If you or a loved one has suffered a workplace or work-related injury or illness, you can file a workers compensation claim in Florida to recover lost wages and medical benefits. The following is a detailed guide to St. Petersburg, FL workers’ compensation.
The St. Petersburg workers’ compensation lawyers at WorkInjuryRights can help ensure that your claim is filed properly and that all applicable deadlines are met. Call our St. Petersburg attorneys today at [Phone] to request your free consultation and case evaluation.
What Is Workers’ Compensation?
Workers compensation refers to insurance coverage that’s purchased by a business or employee and offers benefits to employees that suffer injuries or become ill as a result of their job in exchange for them not suing their employer.
How Do I Know If My Work Injury Is Covered by Workers’ Compensation?
To determine whether your injury is covered by workers compensation in Florida, here are some general guidelines:
- The injury happened while you were performing work-related duties.
- You are an employee of the business or company.
- The injury was not the result of your own misconduct.
What Are the Types of Workers’ Compensation Benefits in Florida?
Workers compensation benefits in Florida are of 4 main types:
- Disability Benefits: Typically cover compensation for an employee’s temporary or permanent impairment or disability that results from the workplace or work-related injury.
- Rehabilitation Benefits: Typically help with vocational rehabilitation and other career support services if the work injury prevents you from returning to work in the same position.
- Medical Benefits: Typically cover the cost of medical treatment, medications, along with other medical expenses related to the work injury.
- Death Benefits: Typically provided to eligible surviving family members if a person dies due to work-related injuries.
What Should I Do If I’m Hurt on the Job?
If you are hurt on the job, you should do the following:
- Report the injury: You are required to report the injury to your employer within a maximum of 30 days from the date of injury.
- Seek Medical Attention: It’s always important to seek medical attention for your injury as soon as possible and follow the doctor’s instructions.
- Record Your Injuries: Take photographs of any visible injuries and keep a written record of your injuries and symptoms since all these will be valuable evidence when pursuing a claim.
- Hire a Workers Compensation Lawyer: It can be a good idea to hire a workers compensation lawyer to help you navigate the system and protect your rights.
- Rest and Recuperate: Rest is important for your recovery.
How Can a St. Petersburg FL Workers’ Compensation Lawyer Help Me?
The St. Petersburg FL workers compensation at WorkInjuryRights can help you in several ways if you suffer a work-related injury or illness, which include:
- Making sure that everything is filed correctly and within the set deadlines.
- Ensuring that you receive proper medical attention and that everything is properly documented.
- Helping you prove that the injuries were work-related.
- Negotiating with your employer’s insurance providers.
- Handling all hearings and appeals.
How Much Does a St. Petersburg FL Workers’ Compensation Lawyer Cost?
Workers compensation lawyers in St. Petersburg, FL, including those at WorkInjuryRights work on a contingency fee basis, meaning that they are only paid after securing an award or settlement on your behalf. The contingency fee is typically about 33%.
Steps for Filing a Workers’ Compensation Claim in Florida
Here are the steps to follow when filing a workers compensation claim in Florida:
- Reporting the injury to your employer within 30 days of it occurring.
- Seeking medical attention for your workplace or work-related injury or illness without delay.
- Hiring a Florida workers’ comp lawyer to help you gather evidence and build a strong claim.
- Submitting to an independent medical examination by your employer’s insurer to determine the nature of your injury or illness.
- Receiving your benefits within 21 days of reporting the injury if your claim is approved.
- Filing an appeal if the workers’ compensation claim is denied.
What Responsibility Does the Employer Have in the Workers’ Compensation Process?
Employers in Florida have several responsibilities in the workers compensation process, which include:
- Providing workers’ compensation insurance coverage for employees.
- Reporting workplace or work-related injuries to their workers’ compensation insurers within 7 days of the injury occurring.
- Ensuring that employees that suffer workplace or work-related injuries or illnesses receive the necessary medical attention.
- Investigating the circumstances of the workplace or work-related injury to determine whether any safety violations may have contributed to the injury and addressing such violations to prevent a repeat of the same in the future.
- Paying wage benefits to eligible employees that are unable to work due to their workplace or work-related injury or illness.
What Are My Rights After an On-the-Job Injury?
If you suffer an on-the-job injury in Florida, you have certain rights under the law, which include but aren’t limited to:
- The right to seek and receive treatment for a work-related injury.
- The right to file a claim for your work-related injury.
- The right to receive wage replacement benefits if you’re unable to return to work either temporarily or permanently due to the workplace or work-related injury.
- The right to appeal a workers’ compensation claim denial.
- The right to legal representation throughout the process.
What Can I Do If My Work Injury Claim Is Denied?
If your workers’ compensation claim in Florida is denied, you can appeal the denial by filing a petition for benefits within 2 years of the injury.
Are There Deadlines for Filing a Workers’ Compensation Claim in Florida?
Yes. You have filing a workers compensation claim to file a workers compensation claim with the Florida Division of Workers Compensation. Failure to file the claim within this timeframe may result in the denial of benefits.
Can an Independent Contractor File a Workers’ Compensation Claim in Florida?
No, an independent contractor cannot file a workers’ compensation claim in Florida since they are not regarded as an eligible worker.
Can I Be Fired for Claiming a Workers’ Compensation Claim?
No. You cannot be fired for claiming a workers’ compensation claim since you are protected under the law. If your employer retaliates against you for filing a claim, they can face serious consequences under the law.
How Successful are Workers’ Compensation Lawyers?
Workers’ compensation lawyers can be quite successful in securing benefits for injured workers, especially when handling complex cases or dealing with uncooperative employers or insurers. Their expertise in navigating the legal system, gathering evidence, and negotiating often leads to better outcomes and higher compensation than workers typically achieve on their own. However, success varies by case, and results can’t be guaranteed.
Can I Sue My Employer?
No. You typically cannot sue your employer for a workplace or work-related injury or illness. The workers’ compensation system provides employees that are injured on the job with benefits in exchange for giving up the right to sue their employer for those injuries.
What Is My St. Petersburg FL Workers’ Compensation Claim Worth?
The worth of your workers’ compensation claim isn’t easy to determine because it depends on several factors, which is why you should consult an experienced workers’ compensation lawyer to help you make that determination.
Contact Our Experienced St. Petersburg FL Workers’ Compensation Lawyers!
If you or a loved one has suffered a workplace or work-related injury or illness and had their workers compensation denied, contact the experienced St. Petersburg FL workers’ compensation lawyers at WorkInjuryRights via phone at [Phone] to schedule a free, no-obligation consultation and case evaluation.
