Call Now for Help: Florida Workers’ Compensation Lawyers, Winter Haven. On Your Side After an Injury
954-833-5226 ~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 Winter Haven 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 954-833-5226 to schedule a free consultation with a top workers’ compensation lawyer in Winter Haven.
Understanding Coverage Under Florida Workers’ Comp
In Florida, workers’ compensation laws ensure that employees who sustain injuries while working are entitled to appropriate compensation. It’s crucial to comprehend the variety of injuries covered and the criteria for qualifying for workers’ comp benefits.
Coverage for Serious On-the-Job Injuries
Workers’ compensation in Florida typically covers injuries incurred on the job, irrespective of fault. Even if the injury was due to a mistake on your part, as long as it did not involve drug or alcohol use or intentional harmful conduct, it is generally eligible for workers’ compensation coverage.
Recognition of Cumulative Injuries and Conditions
Not all workplace injuries are immediately apparent. Some develop gradually over time, often going unnoticed at first. For instance, repetitive motions might lead to conditions like carpal tunnel syndrome. Working in environments with hazardous or toxic materials can also lead to health issues that only manifest after prolonged exposure. If you experience such conditions, you might be eligible for workers’ comp benefits.
Eligibility for Injuries Occurring Outside the Workplace
Generally, workers’ comp does not cover injuries that happen outside the workplace. For example, injuries from a car accident during your commute are typically not eligible. However, if the injury occurred while you were engaged in a work-related activity, such as traveling to meet a client, it might fall within the scope of your employment and therefore could qualify for workers’ comp benefits.
Determining Your Coverage with a Winter Haven Workers’ Comp Lawyer
To ascertain whether your specific injury is covered under workers’ comp, consulting with an experienced Winter Haven workers’ compensation attorney is advisable. At Work Injury Rights, we offer a risk-free consultation to thoroughly assess your workers’ compensation case. Our team will provide expert guidance and help you understand the steps to move forward in your claim.
Contact us to schedule your complimentary consultation today. We are committed to helping you navigate the complexities of workers’ compensation and ensuring you receive the full benefits you deserve for your workplace injury.
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.
Key Procedures for Filing a Workers’ Compensation Claim in Florida
Navigating through Florida’s workers’ compensation program requires following specific procedures. This brief overview gives you the key steps, but a more comprehensive guide is available for those who need a deeper understanding.
1. Informing Your Employer Immediately
As soon as you sustain a workplace injury, it’s imperative to report it to your employer. For better documentation, it’s advisable to submit a written report detailing the incident. This creates an official record with a timestamp. Subsequently, your employer is required to submit a “First Report of Injury or Illness” to the Florida Department of Financial Services’ Division of Workers’ Compensation, which should be done within a 10-day period.
2. Attempting Direct Resolution with Your Employer
Prior to proceeding with formal steps, try to resolve the matter directly with your employer. Make sure that they have properly filed the injury report and that it includes your signature. If you observe that there’s been a delay in filing the report beyond the 10-day window, it may be necessary to take additional steps.
3. Seeking Legal Advice from a Winter Haven Workers’ Comp Lawyer
Due to the complexities involved in workers’ comp claims, seeking legal expertise becomes essential. Consulting with a Winter Haven workers’ comp attorney can significantly aid you in navigating the claim process, particularly if you encounter resistance from insurance companies in obtaining the compensation you rightfully deserve.
4. Filing a Petition for Benefits
In cases where a resolution isn’t achieved through direct discussions with your employer, the next step is to file a Petition for Benefits with the Office of the Judges of Compensation Claims (OJCC). This petition should comprehensively include your personal contact information, your employer’s details, their insurance company’s information, and an exhaustive description of the incident and the injuries incurred. The professional team at Work Injury Rights is available to assist you in ensuring that your petition is thorough and complete.
Detailed Components of Your Florida Workers’ Compensation Petition
It’s crucial that your petition thoroughly details your employment role, the specific nature of your injury, and the full scope of the injuries you’ve suffered. The petition should also list all your claims for compensation, which may include areas like unpaid benefits, interest, and legal fees. After finalizing your petition, make sure to provide copies to both your employer and their insurance company.
Recognizing Your Rights Post-Workplace Injury
It’s common for employees to hesitate in filing workers’ compensation claims due to concerns about potential employer retaliation. However, it’s important to understand that the process is regulated to prevent such retaliation. Any form of employer intimidation, wrongful termination, or coercion is illegal and can lead to serious legal consequences.
If you experience any form of retaliation following your injury, taking immediate action is crucial. Getting in touch with a Winter Haven workers’ compensation attorney can offer you the necessary legal support and advocacy. For prompt and expert assistance, contact us at 954-833-5226. Our experienced legal team is prepared to defend your rights and ensure you are treated fairly under Florida’s workers’ compensation laws.
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.
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 Winter Haven Workers’ Comp Lawyer Help Me?
A qualified workers’ comp lawyer in Winter Haven 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 Winter Haven 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.