If you get injured in your workplace, apart from the pain and suffering, you might lose your wages and even your career. Fortunately, regardless of how the accident or injury occurred, the Florida workers’ compensation law protects you by offering workers’ compensation benefits. Although you may be entitled to these benefits, receiving them is not always straightforward, and sometimes you may end up losing a part of or all the compensation benefits you deserve. This is where a Boca Raton workers’ compensation lawyer can help.
Keep in mind that the employers and insurance companies will be acting in their best interest. Your failure to follow the proper procedures and processes in case of a work accident may lead to a compensation denial by the insuring company. Fortunately, our Boca Raton workers’ compensation lawyers have many years of experience in Florida workers’ compensation law, and we can help you follow the legal procedures and negotiate on your behalf.
If you have been involved in a work-related accident or suffered a workplace injury, feel free to contact our Boca Raton offices at 954-833-5226 for a free case evaluation and expert workers’ compensation legal services.
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What is Workers’ Compensation?
The workers’ comp program is insurance contracted by an employer or company with the sole purpose of offering benefits in the form of medical care and wage replacement in case of an accident at work. Florida law requires employers to obtain workers’ comp cover for their employees.
Through workers’ comp, employees receive compensation for accidents at work regardless of their fault. This coverage also protects employers from personal injury lawsuits.
What Should I Do if I’m Hurt on the Job?
If you are injured in the workplace or while participating in a company errand, you may be eligible for workers’ compensation benefits under your employer’s workers’ compensation policy. However, the compensation is not automatic, and you need to follow the appropriate steps to ensure you get paid.
These steps include:
Get to a Doctor as Soon as You Can and Follow Your Doctor’s Instructions
The first thing to do after an injury in Florida is to see a doctor. Getting diagnosed and treated as quickly as possible is essential for recovering. It is also advisable that you call an ambulance if you are seriously injured. It is crucial to get medical help from a doctor approved by your employer. You should have a list of where to find him, usually on a poster in the break room or near the clock.
Tell Your Employer You are Hurt
Once you receive treatment and you are stable, you should report the accident to your employer. Even if you use an ambulance that the employer calls, we still recommend you notify the employer in writing. There is likely someone in your company that you need to contact, maybe your manager or someone in Human Resources. The first step in making a claim is usually alerting your employer of the accident, the time and place of the accident, and information about the doctors who treat you.
Start and Keep a Written Record of Your Injuries and Symptoms
Keeping records is essential when it comes to medical care compensation. After consulting your doctor, write down all the information you receive about the treatment, condition, and progression of the symptoms and injuries.
Take Photographs of Your Injury if Visible
Sometimes the lesion may be physically visible. In such a case, be sure to take photos of the injury while you are recovering. It helps to provide a backup on the written information about the progress of the damage. Typically, this often eliminates doubt about the type and scope of injury when claiming compensation.
File a Workers’ Compensation Claim with the Assistance of a Boca Raton Workers’ Compensation Lawyer
Florida law states that if you have an accident in the workplace, you have 30 days from the day of the injury to report to the employer. Then, the employer should report the same to the insurer within one week. Usually, an employee has a maximum of two years to file an employee’s compensation claim. Shortly after reporting the incident to the insurance company, you should receive a call from the insurance company explaining how to proceed.
Remember that filing a workers’ comp claim can be challenging, especially if you are already battling an injury. It’s therefore advisable to work with compensation attorneys who are familiar with Florida law like our team to help you obtain your compensation.
Rest and Recuperate
Once the filing process is complete, you can rest to recover. Typically, a compensation attorney will follow up for you.
What are the Most Common Workplace Accident Injuries?
Regardless of the nature of the workplace, an accident can result in a wide range of injuries. Here are the ten most common workplace injuries:
- Neck/Back Injuries
- Hearing loss
- Joint pain
- Machinery accidents
- Accidents on a business trip
- Construction accidents
- Traumatic Brain Injury
Why Should I Hire a Boca Raton Workers’ Compensation Lawyer?
The Florida Workers’ Compensation Act aims to offer injured workers medical assistance, care, and support. However, many compensation claims are denied by insurers. Although workers are entitled to receive benefits after workplace accidents, hiring a qualified employees’ compensation attorney in Boca Raton can help reduce the likelihood of losing benefits.
Whether you have an accident or an illness due to a poor working environment, a qualified Boca workers’ compensation lawyer with experience dealing with salary issues for workers in Florida like our team will effectively represent you and get you the benefits you deserve.
It is important to remember that hiring an attorney who can develop necessary strategies tailored to your specific circumstance provides the best chance of obtaining fair compensation. No matter how serious your accident, our Boca Raton workers’ compensation lawyers can help you get the benefits you are owed.
How Much Does it Cost to Hire a Boca Raton Workers’ Compensation Attorney?
The Florida laws have a limitation on the cost of hiring a Boca Raton workers’ compensation lawyer. The attorney receives payment on a contingency basis, which means a percentage of the settlement amount. The good thing is that you won’t pay any fees if you don’t receive the benefits.
The law stipulates that an attorney can only get a maximum of 20% on the first $5000, 15% on the next equivalent bunch and 10% on the first ten years, and 5% on the rest. As Boca Raton workers’ compensation lawyers, we go a step further to make it convenient for workers by offering free case evaluation and consultation.
What Should I Do if My Workers’ Compensation Claim is Denied?
If your claim is rejected/denied, you will receive a letter with the exact reason for rejection and information about appealing. You have two years from the accident to file a complaint unless you are appealing a benefits denial.
In this case, you have a year from the date of the last benefit or treatment. It’s always better to file an appeal as fast as possible. A Boca Raton workers’ compensation lawyer can help you to file an appeal in the State of Florida.
What Responsibility Does the Employee Have in Filing a Workers’ Comp Claim?
If you get a work-related injury, as the employee you have the responsibility to do the following:
- Report the injury immediately or as soon as possible to your employer or manager.
- Record and maintain the injury information you obtain from your employer, forms and correspondence from the compensation company for your employer, or information you receive from your doctor.
- Cooperate with the insurer’s requirements
What Responsibility Does the Employer Have in the Workers’ Compensation Process?
Once the employee is injured, the employer has the following obligations:
- Ensure that the first claim form or other equivalent document is completed and submitted to the Workers’ Compensation Insurance Company.
- If an injured employee needs immediate treatment due to a severe injury, the employer should call for an ambulance
- If the employee is still stable, the employer should direct the employee to a company physician or doctor.
Can I Be Fired for Claiming Workers’ Comp Benefits After a Job-Related Injury?
No. According to Section 440.205 of the Florida Constitution, employers cannot suspend or fire an employee for filing a workers’ comp claim in Florida. Typically, it’s “retaliation” and is prohibited by Florida state law. If you feel that you were fired or suspended due to claiming workers’ compensation benefits, call a Boca Raton workers’ compensation lawyer at Work Injury Rights today.
Is There a Time Limit for Filing a Workers’ Comp Claim in Boca Raton, Florida?
You have to apply with the Florida Workers’ Compensation Board within two years of the injury or illness. If you have already received employee benefits and need to re-apply, you have to do so within a year from the last benefit.
Can I Sue My Employer After a Workplace Injury?
The Florida workers’ compensation law is designed as a no-fault cover, ensuring workers’ protection irrespective of the party contributing to the negligence. However, there are exceptions to this law that allows you to sue the employer. Such exceptions include intentional injury, claim denial, a virtual certainty, and failure to have a workers’ compensation cover. This is why it is best to speak with a Boca Raton workers’ compensation lawyer.
Can an Independent Contractor File a Workers’ Comp Claim?
Persons working as independent contractors are generally not entitled to workers’ compensation benefits. Typically, it’s because they are not considered workers of that firm. However, they can still be eligible for workers’ compensation from their respective employers. The only exception is if the person is self-employed or works for an employer who doesn’t have compensation insurance.
To fully understand your rights as an employee or a contractor who is injured while working, it is best to speak with a Boca Raton workers’ compensation lawyer who can explain what your rights are and how best to receive the compensation you deserve.
What is My Boca Raton Florida Workers’ Compensation Claim Worth?
You may be entitled to a certain amount depending on the situation and nature of the accident, illness, or injury. This is why it is in your best interest to contact a Boca Raton workers’ compensation lawyer to fight on your behalf to get you the compensation you need and deserve.
Mainly, workers’ compensation benefits may cover :
- Medical bills
- Rehabilitation bills
- Doctor’s prescription
- A portion of lost earnings
- Transport expenses related to the accident
- Compensation for lost income
- Permanent Partial Disability (DPP)
Schedule a Free Consultation With a Boca Raton Workers’ Compensation Lawyer Today
Remember, while your company’s compensation department or their insurance carrier will investigate the accident, they are doing so while looking after their best interest. That may mean the amount paid may not be what you deserve.
As a team of professional lawyers in Boca Raton, Work Injury Rights can help you carry out a thorough investigation and negotiate for you to ensure you get what you deserve. Once you are involved in any construction, machinery, or motor vehicle accident in your workplace, get in touch with our Boca Raton workers’ compensation lawyers at 954-833-5226 to help you file a compensation claim. We offer free case reviews!