Workers’ Compensation Claim
Here is a basic introduction to workers’ compensation issues and concerns.
What is the workers’ compensation program?
It is a social insurance designed in the early 20th century to support workers injured on the job. Prior to the institution of workers’ comp, hurt employees generally had to sue their employers and prove fault – this resulted in clogged up court systems and a lot of unfair decisions. Workers’ comp was designed as a “no fault” system, so that a hurt worker could gather benefits without having to go through a legal battle with his or her employer.
Who pays out workers’ comp benefits?
Generally, the employer’s insurance company covers costs.
Has it gotten harder over the past decade to file a Jacksonville Beach workers’ compensation claim?
Legally speaking, it has. Prior to October 2003, injured employees could get a second opinion from a physician of her choosing. But today, your employer’s insurer can often control your choice of physician. The 2003 amendment to the Jacksonville Beach workers’ compensation laws also made it more difficult for claimants to easily pursue legal action.
What factors must be present for you to make a workers’ compensation claim?
You got hurt on the job or in the course of doing a job (e.g. driving to a work meeting).
If you weren’t following employee safety rules, can you still collect benefits?
In many cases, yes. If you were improperly using an appliance or disregarding safety rules, you can be docked 25% of your cash benefits.
Can your boss fire you while you are collecting workers’ compensation in Jacksonville Beach?
Florida law allows your employer to find someone else to fill your position while you are on leave. However, if your boss fires you for filing (or trying to file) a workers’ comp claim, that’s a totally different story. That’s illegal, and you can and should fight back.
Do you have to pay for your employer’s workers’ comp insurance?
No. That is your employer’s responsibility.
Where can you go to find out whether you have a case in Jacksonville Beach?
Connect today with the accredited Jacksonville Beach workers’ compensation lawyers at Farah & Farah. Whether you are dealing with an uncooperative employer or a stonewalling insurance company, we can provide a free and confidential consultation. Call us now at 904-834-4043.