Workers’ compensation is the legal remedy for employees who get injuries while working on the job. Essentially, it means that your employer financially compensates you for suffering an injury or disability as part of your assignment. However, navigating the complexities of the legal system can be challenging.
Many injured workers prefer using an attorney who focuses on workers’ compensation to ensure their rights stay protected and that their claim has the best chance of winning.
Keep reading to learn more about how to file a workers’ compensation claim. For answers to additional questions, please contact one of our experienced attorneys at The Law Offices of Lyle B. Masnikoff and Associates P.A. at 877-817-4127. We will also provide you with a free initial consultation about your potential issue or claim.
1. What do I do if I was injured by a tool or equipment while working?
If a tool or piece of equipment injured you on the job, you have a workers’ compensation claim, whether or not the device malfunctioned. A no-fault system is in place, which means that it doesn’t matter how you sustained the injuries. The accident happened during work, and that means the workers’ compensation laws in Florida cover it.
2. What is not covered by worker’s comp benefits?
Lost wages, medical treatment, and settlements are the only things that the workers’ compensation law in Florida covers. Pain and suffering, which personal injury claims might cover, are not included in workers’ compensation settlements.
3. Should I worry about losing my job after filing workers’ compensation claims?
In Florida, it is illegal to fire someone for filing a workers’ compensation claim. Laws prevent your employers from firing you solely based on filing a claim, although they can still let you go for other reasons. It’s reasonable to worry about losing your job, but not protecting your rights and failing to seek medical treatments can hinder you long-term.
If your employer threatens to fire you for filing a claim or tells you not to file a claim, you should report it to a workers’ compensation attorney immediately. Your workers’ comp attorney will file the workers’ compensation claim to protect your interests and get you the treatments you need.
Similarly, if your employer refuses to report your work-related injury to their insurance company, your attorney would contact the state of Florida and request a formal investigation into your employer’s conduct.
You don’t even need to find out your employer’s insurance company since our attorneys will discover that information. Our investigators are qualified to report the injury and the employer’s refusal to disclose it to the insurance company. This information then becomes included as part of your claim and eventual settlement.
4. What if my company goes out of business while I am receiving workers’ compensation benefits?
Even if your company goes out of business, this turn of events should not affect your workers’ compensation case or benefits. The claim for lost wages and medical treatment bills goes through your employer’s insurance company, not your employer. That insurance company is responsible for ensuring that you receive the benefits to which you are legally entitled.
If the money is coming directly from the employer, going out of business could affect your benefits. However, that is an unusual situation and happens very rarely.
5. What benefits are typically available under workers’ compensation?
Medical treatments are the most common benefits, including seeing a chiropractor, seeing a general practitioner, or receiving pain management. Depending on the type and severity of your injuries, you may also be eligible for temporary total benefits, which you can get for up to two years if you’re unable to return to work.
You might also receive permanent total disability checks if the injuries are severe enough to mean you can never return to work in the same capacity. You will receive these wages until you reach age 75 if you qualify.
6. Do I need an attorney for my Florida workers’ compensation case?
Here at The Law Offices of Lyle B. Masnikoff and Associates P.A., we always recommend retaining legal guidance in workers’ compensation cases. We’ve handled thousands of cases and are more than prepared to help you however we can. Many people wait until they encounter an issue in their case before turning to an attorney, but you can avoid those mistakes by hiring one from the start.
Attorney Lyle Masnikoff and his associates will ensure that you have proper access to the doctors you need to see and that your legal rights stay protected. Another note is that you will not need to worry about how to pay for our services. Our West Palm Beach law firm is contingency-fee only, meaning that you only pay if we win your case.
That means you will pay no fees unless you win your case and collect your compensation.
What have you got to lose? Contact our firm now. We welcome Spanish- and Creole-speaking clients. Our practice has multilingual staff and attorneys who are willing to meet your needs and go the extra mile.
If you have further questions or want to schedule your free consultation, call our workers’ compensation lawyers firm, The Law Offices of Lyle B. Masnikoff and Associates P.A. at 877-817-4127 or complete our online form. We serve clients throughout Florida with convenient office locations in West Palm Beach, Fort Lauderdale, Orlando, Fort Pierce, Miami, and Port St. Lucie.
Copyright© 2021. Lyle B. Masnikoff & Associates, P.A. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
Lyle B. Masnikoff & Associates, P.A.
543 NW Lake Whitney Place, Suite 106
Port St. Lucie, FL 34986