A Melbourne workers’ compensation lawyer can help you through the legal system. The system was designed to protect employees who have suffered injuries while on the job. The benefits are accessible for all injured workers in Florida regardless of the fault. This means that an employee can receive workmen’s comp benefits regardless of whether they were the cause for the accident leading to their injuries.
A Melbourne personal injury attorney can help you if been injured at work. A workers’ compensation lawyer who is familiar with the rules of the board can provide an initial consultation for free.
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Are You Covered by Workers’ Compensation Insurance?
Workers may worry they don’t offer workers’ compensation coverage which leaves them exposed in the event of a catastrophic accident. There are a handful of exceptions the majority of companies are in Florida are covered under the system of worker compensation.
The law says that if your business is engaged in any other industry than construction and has at least four employees, whether full-time or part-time, the employer must carry workmen compensation coverage. Employers in the construction sector require workers’ insurance for compensation. A Melbourne workers’ compensation lawyer can give you more information.
What Should You Do If You’re Injured at Work?
There are some things to take care of when you’ve been injured in an accident on the job. Before you call a lawyer for workers’ compensation, be sure to inform your employer right away. This means informing your supervisor immediately, or any other authority in the office.
You can inform your employer in person, via phone, or by writing. When you inform your employer, ask them to complete an injury notification promptly to make certain that the claim gets its way to your employer’s insurance company.
If you’ve suffered an injury, you must also seek medical attention. If your employer has a doctor on staff take a trip to them. If not, go to your own doctor. You must get medical attention as soon as possible to ensure your injuries are recorded and will not be contested in the future.
And after you have notified your employer about your injury and obtained medical attention, then you should contact an attorney for personal injuries who is familiar with the workplace competition in Florida to get advice.
What Is the Most Suitable Time to Report a Work Injury?
Anyone who is injured at work should report the accident as soon as is possible. However, it shouldn’t be more than 30 calendar days following the incident. Your claim may be denied if you do not notify your injury within the specified time.
What If Your Employer Refuses to Make an Injury Report?
Apart from reporting the incident to your employer, your employer is also bound by their own obligations. To make sure that your claim is processed quickly and you receive your benefits as quickly as is possible, your employer must quickly notify their insurance carrier. If your employer refuses to report the claim and you are unable to do so, you should contact the insurance company to report the incident yourself.
The insurance company for workers’ compensation information should be posted somewhere in the office, providing the contact information of the insurance company. If not, contact the Florida Division of Workers’ Compensation Office of Employee Assistance and Ombudsman, for help to locate this information. Alternatively, further, call a local Melbourne workers compensation attorney for assistance.
Is a Workers’ Compensation Claim the Same Thing as a Lawsuit?
Those who haven’t dealt with workers’ comp claims before now might find it difficult to understand. Although it may seem like the worker’s compensation claim is similar to a lawsuit filed against an employer, the truth is completely different. A worker’s compensation claim is not a lawsuit filed against your employer, but rather a claim against the insurance policy that your employer purchased.
To learn more about workers’ compensation law, a reputable workers’ compensation attorney can provide good insight.
Can I Sue Instead of Filing a Workers’ Compensation Claim?
Can you sue your employer or a coworker, instead of filing a workers’ compensation claim? Unfortunately, no. Workers’ compensation in Florida, as well as other states, is often referred to as an exclusive remedy. This means that an employee is not able to bring an individual injury claim against his employer, even when no workers’ comp claim is brought.
The only exceptions are claims for workplace injuries that involve an outside party, which are still able to be brought in the court. For instance, if an employee from another company walked into your business and injured you and you were injured, you could file an action in civil court against the individual, but not against your business.
Does Fault Impact a Workers’ Compensation Claim?
In contrast to other personal injury cases and other personal injury issues, the workers’ comp system is unique in that it operates on a no-fault basis. That means workers’ compensation benefits are paid out regardless of the employee’s negligence or the specific incident that caused the injury. This is a good option for employees, as it eliminates any need to attribute blame to your employer or coworkers and speeding things ahead because an investigation into what caused the accident isn’t required.
This is also a good thing for employees, who aren’t worried about having to pay costly medical bills if they are at fault for the accident. The employee’s responsibility is only relevant if an injury was the result of intoxication or a deliberate intention to harm him or her. In these cases, the workers’ comp claim may be rejected. If the claim is denied, even if the person who is accused of the crime is innocent, you should contact a Melbourne, Florida workers compensation attorney immediately.
What Workers’ Compensation Benefits Are Available in Melbourne, FL?
Employers are required to cover medical expenses resulting from a workplace accident. Furthermore, employees may receive an amount of compensation for time taken off from work because of these injuries. This is paid at 2/3 of your pre-injury average weekly earnings.
Another good thing is that workers’ compensation benefits are not taxable, meaning that more of what you earn stays in your pocket. All of this can be handled by a lawyer. A good lawyer for workers’ compensation must be knowledgeable about all aspects of compensation insurance.
How Long Will You Get Worker’ Compensation Benefits?
In Florida, workers are allowed to continue to receive pay loss benefits regardless of whether they’re on no-work condition or have light duty work restrictions set in place without light-duty alternatives offered by your employer. If this is the case, they can receive a maximum of 104 weeks of benefits.
What Happens If You Are Still Injured After 104 Weeks?
It’s wonderful to know that those who suffer injuries have the right to receive 2 years of benefits. What happens if, however, you’re injured severely and are unable to recover within 2 years? If this happens you may be able to receive permanent disability benefits. These benefits for total disability permanent can be claimed until the time a person attains the age of 75 if injuries are serious enough.
Can You Choose Your Own Doctor?
Although there are exceptions to this general principle, workers’ comp cases generally do not allow workers to choose their own doctor. The reason is that most cases will be resolved by the insurance company. However, an injured worker has a right to submit a once-only change of physician request.
If the insurance company fails to select a different doctor for you to see within five days of your request, you are entitled to see any doctor you choose. To find out more about your options, contact a Melbourne workers’ compensation attorney.
What Is the Deadline for Filing a Florida Workers’ Compensation Claim?
The maximum time for filing a claim to benefits is technically two years. But this is dependent on the specific circumstances of your case. Also, even though an employee has two years before filing a claim the fact is that the delay in reporting the incident to your employer, or seeking medical attention can lead to severely hinder or reduce your chances of bringing a successful workers’ comp claim to claim benefits.
Therefore, it’s imperative to be quick to get in touch with a qualified Melbourne workers’ compensation attorney to begin the process of claiming. For more details, click here. about the statute of limitations in Florida for workers’ compensation claims.
Can Workers’ Compensation Claims Cause You to Be Fired?
Injured workers are often concerned about the possibility of their employer firing them when they file a workers’ compensation claim. It is a good thing that there is no reason to be worried about getting fired because of bringing a workers’ compensation claim. If this is a concern then the workers’ comp lawyer or the employer needs to be informed about the way workers’ compensation insurance should be used.
Florida employers are not able to fire employees who have filed workers’ claims for compensation with an attorney. Employers could face serious civil liability should they dismiss someone solely to pursue a worker’s comp claim. If this happens, the employee would be able to sue their employer for wrongful termination and possibly collect damages as a result of the lawsuit.
Call Our Melbourne Workers’ Compensation Lawyers
If you’ve suffered an on-the-job injury in Melbourne, after notifying the employer and then seeking medical attention, contact a Melbourne workers’ compensation lawyer for a no-cost consultation on the next step to assist you with your lost time from work. Call Workers’ Compensation Lawyers Coalition Fort Lauderdale at (786) 686-2857 for a free case review.