Florida law requires most employers to maintain workers’ compensation insurance for their employees. When you are injured or become ill while on the job, you likely have a workers’ compensation claim.
A Miramar workers’ compensation lawyer at the Law Offices of Anidjar & Levine can help you get the maximum benefits for which you are eligible under the law. If any issues arise during the claim process or your benefits are denied, our Miramar personal injury lawyers can help.
What Kind of Benefits Can You Get in a Florida Workers’ Compensation Claim?
In the state of Florida, you could qualify for several benefits after suffering an injury on the job. These include:
Medical Expenses
Under Florida Statutes § 440.13(2), you could receive coverage for all reasonable and necessary medical treatment for your illness or injuries. However, you will need to seek care from a medical provider that your employer or insurance company authorizes.
Necessary medical care could include:
- Visits to a doctor
- Hospitalizations
- Surgeries
- Medications
- Physical therapy
- And more
Lost Wages
If your illness or injury causes you to miss work, you typically are not paid for your first seven days of lost wages. Most workers receive 66 ⅔ of their average weekly wages when they are receiving workers’ compensation benefits, but you could seek additional income benefits if your injury is more severe.
Death Benefits
If you lost a loved one to a work-related injury, you could seek up to $150,000 in compensation to cover costs related to your loss. This could include funeral expenses as well as benefits for the decedent’s spouse and children.
How Long Can You get Workers’ Compensation Benefits for Your Injuries?
You should start receiving benefits within 21 days of reporting your injury to your workplace, according to the Florida Division of Workers’ Compensation (DWC).
You can get workers’ compensation benefits for a total of 104 weeks if you are facing a temporary inability to work. These benefits could include Temporary Total Disability payments, Temporary Partial Disability payments, or a combination of the two.
If your injury becomes a long-term impairment or total disability, you could also be eligible for longer-term benefits.
How Our Workers’ Compensation Lawyers Can Help with Your Miramar Case
You might assume that since the workers’ compensation system exists, the insurance company will honestly and fully pay your claim. Unfortunately, that is not always the case. Like any other for-profit insurance company, their main goal may be to pay as little as possible toward your claim.
A Miramar workers’ compensation lawyer on our team can represent your interests to ensure that you seek all the benefits to which you are entitled. More specifically, while you focus on medical treatment and recovery, we can:
- Review and document your medical treatment
- Ensure that the insurance company has all relevant information about your illness or injury
- Work to get your benefits started as quickly as possible
- Negotiate with the insurance company to get you all the benefits for which you are eligible
- Appeal a denial of your workers’ compensation claim, if necessary
In some cases, you might also have personal injury or product liability claims against third parties. For instance, if your workplace injury happened as a result of defective equipment, you may have a legal claim against the equipment manufacturer. We also can investigate any potential third-party claims that you may have and work to get you compensation for your injuries and related losses.
How Can You Pay for a Workers’ Compensation Lawyer if You Can’t Work?
We know that you already may have financial concerns since you are injured or ill and likely missing work. Our law firm takes your case on a contingency basis, which means you pay us nothing to talk to us about your case or to hire us. We get paid only when you get a settlement in your workers’ compensation case.
If You Have to Prove That Your Employer was at Fault for Your Work-Related Injuries
Unlike most personal injury claims, you do not have to prove that your employer, another employee, or anyone else was at fault for your work-related injuries or illness. Workers’ compensation is generally a no-fault system. As a result, even if your own actions contributed to your injuries, you are still likely covered by workers’ compensation.
Can You File any Other Legal Claims if You get Workers’ Compensation Benefits?
You generally cannot file any other legal claims against your employer other than a workers’ compensation claim. However, if you have a legal claim against a third party related to your injuries or illness, you may be able to pursue that claim.
What Should You do if You Suffer a Work-Related Injury or Illness?
According to the Florida Division of Workers’ Compensation, you should report any work-related injuries or illnesses to your employer right away. However, you must report these injuries or illnesses to your employer within 30 days of becoming injured or ill. Otherwise, you might risk your claim being denied.
After you report your illness or injury, your employer has seven days to report the incident to the insurance company, although it should do so more quickly. The insurance company then has three days to send you an informational brochure about the workers’ compensation program.
Are There Deadlines for Workers’ Compensation Claims?
Under Florida Statutes § 440.19, you generally have two years to file a petition for workers’ compensation benefits. However, you may have shorter or longer periods to pursue these benefits, depending on what types of issues are involved.
There also is a statute of limitations that typically applies to open workers’ compensation claims. Your claim closes after one year has passed from the date of your last medical treatment or payment of workers’ compensation benefits. If you have any medical expenses for your illness or injury after your claim closes or after you settled your case, you are responsible for those expenses.
The Workers’ Compensation Attorneys at Our Firm Can Help You Seek Awards
Dealing with a work-related injury or illness is tough. You likely are worried about your finances and your ability to return to work in the future. You don’t have to handle your case alone.
Fortunately, a workers’ compensation lawyer serving Miramar on our team can help. Call the Law Offices of Anidjar & Levine today for a free consultation about your case.
We Can Help.
