No matter your job, you may be susceptible to a workplace accident or injury. A workplace injury isn’t always falling off a ladder or suffering an electrical shock as a construction or electrical worker. Sometimes injured workers develop repetitive stress injuries like carpal tunnel in a computing job.
Injured workers have the right to pursue medical treatment and compensation by making workers’ comp claims. Workers’ compensation can allow for temporary disability payments and medical treatment. However, Florida has business-friendly legislation that could make it difficult for you to receive the compensation to which you are entitled.
As soon as you file your workers’ comp claims, you should find a workers’ compensation attorney to represent your interests. You can search for a “workers’ compensation attorney near me” online to get started. Below, the workers’ compensation lawyers at Lyle B. Masnikoff and Associates, P.A., describe workers’ comp claims in Florida.
What Do I Do If I Suffered a Workplace Injury?
If you experience an injury at work or due to work, you have 30 days to report your injury to your workplace. Your workplace must send their injury report to their insurance company within seven days of you reporting the incident. When the insurance company receives the information, they have three days to send you an informational brochure.
When you report your injury to your employer, you should seek a workers’ compensation law firm to represent your interests with your employer and their insurance company. Many workers’ compensation insurance providers will pay less than their fair share for workers comp claims. Experienced workers’ comp attorneys can help you fight for your entitled benefits.
How Do Workers’ Comp Claims Work in Florida?
Your rights under workers’ compensation laws include:
- the right to compensation for lost wages
- the right to appropriate medical treatment for your injuries
- the right to permanent disability payments if permanently disabled from the injury
- the right to choose a new doctor
- the right to seek retraining or rehabilitation to return to work
While out of work for your injury, you may receive up to 66 2/3% of your average weekly pay for temporary total disability (TTD) for up to 104 weeks (approximately two years).
You may also receive temporary partial disability (TPD) benefits for up to 104 weeks after your injury if you return to work and can’t perform at the same level before your injury. TPD benefits pay 80% of the difference between 80% of your wages before your injury and what you can earn now.
For example, if you earned $700 per week before and now can only earn $400, your TPD benefits would be .8 x [(700 x .8)-400]=128. So on top of your payment of $400, you would receive $128 in TPD benefits.
Other benefits include coverage of any authorized doctor visits due to your injury. The workers’ compensation insurance company must authorize your doctor to provide medical treatment for your injuries after a workers’ compensation claim.
You should be aware that in Florida, your employer does not have to retain your job for you when you return.
If your employer’s workers’ compensation insurance company denies your claim, contact your workplace injury compensation attorney immediately.
How Do I File a Workplace Accident Claim to Get Compensation for Medical Treatment?
When you alert your employer to a workplace injury and your workers’ compensation insurance company approves your claim, they will direct you to their authorized medical provider for assessment. This will often be a local hospital or urgent care clinic. If you prefer to visit your doctor or another medical professional, file a petition to change doctors with the workers’ comp provider.
How Do I Find a Workers’ Compensation Attorney Near Me?
You can find many workers’ compensation lawyers online or ask for recommendations from friends and family. Finding the right workers’ compensation attorney can make all the difference between being denied your workers’ comp benefits and getting the maximum disability support while you’re out of work.
Read each law firm’s reviews and look for any notable cases of public record to narrow down your options. Once you have your top choices ready, call each law firm and ask several questions to determine the best option for you. Some questions you should ask include:
- What payment structure do you use?
- Do you offer a free consultation?
- Is the consultation with a lawyer or an office staff member?
- What is your availability for questions?
- How long have you practiced workers’ comp law?
The law firm that gives you the answers you like most is the right choice for you.
Lyle B. Masnikoff and Associates, P.A.: A Florida Workers’ Compensation Law Firm That Goes the Extra Mile
Call Lyle. He’ll go the extra mile. The entire Lyle B. Masnikoff and Associates, P.A. team has helped numerous Florida workers receive just compensation for their injuries. Most importantly, there are no fees unless we win.
Copyright © 2022. 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.