Florida Workers' Compensation Attorneys
We are experienced workers’ compensation lawyers who help people find the right lawyer for their situation. If you would like our help please contact us at (800) 807-9530. We have created a nation wide network of tough attorneys who fight for their clients and get results and know the best Florida work injury attorneys for your case. Call us for a free consultation and a referral to an attorney who only gets paid if they make a recovery for you.
In Florida, the Division of Workers’ Compensation handles work injury cases. These are not lawsuits, but rather claims against your employer’s insurance company. Generally, all injuries that arise out of and in the course of your employment are covered. This includes everything from sudden injuries like a slip and fall to repetitive trauma cases like a sprained shoulder from excessive lifting. Occupational disease injuries such as exposure to fumes also are covered. However, not all employers are required to have workers’ compensation coverage – these laws do not apply to employers with fewer than four employees.
In Florida, you are covered regardless of who was at fault for your injury. Mainly, you have to show that your injuries arose out of and in the course of your employment. In other words, if you got hurt while doing something work related and during work hours, you are typically covered. Injuries resulting from a mistake – you weren’t paying attention and you got hurt – are generally covered. In most cases, you cannot sue your employer for negligence.
These are the main benefits that you should be eligible for under Florida workers’ compensation law:
- Payment of 100% of your medical bills. As long as you see an authorized physician, there are no out-of-pocket expenses for treatment that is reasonable and related to your job injury.
- Temporary total disability. If you are unable to work, you can get 2/3 of your average weekly wage for up to 104 weeks. If your injury is critical, you may be able to get 80% of your wages for up to six months.
After reporting a workplace accident, your employer, or the workers’ compensation insurance company, will send you to a doctor. As long as you see an authorized physician, there are no out-of-pocket expenses for treatment that is reasonable and related to your job injury. If you elect not to treat with the workers’ compensation doctor, and treat with a medical provider of your selection, such unauthorized care will not be paid for by work comp, and any recommendations for treatment or assigned work restrictions can be denied or ignored by the workers’ compensation carrier. There is an exception if your injury is a true emergency.
Once your doctor tells you that you are at Maximum Medical Improvement (meaning you’re as good as you’re going to get), you may be given a permanent impairment rating. You may receive additional impairment benefits based on this rating.
Attorney’s fees in Florida work injury claims are contingent in nature: if you don’t get a settlement, you do not owe any attorney fees or costs. If you do settle your workers’ compensation case, you pay your attorney fees and costs from your settlement proceeds. The starting place for these fees are as follows: 20% of the first $5,000, 15% of the next $5,000, and 10% of anything beyond $10,000. However, this is just a starting place, and can vary based on the specific Judge presiding over your case.
In Florida, the law requires you to give your employer notice of your injury within 30 days of the accident. If you fail to provide proper notice your case can be dismissed.
Like other Florida cases, there is a statute of limitations (a time limit) for filing your case or it will be forever barred. You have two years from the date of the injury to file a petition with the Division of Workers’ Compensation. This formally notifies your employer and the state that you are pursuing your case.
Because a claim for benefits is not a lawsuit against your employer, your law firm deals directly with the insurance company, not the employer themselves. Unlike health insurance coverage disputes there is an opportunity for quick action to make a disputed job injury case better. If the insurance company is found to have acted unreasonably, they may be charged with penalties
If you would like our help please contact us any time.
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