You work hard for your money. You should be protected while you’re at it. The good news is, you are. Under Florida’s workers’ compensation laws, almost every injury sustained while on the job will be covered.
Unfortunately, far too many people in Florida never get the workers’ compensation they’re entitled to. This happens for numerous reasons, including confusion about who qualifies for workers’ compensation and what it covers. In other cases, injured workers receive money from their claim, but it isn’t nearly enough to cover all their medical expenses and damages associated with the injury.
Here we discuss a few of the most critical points to consider if you’ve suffered an injury while on the job.
Florida workers’ compensation is “no-fault,” meaning that even if you were 100% responsible for your injury, you’re eligible to receive benefits. There are very few exceptions to this. If your workers’ compensation claim has been denied, contact a workers’ compensation attorney who can investigate the denial and help you file an appeal.
Most Florida employers are required to carry workers’ compensation insurance. The Bureau of Compliance in Florida provides industry-specific guidelines on this topic. In some cases, whether a worker can pursue a workers’ compensation claim will depend on their trade classification and the number of employees working for the employer at the time of the injury. An experienced workers’ compensation lawyer in Florida can help determine whether your employer is required to provide workers’ compensation insurance. If not, they can explain alternative means of obtaining compensation.
One of the most significant downsides of a workers’ compensation claim is that it prevents you, the claimant, from suing your employer. This means that the benefits received under a workers’ compensation claim are the maximum amount of benefits you can receive from the employer. It may be the case that workers’ compensation benefits cover only a fraction of your medical costs and wage loss.
Workers’ compensation benefits only cover medical expenses and wage loss associated with the injury. Non-economic damages, such as the pain and suffering experienced as a result of the injury, are not covered.
Third-party injury claims can be very beneficial. Although a worker who has received benefits from a workers’ compensation claim cannot sue their employer, they CAN sue third parties who are at least partially at fault for the injury. This is an excellent way to pursue additional compensation, including pain and suffering. A seasoned workers’ compensation attorney in Florida can help you identify all liable parties and pursue claims against them.
It is illegal for employers to punish you in any way for filing a workers’ compensation claim. Remember that not all forms of “punishment” are obvious. For example, intimidation tactics, not receiving a promotion, and other subtle types of unfairness should be noted and brought to the attention of a lawyer experienced in workers’ compensation law.
You have 30 days to notify your employer of your injury. After 30 days, you can still pursue a claim, but beware that it is more likely to be denied. Discuss your situation with a Florida workers’ compensation attorney as soon as possible if you believe you’ve been injured but have not reported the injury to your employer. Do not assume you are ineligible to receive benefits – there are several reasons you might have a valid claim.
Independent contractors usually do not qualify for workers’ compensation benefits. The exception is independent contractors who work in the construction industry. If you’re unsure whether you’re classified as an independent contractor or an employee who works in construction, speak to a lawyer who can help determine how and from whom to pursue compensation for your injuries.
Fenstersheib Law Group In Hallandale Beach, FL: Workers’ Compensation And Third-Party Injury Claims Lawyers
At Fenstersheib Law Group, we provide our clients with tremendous experience in personal injury and workers’ compensation law. We make filing a claim as seamless as possible, with honesty, transparency, and compassion every step of the way.
If you or someone you love has been hurt during the course of employment, don’t hesitate to contact us. We want to hear your story and ensure you get every penny you’re entitled to.
The sooner you act, the better off you’ll be.
We proudly serve Hallandale Beach, Hollywood, Miramar, Fort Lauderdale, West Palm Beach, Orlando, Sarasota, Tampa, and Jacksonville, FL.
Call Us Today at 800-TELL-ROBERT.
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About the Author
The Lawyers at Fenstersheib Law Group, P.A. provide personalized legal representation for personal injury cases.
The Fenstersheib Law Group, P.A., located in Hallandale Beach, Florida, is proud to provide legal representation in the following Florida cities and throughout the state of Florida:
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