Port Charlotte Workers’ Compensation Lawyer
Workers’ compensation is a no-fault insurance program meant to provide hassle-free medical care and lost wages to workers injured on the job. When an employer or an insurer stands in the way of your benefits, you can count on our award-winning Port Charlotte workers’ compensation lawyers to fight for the benefits you deserve. Call us today at 941-291-0457, and let us go to work for you.
When you’ve been injured at work, you need medical care and a stable income as soon as possible. Florida’s workers’ compensation laws protect employees from financial ruin following a workplace injury by requiring most employers to carry workers’ compensation.
Many employers put up roadblocks to deny injured workers their well-deserved benefits. Insurers refuse to authorize necessary medical treatment and underpay wage benefits. You shouldn’t have to fight your employer and a powerful insurance company alone. We pride ourselves on helping those who need it most. Our experienced work accident lawyers are ready to fight for you and get you the compensation you deserve. Contact us today for a free consultation.
How Does Workers’ Compensation Work in Port Charlotte, FL?
The Florida workers’ comp law requires most employers to carry workers’ compensation insurance. When you are injured on the job, workers’ compensation is supposed to quickly provide medical care and disability benefits until you can return to work. One of the primary advantages of the program is that you can receive benefits without having to go to court or prove fault against your employer.
Filing a claim should be as simple as reporting your injury to your employer. Unfortunately, it’s not always a smooth process. Employers and insurers might deny your claim, pay a lower disability benefit than you deserve, or refuse to cover the necessary medical care. Our Port Charlotte workers’ compensation attorneys can pursue your claim and hold your employer accountable for the benefits you deserve.
Who Is Eligible for Workers' Compensation in Florida?
Florida law requires most employers to purchase workers’ compensation insurance covering their employees’ job-related injuries and illnesses.
To qualify for workers’ compensation, you must be covered by an employer’s workers’ compensation insurance policy, and your injury or occupational illness must meet the following criteria:
- The injury occurred while carrying out duties in the course of employment.
- A work-related accident or illness must be more than 50 percent responsible for your condition.
- For repetitive use injuries, you must have clear and convincing evidence that you engaged in a repetitive task enough times and long enough to result in the injury.
- You must have a diagnosis of “objective relevant medical findings,” not just subjective symptoms such as pain.
- You must have medical evidence to support that the accident is the cause of your injury or illness when your condition isn’t obvious.
Factors that Disqualify You for Workers’ Compensation Benefits
Employers are not required to provide coverage for you if you work as an independent contractor. Florida workers’ compensation law defines an independent contractor as a business owner who operates a separate business from the employer. Although an employer may call you an independent contractor if you receive a 1099 for tax purposes, this does not make you an independent contractor. Employers can receive stiff fines and penalties for misclassifying workers to avoid workers’ compensation.
You cannot receive workers’ compensation benefits if you get injured because of intoxication or the use of an illegal substance. You also cannot receive benefits if you intentionally injured yourself or were trying to injure others.
Employers with excessive accident histories typically pay higher workers’ compensation premiums, motivating many to make it difficult for employees to receive benefits. Such an employer may falsely accuse you of being drunk during the accident.
Contact us now if your employer uses such underhanded tactics to escape payment on your workers’ compensation claim. We can clear you of wrongdoing or hold an employer accountable for misclassifying you as an independent contractor.
How Long Do I Have to File a Workers’ Comp Claim in Florida?
You should report your injury immediately to your employer to get medical attention and start receiving care. The state requires you to report an injury within 30 days after the date you are injured or become aware of your injury.
If your employer denies your claim, the workers’ compensation statute of limitations in Florida requires you to file a petition for benefits within two years after the injury date. If your employer stops your treatment early or pays lower disability benefits than you deserve, you have one year from the date you last received benefits to file your claim.
These deadlines are firm. If you miss the filing deadline, you will lose your right to file your claim. Don’t jeopardize your workers’ compensation benefits. Call our workers’ compensation lawyers in Port Charlotte today at (941) 291-0457 for a free consultation.
Workers' Compensation Benefits in Port Charlotte
Florida workers’ compensation benefits include the following:
- Medical care
- Partial wage replacement, which may be paid weekly, biweekly, or as a lump sum
- Death benefits for certain family members
Medical Care Under Workers’ Compensation
Your employer must cover your medical care and select your doctor—except for initial emergency treatment, which is reimbursable. If the employer fails to provide a doctor within a reasonable time, even after you request treatment, the law allows you to seek treatment from a doctor of your choosing and bill the insurer for your expense.
After the initial examination and treatment, the insurer will review your medical plan. The insurer must authorize the workers’ comp doctor to commence treatment. If you don’t like the doctor, you can request a change one time.
How Much Does Workers’ Comp Pay for Lost Wages in Florida?
Workers’ compensation replaces some of your wages when you cannot return to work at full capacity. The amount you receive will vary depending on your average weekly wage for the last 13 weeks before the accident, whether you can perform any work, and how long your injury will prevent you from working.
Wage replacement benefits include the following:
- Permanent total disability pays 66.67 percent of your average weekly wage if you cannot perform any work, including sedentary work, within 50 miles of your home.
- Temporary total disability pays 66.67 percent of your average weekly wage for up to 104 weeks or until you reach your maximum medical improvement. Your benefits then convert to permanent impairment benefits.
- Permanent impairment pays 75 percent of your average weekly wage, paid biweekly, for a length of time that varies based on the degree of your disability, known as the impairment rating.
- Temporary partial disability pays 66.67 percent of your average weekly wage or 80 percent of the difference between 80 percent of your earnings after and before the accident, whichever is greater.
Death Benefits Under Workers’ Compensation
Surviving family members of workers who die from a workplace injury or illness may be eligible for death benefits. To qualify, you must be a spouse, dependent child, dependent parents, or other dependent family member. Benefits include 66.67 percent of the average weekly wage, divided between the dependents, with a maximum lifetime combined benefit of $150,000. Death benefits may be paid weekly or as a lump sum.
Does Workers’ Compensation Pay for Pain and Suffering?
Workers’ compensation only pays for lost wages and medical care. Pain and suffering damages are only available through a personal injury lawsuit. You cannot sue an employer covered by workers’ compensation, but you can sue other parties that contributed to your accident, such as the following:
- A general contractor
- A property owner
- A defective equipment manufacturer
Our Port Charlotte workplace injury lawyers are dedicated to maximizing your compensation. We understand that your losses for a serious work injury may go well beyond what workers’ compensation pays. We will look for other liable parties and file a personal injury lawsuit in Charlotte County on your behalf.
What If My Employer Doesn’t Have Workers' Compensation Insurance?
All Florida employers must carry workers’ compensation if they have four or more employees. Construction companies are always required to carry it, regardless of the number of employees. If your employer doesn’t carry workers’ compensation, your only remedy will be to file a personal injury lawsuit. The drawback is that lawsuits typically take longer to resolve than workers’ compensation claims, and you will have the burden of proof that your employer’s negligence caused your injury.
You can also report the employer to the state. Employers who fail to provide the required workers’ compensation coverage face severe penalties.
How to File a Workers’ Comp Claim in Florida
Filing a workers’ compensation claim in Florida is as simple as reporting your injury to your employer. In most cases, your immediate supervisor can take the report, but your workplace may have another designated person who handles workers’ compensation claims, such as a human resources manager. Once you report the injury to your employer, the rest of the responsibility lies with the employer.
Your employer must report your injury to its workers’ compensation insurance company within seven days of receiving your report. If the employer fails to do so, you can report the injury to the insurance company yourself or contact the Employee Assistance and Ombudsman Office.
Under Florida law, the employer must post information about how to report your injuries. The information should include the name and contact information of the insurance company.
We Are the Workers’ Compensation Lawyers You Want on Your Side
We have been protecting workers since 1979. We are well-versed in the tactics employers and insurers use to cheat injured workers out of their deserved benefits. We have won over $2 billion in settlements and verdicts for injured accident victims, and our results are no accident. We win through caring, understanding, and hard work.
When you hire our workplace accident attorneys, we will assign a team of top-notch lawyers and paralegals to handle your case. They will share their resources, strengths, and experience to develop the most effective strategy to maximize your results. We treat every client like family—with honesty, dignity, and respect.
We answer our clients’ calls and proactively keep them informed. We will spend time with you to ensure you understand everything happening with your case. We will navigate the legal system for you, deal with the insurance company, and negotiate aggressively to settle your workers’ comp claim. We have the most respected medical and financial experts in the state working for us, and we will leverage their expertise to strengthen your case.
There is no upfront cost to work with our Port Charlotte workers’ comp attorneys, and you only pay if we win.
Client Success Stories
Our experience makes all the difference, demonstrated by the outstanding results we consistently achieve for our injured clients. Below are just a few examples of the thousands of workers’ compensation case results we’ve won over the years:
- $1.5 million for the wrongful death of a mother killed by poorly maintained machinery in the workplace.
- $1 million for a worker who was injured on the job and developed complex regional pain syndrome.
- $227,942 for an injured worker after the insurance company delayed his surgery and downplayed his injuries.
- $150,000 for a security guard who was injured when a gun fired because it lacked a safety mechanism.
Let Team Farah Handle Your Port Charlotte Workers’ Compensation Claim
Whether you need to file your initial workers’ compensation claim or the insurer has delayed, denied, or underpaid your claim, we are here for you and here for good.
We know how important it is for you to receive your workers’ compensation benefits immediately so you can continue paying your bills and receive the medical care you need.
Contact our Port Charlotte workers’ compensation lawyers online or call us today at 941-291-0457 to schedule your free consultation.
free case review
YOU AND YOUR FAMILY
Injured?
Related Blogs
