Workers in Florida are entitled to compensation when injured or get ill in the scope and course of their professional occupation. Florida is among the many states in America that give issue or workers’ rights the seriousness it deserves. Hence the state has strict procedural rules defining and enforcing various practices that secure an employee’s rights.
As an individual working in Florida, the law stipulates that you could qualify to pursue compensable work injuries. It would be best to work closely with a reputable and experienced Fort Myers workers’ compensation lawyer when fighting for your rights and interests.
At Work Injury Rights, we are a firm made up of a team of law experts with a combined 45 years of experience in handling workers’ compensation cases in Florida. Thus, we are confident that we are your best bet if you want reliable legal counsel and representation that committees to helping you win the case and recovering all the benefits owed. Call our Fort Myers workers’ compensation lawyers at 954-833-5226 or contact us online for a free case review and learn more about how we can help.
Table of Contents
What’s Workers’ Compensation?
According to Florida laws, workers’ compensation is no-fault insurance coverage, meaning the focus will not be on determining liability rather where the occupational accident took place. For example, you might have suffered an accident while at work executing your duties. Under the Florida state workers’ compensation act, you might qualify to recover damages even if the incident was your fault.
Therefore, we could help you seek the following benefits:
- Medical expenses and treatment-related losses
- Disability benefits, covering TPD, TTD, PTD, and PPD
- Physical therapy costs and rehab expenses
- Prescription medication costs
- Traveling expenses related to your treatment and recovery appointments
What Should I Do if I’m Hurt on the Job?
Being informed is to your advantage, especially regarding your rights as an employee. It is an element that we have seen in many of the workers that we have seen come to us to help them fight for their rights and secure their workers’ comp benefits.
Some of the steps that you should take after an accident in your workplace include:
- Take pictures of the accident scene and your injuries.
- Getting checked soon after the incident to ensure you have no life-threatening issues and getting treatments if necessary.
- Inform the relevant authority about the occupation accident. It can be your employer, team leader, supervisor, manager, or even the police in comes circumstances.
- Keep records of the incident reports, the medical report, and other essential documents.
- Consider hiring a reputable, dependable, and experienced Fort Myers workers’ compensation lawyer to help fight for our rights and interests.
- Rest and recover.
What Are Some of the Most Common Workplace Accident Injuries in Fort Myers, Florida?
Often, we have no one to blame when we get hurt or sick other than ourselves. Such events are an unfortunate part of life. However, sometimes they are incidents attributed to another’s negligence. Whatever the reason for the workplace accident, the resulting harm can include:
- Slip and fall injuries
- Back (spinal) and neck injury
- Joint pain
- Severe laceration
- Loss of eyesight
- Hearing loss
Why Should I Hire a Fort Myers Workers’ Compensation Lawyer?
We cannot dispute that individuals can represent themselves when pursuing workers’ comp cases. However, the chances of them getting a small settlement or their claims being denied are high. They lack adequate knowledge of what a workers’ compensation case entails and the various legal requirements and loopholes that exist, among other hurdles.
But the odds are in your favor when you get a professional to represent you. It is best to hire a Fort Myers workers’ compensation lawyer committed to ensuring your rights and interests are respected and protected. We are a law firm that will dedicate our resources to unearthing and presenting the truth that helps you get all the benefits owed.
How Much Does It Cost to Hire a Fort Myers Workers’ Compensation Lawyer?
We understand the strain that such legal matters can have, and that is why we focus on putting your mind at ease. Things might be unbearable for you financially, especially if you cannot resume work due to your injuries or illness. As such, we can provide a free initial consultation and case review. And if we take on your case, we can offer our legal services on a contingency fee agreement. Under this arrangement, you will pay us after we help you win the case and recover the benefits.
What Should I Do if My Workers’ Compensation Claim is Denied?
Workers’ comp claims being rejected is an all too familiar outcome that we most see in situations where individuals opt to represent themselves or work with inexperienced attorneys. However, a claim can be denied under different grounds. Still, we can help you appeal the denial. Our accomplished Fort Myers workers’ compensation lawyers can request the Workers’ Compensation Division in Florida to review the denial. Conversely, we can take the matter before the administrative law judge, and if this fails, we can file an appeal with the Florida Supreme Court.
What Responsibility Does The Employee Have in Filing a Workers’ Compensation Claim?
Florida’s workers’ compensation act stipulated that an employee must fulfill the following obligations when pursuing a worker’s compensation claim:
- Lower the risk of having a tough time pursuing compensation by ensuring that you adhere to workplace safety rules and procedures.
- Report occupational accidents as soon as possible after they happen (which should be within 30 days from the incident’s date). Ensure your employer and their insurance provider are aware of the incident, your need to seek treatment, and when you might resume work.
- Be ready to take a drug test to ascertain that you were not intoxicated while working.
- Gather evidence that proves the accident occurred while you were performing your work duties.
- Go for a medical checkup, get treated, and give yourself adequate time to recover, adhering to the workers’ compensation board’s directives.
- File a workers’ comp claim with the Division of Workers’ Compensation within 2 years of the workplace accident.
What Responsibility Does the Employer Have in the Workers’ Compensation Process?
According to the Workers’ Compensation Act in Florida, employers are also expected to honor several obligations regarding potential compensations an employee will file for an occupational injury or illness. The responsibilities include:
- Post a workers’ compensations compliance notice and ensure all employees are aware of the insurance coverage.
- Provide the staff with information regarding where to seek immediate treatment after a workplace accident.
- Fill and submit an occupational injury or sickness report to the Division of Workers’ Compensation.
- Inform the insurance company about the accident and worker’s treatment progress, recovery, and likelihood of resuming work.
- Preserve the injured employee’s job position.
Can an Injured Worker in Florida be Fired for Filing a Workers’ Compensation Claim?
While Florida laws give employers the right to revoke an employment contract if they deem an employee is not beneficial to their business, there are exemptions to this rule. The Florida Workers’ Compensation Act stipulates that no employer should fire a staff member because they claim compensation benefits for a work-related injury or illness.
Moreover, the law affirms the employees’ rights to retain their jobs when undergoing treatment and recover from work-related injuries or illnesses. But situations can be complicated, and having experience handling workers’ comp cases and the various legal hurdles involved play a significant role in getting a full settlement. Our Fort Myers workers’ compensation lawyer will take you through what to do if you are fired for claiming compensation benefits.
Is There a Statute of Limitations to Filing a Workers’ Compensation Claim in Florida?
Yes! The Florida Workers’ Comp Act gives employed individuals two years from when the workplace accident happened to file the claim. Nevertheless, we prefer starting the process sooner because it gives us ample time to investigate, gather evidence, and handle legal requirements. So, get in touch with our seasoned Fort Myers workers’ compensation lawyers today.
Can I Sue My Employer?
Some situations merit suing employers for occupational accidents. However, workers’ compensation insurance is coverage that protects you and your employer. As such, suing your employer isn’t sensible because the case will focus on protecting your rights and interests as you pursue compensation benefits. Speak to a Fort Myers workers’ compensation lawyer for more information.
Can Independent Contractors in Fort Myers, FL, File a Workers’ Compensation Claim?
Florida workers’ compensation laws dictate that individuals with statutory (permanent) employment qualify to claim compensation benefits. Since independent contractors aren’t considered employees, it means they cannot file the workers’ comp claim.
However, employers can take advantage of this rule to avoid paying the compensation benefits by misclassifying you as an independent contractor. Speaking to an experienced Fort Myers workers’ compensation lawyer will ensure that you get the best advice possible.
What’s My Fort Myers Workers’ Compensation Claim Worth?
Determining your compensation claims worth entails considering various factors associated with the losses incurred due to the occupational injury or illness. Some of the things
that our Fort Myers workers’ compensation lawyer will consider include:
- Your medical bills
- Prescription medication costs
- Rehab costs
- A percentage of your lost wages
- Travel expenses related to your treatment, rehab, and recovery therapy sessions
- Your income loss replacement benefit
- PPD (Permanent Partial Disability) benefits based on your disability rating from an authorized doctor complying with the AMA (American Medical Association) guidelines.
Call Our Fort Myers Workers’ Compensation Lawyer Today for Dependable Legal Counsel
As an individual working in Florida, the law stipulates that you could qualify to pursue compensable work injuries. It would be best if you considered working closely with a reputable and experienced Fort Myers workers’ compensation lawyer when fighting for your rights and interests.
We are a firm made up of a team of expert Fort Myers workers’ compensation lawyers with a combined 45-year experience in handling workers’ compensation cases in Florida. Thus, we are confident that we are your best bet if you want reliable legal counsel and representation that committees to helping you win the case and recovering all the benefits owed.