Why Do You Need a Workers’ Comp Attorney?
You can file a workers’ compensation claim on your own, but it is not recommended. Even employers and insurance providers will advise you to talk to a lawyer about your options, so you can make sure that you don’t make any avoidable mistakes. By letting our Hollywood workers’ comp attorneys lead the way, you can feel confident that your case is being handled by legal professionals who know Florida’s workers’ compensation system from top to bottom.
When you hire our firm, you can depend on us to:
- Navigate complex Florida's workers' compensation laws and regulations that might apply to your case.
- Collect evidence and testimonies to prepare a strong case that explains what happened and why you should be given workers’ compensation benefits or a settlement to pay for your losses.
- Represent you before administrative law judges during hearings about your workers’ compensation case.
- File an appeal if your claim has been unfairly denied.
- Protect your rights from start to finish as if we were representing ourselves.
Workers’ Compensation Laws in Florida
In Florida, most employers are required to carry workers' compensation insurance if they have four or more employees, including full-time, part-time, and seasonal workers. In the construction industry, even employers with one or more employees must have coverage. Under this broad application of workers’ compensation requirements, you are likely covered by workers’ comp insurance or should be, unless you are an independent contractor or another exempt type of worker.
Employees in Florida must report work-related injuries to their employer within 30 days of the incident or within 30 days of the date they knew or should have known that their injury was work-related. Once an employer is notified of an employee’s work-related injury, the employer must report it to the workers' compensation insurance carrier within 7 days. If an injured employee wants to take further action to pursue a workers’ compensation claim, such action must be implemented within two years of the original injury in most cases.
If there is a dispute between the injured employee and the employer or insurance carrier regarding benefits, the dispute can be resolved through the Florida Division of Workers' Compensation (DWC) or the Office of the Judges of Compensation Claims (OJCC). This process may involve mediation, hearings, or appeals, all of which can be handled with the representation and guidance of an attorney.
Workers’ Compensation Benefits in Florida
The primary goal of workers' compensation insurance is to allow injured workers to recover without worrying about their finances in the meantime. Oftentimes, it will provide necessary medical treatment at no cost to the injured worker, some form of wage replacement, and other benefits like rehabilitation services.
Importantly, an eligible injured worker can receive workers’ compensation benefits even if they are at fault for their own work-related injury because the insurance is based on a no-fault system; on the other hand, an injured worker who can use workers’ comp is usually barred from filing an injury claim against their employer for a workplace injury caused by the employer’s negligence. Under this system, both the employee and the employer can benefit from workers’ compensation.
Workers’ compensation benefits that might be available to you include:
- Medical benefits: Workers’ comp should cover the cost of all necessary medical care related to your work injury or illness, including doctor visits, co-pays, hospitalization, surgery, medications, and rehabilitation services.
- Wage replacement: Workers' compensation can provide wage replacement benefits, typically two-thirds of your average weekly wage, if you are unable to return to work right away after suffering the injury.
- Permanent disability: If you suffer a permanent or long-term disability due to a work-related injury, you may be eligible for compensation based on the nature and extent of the disability.
- Vocational rehabilitation: Vocational rehabilitation services may be provided to help you re-enter the workforce in a different capacity if you can’t return to your previous role or job.
Are You Eligible for Workers’ Comp Benefits in Florida?
As mentioned, most workers in Florida are covered by workers’ compensation because the state requires it of most employers with at least four employees. Even small businesses like mom-and-pop shops tend to have at least four employees when considering full-time, part-time, and seasonal workers.
Don’t assume that you don’t have workers’ compensation coverage just because your employer said you didn’t. In some cases, dishonest employers misclassify a worker to avoid costs associated with providing them with workers’ comp insurance. You might be eligible and not know it. Contact our firm and talk to a Hollywood, FL workers’ compensation attorney, so we can see if you should be considered eligible.
What Should You Do If I’m Injured on the Job?
If you are injured on the job, the most important thing to do is take care of yourself. Do what you can to get medical attention and avoid further injury. If possible, document the scene in case there are any questions later about what happened and why. Even though workers’ compensation is a no-fault-based insurance system, there are uncommon situations in which liability comes into question.
The next important thing to do is notify your employer about the accident at your first opportunity. If you never tell them about the accident, your access to workers’ compensation will be blocked. Also, don’t forget to talk to a workers’ compensation attorney for any questions, concerns, and legal representation that can help you make sense of the situation.
Common Workers’ Compensation Injuries in Florida
At Rosenberg & Rosenberg, P.A., we are proud to offer our comprehensive and reliable legal services to workers from all industries in Hollywood. Whether you work as a retail clerk, medical doctor, construction worker, educator, company executive, officer worker, restaurant chef, or any other type of worker, you can trust us to make sense of your case and help you pursue the workers’ compensation benefits you need to recover from your injury.
Our workers’ comp attorneys have worked on cases involving a variety of common and uncommon injuries, such as:
- Head injuries
- Fall-related injuries
- Crush injuries
- Injuries caused by unsafe or defective equipment
- Repetitive stress injuries (RSIs)
- Burn injuries
- Electrocution and shock injuries
- Occupational illnesses
- Sensory loss (blindness, deafness, etc.)
- And many more
Don’t Wait to Report an Injury
Please remember to never wait to report a workplace or work-related injury. Notify your employer or supervisor as soon as possible after it occurs or you become aware of it, such as if you were diagnosed with an illness that could be related to your occupation. In Florida, you typically only have 30 days to notify your employer, or else you could lose your right to file for workers’ compensation.
Injuries That Are Not Valid in Workers’ Comp Cases
Workers’ compensation insurance is not a guaranteed solution for people who are hurt at work. In some cases, an injury or the circumstances around it might not make a claimant eligible to receive benefits.
Circumstances that might make a workers’ compensation case invalid vary, including:
- Worker intentionally tried to get injured at work.
- Worker was injured while completing a work-related duty.
- Worker was engaging in unlawful physical violence when injured.
- Worker was under the influence of prohibited drugs or alcohol when injured.
- Worker willingly violated a company safety policy when injured at work.
- Worker is diagnosed with a psychiatric disorder not associated with a specific event or injury.
Not sure if your injury qualifies you for workers’ compensation benefits? Don’t just assume you can’t file. Talk with our legal team first to see what options might be available to you.
Let Our Firm Help You – Call Now
Getting the workers’ compensation benefits that you need after a work-related injury will probably not be as simple as it should be, especially not as simple as it seems on paper. To get trusted guidance that can show you the way through the entire process, come to Rosenberg & Rosenberg, P.A. in Hollywood, Florida. We are always standing by to hear from new and returning clients, so you can reach out the moment you have any questions or know you need legal representation.
If you were injured at work in Hollywood, call us at (888) 499-6206 or use our online contact formnow.
