Reporting a workplace injury immediately is your best bet compensation for medical expenses whether they’re ongoing or not. We can help you file your claim in a timely manner and are then with you throughout the entire process.
After your work injury, everything became difficult. You just wanted to get back on your feet, back to work and back to life as usual. Now there’s a problem with your workers’ compensation claim and you need those benefits.
In Florida, insurance companies and employers often fight workers’ compensation claims by:
- Disputing that your injury is covered by their policy
- Releasing you to work before you’ve recovered
- Dismissing your claim based on technicalities or incomplete information
- Denying responsibility for dangerous conditions
- Hiding evidence of on-the-job hazards
When you hire Farah & Farah to help with your workers’ compensation claim, you get more than just an advocate. Our attorneys can help you:
- Determine fault by investigating conditions and collecting evidence
- Find the right doctors to accurately diagnose and treat your injuries
- Pay all authorized medical bills resulting from your injury or illness
- Receive temporary disability benefits, including payment for lost wages
- Receive permanent disability benefits when applicable
- Complete all paperwork needed to successfully file your claim
We work tirelessly throughout the whole process to help you achieve the best outcome possible for your claim. We will be with you every step of the way. You are not in this alone.
If you have suffered an on-the-job injury, you may be entitled to receive worker’s compensation benefits while you recover and get back to normal. The process should be straightforward and simple, but it doesn’t always work out that way. If your employer or insurance company tries to deny your claim, you’ll want a proven legal team in your corner to fight for your rights.
What Am I Entitled To?
There is a wide range of benefits that workers can qualify for after being injured on the job in Jacksonville. Depending on the severity of your injury and your unique situation, you may be entitled to worker’s compensation benefits that include:
- Temporary Disability Benefits
- Permanent Impairment Benefits
- Permanent Total Disability Benefits
- Medical Benefits
- Vocational Rehabilitation
- Death Benefits
What to Do If You’ve Been Injured at Work
Taking the right steps after a workplace injury can go a long way toward a seamless worker’s compensation process. After your injury, you should:
- Report it to your employer as soon as possible
- Ask your employer which doctor to see about the injury for insurance purposes
- Call the insurance company handling your claim if instructed by your employer
- Go to an emergency room if it’s an emergency and your employer isn’t available
- Speak to a claims adjuster as soon as possible to find out what you need to do
- Fill out any forms provided by the insurance company and file the claim
- Contact a worker’s compensation lawyer if your valid claim is denied for any reason
Common injuries, conditions, and treatments in a workers’ comp claim
There are several types of injuries that workers can sustain in the workplace. Whether you work in a high-risk industry like construction or manufacturing or work at a desk, you can still get injured at work. Some of the most common injuries workers in Florida sustain include:
Some of the most common workplace injuries are caused by lifting, pulling, tossing, or pushing heavy objects. This can cause injuries to ligaments, tendons, and muscles. Overexertion can also affect a person’s blood pressure and lead to cardiac problems.
Repetitive Stress Injuries
Repetitive stress injuries (RSIs) are often not discussed along with other workplace injuries. While these injuries do not usually have traumatic causes, they can affect a person’s ability to work and enjoy their life. RSIs are most common in industries that require workers to perform the same motions over and over again (retail, manufacturing, construction, etc.). One of the most common RSIs is carpal tunnel, affecting the wrists and hands. Other RSIs can affect
Slip, Trip, and Fall Injuries
The National Floor Safety Institute states that 11% of all work injuries in men and 5% in women are the result of falls. Slips, trips, and falls are the primary cause of workdays lost due to injury and are the most common type of work injury.
Struck, Crushed, or Caught by Equipment
Many industries feature heavy equipment and other objects that can fall and cause crush injuries. Workers can also get caught in between heavy objects and sustain serious injuries. These incidents often occur when companies fail to inspect and maintain equipment or when workers fail to follow proper protocol when using heavy equipment.
Many people regularly drive as part of their jobs. This can include commercial truck drivers and traveling salespeople as well as those who regularly travel from one office building to another. Vehicle accidents are a leading cause of serious injuries in the workplace.
Lung Illnesses and Cancer
In many cases, workers are exposed to hazardous chemicals and particles in the workplace. Over long periods of time, this can lead to a worker developing lung diseases and various types of cancer. One of the most well-known types of cancer is caused by exposure to asbestos in the workplace. Mesothelioma has no cure, and workers are often able to obtain compensation for workplace exposure.
Treatments for work injuries
Treatment for work injuries varies widely depending on what type of injury there is and how severe the injury is. To qualify for workers’ compensation benefits, you will undergo an independent medical exam (IME). The IME is conducted to determine the extent of your injuries and to determine whether the cause of the injury was related to the workplace. Some of the most common workplace injuries include the following:
- Spinal Cord Injuries
- Traumatic Brain Injuries
- Open head injuries
- Broken or Dislocated Bones
- Hearing and Vision Loss
- Respiratory Problems
- Severe lacerations or amputations
Regardless of how minor or severe a work injury is, you need to report the incident and seek medical treatment. There are certain timelines in place for reporting work injuries, and you need to be sure you follow them. A Jacksonville workers’ compensation attorney will be able to help guide you through this process and seek the compensation you deserve.
Workers Comp Statistics
During the latest reporting year in the United States, the Bureau of Labor Statistics states that there were 2.8 million nonfatal workplace injuries or illnesses. When we look at Florida statistics, we can see that the leading fatal incidents for that year were caused by:
- Transportation incidents
- Falls, slips, or trips
- Exposure to harmful substances
- Violence and other injuries by persons or animals
In Florida, the private construction industry saw the largest number of fatalities. Transportation and material moving occupations were also a leading causes of Florida workplace fatalities. In this state:
- Men accounted for 95% of work-related fatalities.
- Workers aged 25 to 54 accounted for 63% of the work-related fatalities
- 85% of workplace fatalities were of those who worked for wages and salaries. The remaining were self-employed.
There are times when a work injury is so severe that a doctor determines they cannot perform their work duties (either temporarily or permanently). When this is the case, the injured worker is entitled to temporary total disability benefits (TTD).
TTD benefits are usually paid every two weeks, but they do not equal a worker’s total pre-injury salary. They amount to two-thirds of the worker’s pre-injury average weekly wage.
If a doctor determines that an injured worker can return to work, but with restrictions, they may qualify for temporary partial disability benefits (TPD). A worker will qualify for these benefits if they are earning less than 80% of their pre-injury average weekly wages.
There are limits to how much a person can receive from temporary total and temporary partial disability payments. These payments are only made for a maximum of 104 weeks after the work injury or until the workers’ compensation doctor determines that the injured worker has reached maximum medical improvement (MMI).
If a worker has reached these limits, they may qualify for impairment benefits (IB). If a worker’s injuries are determined to be permanent, they could receive impairment benefits based on a rating assigned by their doctor.
When you are seriously injured and believe you may be disabled, you need to secure an attorney. Your employer or the insurance carrier may try to deny that you are disabled in order to avoid paying the required benefits. Your Jacksonville workers’ compensation attorney will work to ensure you are treated fairly throughout this entire process.
How To Know If Your Employer Has Workers’ Compensation Insurance
In Florida, an employer is required to have workers’ compensation if they have four or more employees, whether full-time or part-time. This requirement is different for those in the construction industry. Any construction company that has one or more employees (including the owner) is required to carry workers’ compensation insurance.
If you work for a state or local government entity, your employer is required to have workers’ compensation insurance.
Employers who operate a farm that has more than five regular employees and/or 12 or more other workers (seasonal, temporary, etc.) are required to carry workers’ compensation insurance.
Nearly all employees who are not independent contractors or self-employed must have Florida workers’ compensation. Employers who do not have workers’ compensation insurance face penalties from regulators.
You can search to see if your employer has the required workers’ compensation insurance by clicking here to access the Florida Chief Financial Officer’s database. If you discover that your employer does not have workers’ compensation insurance, you need to ask yourself – should I continue to work for them?
Without protection from workers’ compensation insurance, you may not be able to secure money to cover your medical expenses and lost income from an injury. While you would be able to file a personal injury lawsuit against your employer, that process can be lengthy. If you need to report your employer for not having workers’ compensation insurance, you can do so by clicking this link for the state’s non-compliance reporting page.
Trust Your Case to Farah & Farah
At Farah & Farah, we understand how frustrating it can be when you are denied your basic rights after being injured at work. You have given your time and energy to help the business succeed and then are abandoned when you need them most. Our compassionate team of lawyers will fight for the compensation you deserve, so give us a call today.