, the attorneys at Work Injury Rights can help. Our team is dedicated to helping workplace injury victims seek justice and fair compensation for their suffering.
What we offer:
- An Attorney Experienced in Workers’ Compensation Claims
- A Track Record of Millions Recovered for Similar Victims
- 24/7 Availability | Free Consultations | No Fee If We Don’t Win
Our Port St. Lucie injury lawyers will help you navigate the legal processes after an accident to ensure that you get the compensation you deserve.
Call our office today at 954-829-7077 to schedule a free consultation with a top workers’ compensation lawyer in Port St. Lucie.
What is Covered By Workers’ Comp in Florida?
Florida workers’ compensation law states you are entitled to adequate compensation if you’ve been injured in the workplace. Here is what you need to know about the types of injuries and how they qualify for workers’ comp benefits.
Serious Injuries Suffered On the Job
Regardless of whether you were at fault for your injuries, as long as you were not under the influence of drugs or alcohol or acting with malicious intent, your on-the-job injury will likely be covered under workers’ compensation.
Cumulative Events and Injuries
There are times when the injuries being sustained are not readily noticed, as they occur over an extended period of time. For example, repetitive motion can cause carpal tunnel syndrome, and working in contaminated or toxic work environments can have other effects on health that may not be noticed until months or even years later. If you suffer from conditions like this, you may also be eligible for compensation.
Aggravation of Pre-Existing Conditions May Be Covered
When a worker has a pre-existing condition, the key question becomes whether the work-related injury or illness aggravated or worsened that condition. If it did, then the worker may be entitled to workers’ compensation benefits.
In Florida, the law requires that the work-related injury or illness must be the major contributing cause (MCC) of the disability or need for treatment. This means that the work injury must be more than 50% responsible for the aggravation of the pre-existing condition.
Injuries Outside the Office Are Sometimes Covered
For the employees injured, for the most part, if your injuries take place outside the workplace, they are not covered by workers’ comp. For example, if you were in a car accident on your way to work, you can’t be compensated for your injuries. But, if you were involved in an accident while on your way to meet with a client, this could be considered within the “scope and context” of your work and would therefore make you eligible for workers’ comp benefits.
The best way to know for sure if workers’ comp covers your injuries is by getting in contact with a knowledgeable Port St. Lucie workers’ compensation lawyer with Work Injury Rights.
We’ll provide you with a risk-free consultation, examine the details of your workers compensation case, and provide you with guidance on how to move forward.
Call to arrange your FREE consultation today!
What Does Workers’ Compensation Pay For?
In general, workers’ compensation is designed to pay for medical expenses and treatment that are required as a result of your injury, in addition to replacing some of the income you lost as a result of your injury. While the whole workers’ compensation system is not perfect, it is set up to allow injured workers to receive comprehensive medical care and recover fully from their injury before returning to work, without having to worry about falling into financial ruin as a result.
Below is a list of some of the things workers’ compensation benefits will pay for:
- Your medical bills (with authorized treating physicians)
- Any rehab costs
- A percentage of your lost wages
- Prescription medication
- Any necessary travel expenses related to the treatment of your injury
- Your income loss replacement benefit, which will be two-thirds of your average weekly wage (with a cap of $575 per week)
- Permanent Partial Disability (PPD) – This is an additional sum of money if the authorized treating physician issues a disability rating in compliance with the American Medical Association Guidelines
What Should I Do if I’m Hurt on the Job?
If you have become injured on the job, it is only natural to feel alarmed. But you will want to keep a clear head and act to protect your interests. Here are some important things you should do in the aftermath of a workplace injury:
- Tell your employer you are hurt
- Take photographs of your injury and collect details
- Have your injuries examined by a Medical Professional and follow your doctor’s instructions
- Start and keep a written record of your injury and symptoms.
- File a workers’ compensation claim with the assistance of a workers’ compensation attorney.
- Rest and recuperate.
Filing a Florida Workers’ Compensation Claim: Key Steps
Navigating the Florida workers’ compensation program involves certain steps. This summary outlines them, but a more detailed guide is available for in-depth understanding.
Notify Your Employer
Report any workplace injury to your employer promptly. Ideally, submit a written notice to document the incident and its details. This helps in creating a record with a timestamp. Your employer must then file a “First Report of Injury or Illness” with the Florida Department of Financial Services’ Division of Workers’ Compensation within 10 days.
Try to Settle the Matter Directly
Before escalating the issue, attempt to resolve it with your employer. Ensure they have filed the report and include your signature on it. If there’s a delay beyond 10 days, consider further steps.
Consult a Port St. Lucie Workers Comp Lawyer
The complexities of workers comp claims often necessitate legal expertise. A Port St. Lucie workers comp attorney can guide you through the process, especially if you face challenges from insurance companies in securing your rightful compensation.
Submit a Petition for Benefits
If direct resolution fails, file a Petition for Benefits with the Office of the Judges of Compensation Claims (OJCC). This should include your contact details, your employer’s, their insurance company’s, and a detailed account of the incident and injuries. The team at Work Injury Rights can assist in this process, ensuring your petition is comprehensive.
Essential Elements of Your FLORIDA Workers’ Compensation Petition
Your petition must comprehensively outline your role, the specifics of the injury, and the full extent of injuries sustained. It should also enumerate your claims for compensation, covering areas like unpaid benefits, interest, and legal fees. Once completed, ensure your employer and their insurance company receive a copy.
Understanding Your Rights Following a Workplace Injury
Many employees are apprehensive about filing workers’ compensation claims against their employers, fearing repercussions or employer retaliation. However, these procedures are standardized to safeguard against such issues. Retaliatory actions by employers, such as intimidation, wrongful termination, or coercion, are illegal and can lead to additional legal complications.
Should you face any form of retaliation post-injury, it’s crucial to act promptly. Contacting a Port St. Lucie workers’ compensation attorney can provide the necessary legal support. For immediate assistance and guidance, reach out to us at 954-829-7077. Our experienced team is ready to defend your rights and ensure fair treatment under Florida workers’ compensation law.
What Can I Do if My Workers’ Compensation Claim is Denied?
Employers and their insurance providers will always look for reasons to deny claims and make minimal payouts. If your claim has been denied altogether, it is likely in your best interest to file a dispute with the state.
If your claim was denied, you will enter a process that accompanies this denial. There are three steps in this process.
1. Notification of Denial
Your employer’s insurance provider should provide you with a notification of receiving the report within a few days of receiving the report.
After this, they will investigate the claim and provide their decision within 30 days.
Many claims will be categorically denied. If you have received a Notice of Denial, don’t worry; numerous courses of action can still be taken to get you the compensation you deserve.
2. Appealing a Denied Claim
Injured workers seeking to obtain compensation or appeal a denied claim can petition the OJCC, the Office of Judges of Compensation Claims.
There is a two-year window of opportunity to file your appeal, so it will be important to act quickly. At this point, the insurance company can choose to change their decision and pay compensation or submit a response justifying their decision.
Furthermore, even if insurance initially says they will pay, it does not mean they will not challenge the claim later.
3. Mediation
Finally, mediation will be held to work out any disputes, and the judge will make a ruling. If no resolution can be reached or the outcome is unfavorable, the ruling can be appealed once again.
In this case, an administrative hearing will be held with the Judge of Compensation Claim. This will be much like a trial setting, and both sides will present evidence.
You will be asked to expound on the nature of your injuries, how they were sustained, and how they prevented you from performing your duties. The judge will then issue a ruling within 30 days, and even this ruling can be appealed further.
How Can a Port St. Lucie Workers’ Comp Lawyer Help Me?
A qualified workers’ comp lawyer in Port St. Lucie will be able to guide you through this complex system of workers’ compensation laws and recover the compensation you need to make a full recovery. Because we have extensive experience in these claims and processes, our insight can greatly increase the value of your claim as well.
Contact a Port Saint Lucie Workers’ Comp Lawyer at Work Injury Rights Today for a Risk-Free Consultation!
If you’ve been injured in a workplace accident, the implications can impact your life considerably. The team of Florida workers’ comp attorneys at Work Injury Rights have handled thousands of workplace and personal injury cases in South Florida and throughout the state. We are ready to stand by your side through the entire process, fighting to get you the fair compensation that you are entitled to under the law.
Call Work Injury Rights at 954-833-5226 today to receive a risk-free consultation and excellent legal assistance. We will examine the details of your case, and provide you with the best possible solution to your situation.
