Suffering an injury or illness on the job is often overwhelming. Aside from dealing with painful injuries, you could be without a job or means to support yourself. Thankfully, most employers in Florida carry workers’ compensation insurance, according to theFlorida Division of Workers’ Compensation. Under this program, you could recoup your medical bills and a portion of your lost income.
Navigating the claims process isn’t easy, though. For help seeking benefits, our Florida workers’ compensation lawyers could assist you. During your free case review, the Law Offices of Anidjar & Levine can explore your options. We may also be able to file a personal injury lawsuit for you.
You Have Rights Under Florida’s Workers’ Compensation Laws
UnderFlorida Statutes § 440.055, every employer with four or more employees is required to carry workers’ compensation insurance or have a clear written notice that they do not. This protects their employees in the event of a work-related injury.
Florida also operates under a no-fault workers’ compensation system, meaning that it doesn’t matter if you caused your own injuries. As noted earlier, a successful claim could recoup damages for your medical expenses and lost income after a workplace injury.
You Must Prove Various Aspects of Your Workers’ Compensation Claim
Some workers’ compensation cases are clear. Others, however, are not.
Florida requires that the following aspects are present to prove a work-related injury:
- Jurisdiction: We must demonstrate that the accident or injury occurred at a time and location when the employer was subject to workers’ compensation laws.
- Employment: We must provide evidence that you were, in fact, legally employed at the time of injury.
- Injury: We must identify that an injury or illness did occur and prove that the condition merits compensation.
- Causation: We must prove that the injury or illness was caused or worsened by an event at work.
- Notice: We must demonstrate that appropriate notice was given to the employer regarding the accident or injury.
Failing to prove any of these points can result in a workers’ compensation claim being denied. We will work to prove each characteristic of your work-related injury by obtaining the necessary documentation.
Supporting documents might include medical records, an expert physician’s statement, co-worker statements, employment records, and accident reports.
What Do Workers’ Compensation Benefits Cover?
Work-related injury costs can quickly add up. Florida workers’ compensation benefits could cover the following expenses:
- Medical costs immediately following the injury
- Anticipated future medical costs
- A portion of your lost income
- Required medical equipment or household renovations
- Loss of earning capacity
- Loss of work-related benefits
It is important to evaluate all the areas of your life in which the injury or illness has adversely affected you. This will allow us to come up with an appropriate settlement amount.
A loss of earning capacity is an important factor to consider. If you are left with a permanent injury, it is possible that your employment options will be limited. We can account for all of these elements in your case.
You Do Not Have to Prove Negligence in a Workers’ Compensation Case
Unlike personal injury cases, you do not have to prove that your employer’s negligence led to your workplace injuries. However, if you want to hold a third party liable, you will need to do so.
Some potentially liable third parties may include:
- A subcontractor
- An equipment manufacturer
- A third-party driver
How Our Florida Attorneys Can Help with Your Workers’ Compensation Case
Our goal is to get the benefits you need. This is easier said than done, though. The insurer could contest the nature of your condition. Your employer might fail to file your claim on time.
To keep your case moving forward, here are some of the ways in which we can serve you:
We Offer Free Initial Case Reviews
It is likely that you have a lot of questions about the claims process. Every injury is different, and it is important that we evaluate the specific details of your case. A complimentary and confidential consultation is a great way for you to get to know our legal team and how we can assist with your workers’ compensation claim.
You can get answers about:
- How much money you could get
- The timeframe of your potential case
- Whether you qualify for benefits
- How our lawyers can handle your case at no upfront cost
We Can Advise You on Your Next Steps
Filing a workers’ compensation claim can be confusing, especially when you are already dealing with injuries. We can explain the importance of following these steps when we manage your case:
- Notify your employer promptly. Florida requires that you notify your boss within 30 days of the accident or the initial symptoms of an illness, per the Florida Division of Workers’ Compensation Insurance.
- Receive medical care immediately. Failing to receive medical care immediately makes it difficult to demonstrate a correlation between the injury and the work-related task.
- Submit a claim. Florida requires workers’ compensation claims to be filed within two years of the injury or illness start date.
Other recommendations could support your case for compensation.
We Can Manage Your Workers’ Compensation Claim in Florida
The liable insurer will conduct its own investigation regarding your claim. However, it is acting in its own interest, and the first offer may not fairly compensate you. We can assist you in completing a thorough investigation. Additionally, we will negotiate on your behalf to get what you deserve.
It is more important than ever before to hire representation with your best interest in mind. Florida laws have changed over the last few years. These laws now prevent the injured party from seeking their own medical opinion. Additionally, legal fees are limited in workers’ compensation payouts.
This places the power into the insurance provider’s hands, and it can complicate the entire process. We are prepared to work with you and navigate your case’s challenges.
We Can File Your Lawsuit if Your Case Reaches That Point
We typically won’t file a lawsuit if we can resolve your case through insurance negotiations. However, there are situations when a lawsuit might be necessary. For example, if your employer did not carry workers’ compensation at the time of your injury and they were required to, we can open a direct suit against them.
We can also file a lawsuit if the liable insurance company blatantly refuses to resolve your case. There are some situations in which you can directly sue an insurance company, perFlorida Statutes § 624.155.
The Insurer Might Deny Your Workers’ Compensation Case Based on the Following
You can trust your workers’ compensation lawyer in Florida to believe your side of the story. We can use your case’s evidence to prove that you were injured while doing your job. Yet, the insurance may assert the following to derail or otherwise deny your claim:
- You were engaged in “horseplay” before getting hurt. This means that you were fooling around or otherwise disengaged from your duties.
- You were hurt after physically assaulting another person.
- You were under the influence of drugs or alcohol, which contributed to your injuries.
- You did not abide by your workplace’s established safety protocol. This could include failing to wear protective gear or misusing equipment.
We know what insurance companies do to deny claims. We will not tolerate any accusations that you caused your own accident or otherwise do not deserve damages.
The Law Offices of Anidjar & Levine Is Here to Help With Your Florida Workers’ Compensation Case
Working with a workers’ compensation lawyer who is familiar with Florida laws can help you get the benefits you are owed. Begin your free case review now by calling us.
We Can Help.
