Winter Park Workers’ Compensation Attorneys
Experienced Winter Park Workers’ Compensation Lawyer
There may be a time when you suffer a work-related injury while on duty. If this happens, there is a possibility you are eligible to file for benefits under workers’ compensation. Florida, like other states, has detailed laws about how workers’ compensation benefits work. All of the laws are specific and to the point. It is a requirement for every employer in the state of Florida to carry workers’ compensation insurance. Any agriculturist (farmer) employing more than five staff members and twelve seasonal employees must maintain coverage for workers’ compensation insurance. Construction companies with a minimum of one employee must also have and maintain workers’ compensation insurance coverage. Employers and employees both receive protection from workers’ compensation insurance.
If you sustain an injury or exposure to a hazardous chemical or substance while on duty at work, you are eligible for workers’ compensation benefits. The specifics of your job may depend on the position you hold at the company where you are employed. For example, if you work in sales and have to drive a company car, you have workers’ compensation coverage while you are driving to a job for the company. Or if you work in a restaurant as a cook, you have workers’ compensation protection while you are on duty preparing food for customers. When you are hurt while on the job, workers’ compensation can give you the coverage you need. Workers’ compensation insurance will enable you to receive medical treatment and partial income to help you with your expenses while you heal from your injuries.
The workers’ compensation system assists workers who sustain work-related injuries while on duty. It will help workers receive medical care and income to help with living expenses while they heal from an injury from an accident on the job. Employers with workers’ compensation insurance have protection from expensive lawsuits that may cripple business finances while they are in operation. All states have laws in place indicating the type of workers’ compensation necessary for each employer that operates in their state. The laws of workers’ compensation in the state of Florida will provide you with the benefits necessary to survive if you sustain an on-the-job injury. The workers comp lawyers at Farah & Farah can explain to you the type of benefits you are eligible for if you get hurt while working.
Workers’ Compensation Benefits in the State of Florida
When you get hurt while working, you will have questions about the type of benefits you are eligible. Once you sustain an injury at work, and are unable to perform your job duties, and require medical treatment, workers’ compensation insurance has specific benefits you are eligible to receive. Compensation for workers includes three types of benefits for an employee with a work injury. You will be eligible for medical assistance, compensation for lost wages, and death benefits if you die while on the job. In order to receive any benefits, you will have to prove the injury you have took place while you were on duty and are due to your job. The workers’ compensation board will use the phrase, “major contributing cause” during your case. This simply means your job is more than half to blame for the illness or injury you have.
Your company’s workers’ compensation insurance carrier must provide medical treatment or cover your medical expenses if you have to see another physician for any injuries you receive while working on your job. They will only pay for expenses that are medical requirements to help any injury you receive while on duty. Medically approved treatments may include physical therapy, chiropractic visits, prescription medications, psychiatric counseling, a hospital stay, medical equipment, physical rehabilitation, expenses for travel to medical appointments, and caregivers.
As an employee hurt in a work-related accident, you must receive treatment from a doctor on the approved list given to you by your employer. The laws of workers’ compensation require your employer to give you a list of physicians with the authorization to treat you. Employees receiving medical treatment from managed care arrangements get to select a physician from the list and receive assistance from that doctor. Only doctors with the authorization from your employer will be able to provide you with medical treatment. When it comes to workers’ compensation claims, employers and their insurance carriers have to give physicians permission to treat injured employees, and the medical records from those doctors are the only ones used to determine eligibility for benefits. The laws in Winter Park, Florida indicate medical coverage be given to you free of charge until you receive a determination of maximum medical improvement (MMI). Once an MMI determination is given, you will have to pay a copayment of $10 for medical treatment.
If you do not make it to your appointment with the independent examiner, you will receive a charge for 50% of the bill, and you will have to pay it. Workers’ compensation insurance provides compensation to you for your lost wages because you are not able to perform your normal job duties because of your work-related injuries. Benefits for workers’ compensation in the state of Florida allow you to receive four types of wage replacement. The benefits available to you when you have a work-related injury are impairment benefits (IBs), permanent total disability (PTD), temporary partial disability (TPD), and temporary total disability (TTD).
Benefits paid to you for TTD will be a percentage of your average weekly wage up to the maximum payout allowed each week. If your approved treating doctor indicates you are unable to perform your job duties, your workers’ compensation benefits will be 66 2/3% of the income you made in the 13 weeks leading up to your work-related injury. TTD means that you will be able to return to your job in some capacity after your medical care and the recovery period is complete. You will eligible for TTD benefits for up to 104 weeks and any benefits you receive will be subject to Social Security and Unemployment Insurance benefit offsets.
When you receive a diagnosis of PTSD, you will be able to receive a specific maximum payment each week. You will receive these payments when you are not able to go back to work in any capacity after you sustain your injury. Once you have a PTD determination, you will be eligible to receive these benefits until you reach the age of 65. Like TTD benefits, your weekly amount will be 66 2/3% of your earnings. The benefit amount will stay the same as long as you have the disability. TPD benefits will be your compensation prior to you reaching maximum medical improvement (MMI) and when the physician clears you to return to your position on light duty. In order to return to a light-duty position, your company will have to have the work available, and you must meet all requirements for the company’s light duty specifications. Like the other benefits available, TPD will be a percentage of your average weekly earnings. If light duty work does not allow you to earn a minimum of 80% of your average wages before your injury, you will receive 80% of the difference between light duty earnings and your normal weekly earnings.
In Florida, you will only receive impairment benefits (IBs) when the doctor working with you for your medical treatment gives you a maximum medical improvement (MMI) grade. As long as you receive an IB grade from the doctor, you will receive impairment benefits due to your on-the-job injury. Impairment benefits are ¾ of your temporary total disability (TTD), and there will be a schedule of how the benefits will continue. For example, if you have 17% impairment, workers’ compensation will pay you 68 weeks of IBs. Benefits for your impairment will pay two weeks for every percentage of impairment up to 10%, when you have an impairment in the 11% to 15% range you will receive benefits for three weeks, you will receive 4 weeks of benefits for impairments in the 16% to 20% range, and 6 weeks of benefits will be the compensation for impairments 21% range or greater.
Workers compensation laws are difficult to comprehend, a Winter Park workers’ compensation attorney can assist you in getting all the compensation you are eligible to receive due to your on-the-job injury. When you sustain an injury while at work, call Farah & Farah and let them help you through this confusing time in your life. The workers’ compensation lawyer at our firm understand how each request for benefits should move forward. No two claims are alike, and we will sit down with you and review all the specifics of your case. Once we have a thorough understanding of your claim, we will be able to help you receive the benefits you are eligible for. Our firm will see to it that you receive the medical treatment necessary to get you back on your feet and back to work when you are able to return.
Representation for Third-Party Personal Injury Claims by Experienced Winter Park Lawyers
There are times when Farah & Farah receive inquiries from employees that sustain injuries while they are on duty. The majority of workers do not know they are not able to initiate legal proceedings against the company they work for due to their injury. Workers’ compensation insurance prevents litigation between employees and employers. By the same token, employers are not able to sue their employees if they suffer on-the-job injuries and file for benefits. It does not matter who is at fault in the accident; employees are eligible for compensation for the injury. Workers with injuries that file claims for workers’ compensation benefits in Winter Park can file suit against third-parties responsible for their injuries. When the illness or injury is because of negligent acts in the workplace, a third-party can face accountability in a personal injury claim. Farah & Farah have previously given assistance to many workers in their third-party injury cases due to on-the-job injuries. Our staff will evaluate and investigate your case specifics and notify you if you can file suit for a third-party injury. For example, if you sustain severe cuts and injuries while working with a saw that is defective on your job, your employer’s insurance carrier will have to pay your workers’ compensation benefits, but the manufacturer of the saw is also liable. In this instance, you can pursue the saw manufacturer for a personal injury claim. A Winter Park workers’ compensation attorney with experience in third-party personal injury cases will be able to help you file your claim and obtain the damages you are due as the result of your injury.
How Do I File for Workers’ Compensation in Winter Park?
If you or someone you love sustains an injury while at work, there are specific steps you need to take to file a workers’ compensation claim. An injury at work will bring stress and worry into your life. There may be times when you are unsure of how serious your injury is, and you are unsure how the injury will affect your income. The most important step you should take after getting hurt on the job is to notify your employer of your accident or injury to protect your rights to file a workers’ compensation claim if you need to. You must notify your employer within 30 days of the accident or within 30 days of the discovery of your injury. The sooner you file the report, the better, as it will be easier for you, and your attorney to prove the injury is due to your work-related injury.
Failure to notify your employer of your accident or injury on the job may result in a denial of your request for benefits. You do not want to jeopardize your opportunity to receive the benefits you are eligible for relating to your accident at work, so report your injury immediately and complete an accident report. Let your immediate supervisor or manager know you have an injury or were in an accident as soon as you can. If you have to go to the hospital and cannot give immediate written notification, as long as your employer knows the injury took place while you were working before you leave the facility, you will be okay. Once you are able to complete a written report, do so, and give all the specifics relating to the work-related accident or injury. Be very specific about what happened, and when, how and where the accident took place. Make sure you include the names of anyone who is a witness to your injury.
It is important for you to seek medical attention immediately, so you will know how serious your injury is. Keep documentation of all treatment you receive for the injury and keep copies of all paperwork for your records. Any physician you receive medical care from will need to know your accident or injury is due to an on-the-job injury to back up your claim for benefits. Once you give your employer notification of your injury, you will have to file a claim with the workers’ compensation board in Winter Park, Florida. After you notify the workers’ compensation board, your employer’s insurance carrier will begin to pay your medical expenses and your weekly wages. The best way to know your workers’ compensation claim gets to the board as soon as possible is to take your claim to the Florida Division of Workers’ Compensation and file it in person. When you reside in the state of Florida, you must file a claim for workers’ compensation benefits within two years of the injury or illness (or discovery of it), or you can lose out on claiming benefits. It is important to be specific and includes all details in support your claim.
What to Do If You are Hurt at Work in Winter Park Florida
An on-the-job injury is not something you can plan for, but they take place every day. Every employee needs to know what steps they should take if they are hurt while working. If you sustain an on-the-job injury, you need to do the following.
- Call paramedics for severe, or life-threatening injuries
- Obtain a copy of the workers’ compensation approved doctors list from your employer
- Notify your immediate supervisor or manager of your injury
- Give your supervisor all the names of witnesses so they can provide statements about your accident
- Obtain treatment from an approved workers’ compensation doctor
- Document all medical treatments you have for your injury and keep copies of all medical records
- Keep a record of your mileage for transportation to all medical appointments for your injuries
- Keep a record of all days you are unable to work due to your work-related injury
- File your workers’ compensation claim
- Schedule an appointment with a workers’ compensation attorney at Farah & Farah
Dedicated Workers’ Compensation Lawyer You Can Depend On
If you or someone you love sustains a work-related injury, your lives can be turned upside down. If you do not take all the necessary steps, your workers’ compensation claim may receive a denial. There may be third-party that is liable for your injuries. In some cases, you may have to file a claim for workers’ compensation with your employer and initiate a personal injury claim with a third-party. No matter the specifics of your case, it can be chaotic, confusing, and a source of unnecessary stress in your life. A Winter Park workers’ compensation lawyer will have the experience to see your case through to the end. They will fight for you and work to get you the compensation you deserve. If your injury is due to a third-party, Farah & Farah will investigate and work to discover all the facts relating to your case. We will work hard to get you the benefits necessary to cover your medical expenses, injury, and damages.
For close to 40 years, we have worked to help Winter Park clients with their personal injury and workers’ compensation benefits claims. Our workers’ compensation lawyer has the experience, resources, and skills to help you file a successful claim. If you have an injury due to a work-related injury, do not delay in getting the help you need. Call the Winter Park office of workers’ compensation attorneys Farah & Farah and let us work for you. We are available for consultations 24 hours a day, seven days a week to work with your schedule. We care about all of our clients and want to make sure they have the best possible representation to get the benefits they deserve. Do not waste any more time, call Farah & Farah for help today!