Workers' compensation is a form of insurance that employers must have in case one of their employees suffers an injury in the workplace and during the workday.
Once a worker suffers an accident at work, the employee can open a claim to apply for workers' compensation benefits as a form of insurance. It can be a complicated process, as employers generally deny that the injury occurred in the workplace. Thís is the reason why it is recommended that the worker seek the advice of a Workplace accident injury attorney who has experience in Florida, to ensure that he receives fair compensation. However, it should be noted that work accidents are not always the employer's fault. The personal injury attorney can help you to diagnose whether or not your case proceeds.
In Florida, to cover accidents, regardless of who is to blame, employees need to enjoy of workers' compensation coverage if the company has four or more employees, either full-time or part-time. Construction companies, which have one or more employees, must also have coverage. Government entities must also be covered, no matter how many employees work there.
Once you suffer an injury at your workplace, you have 30 days from the date of the accident to start the claim. So you must inform your employer as soon as possible about the injuries you suffered.
Once the employer receives your formal notice, he must notify the Florida Workers' Compensation Division and the insurance company. At that time, the employee will have two years to apply for workers' compensation benefits.
You should know that not reporting the injury within the statutory 30 days may cause your claim to be denied, and can be used as a defense against your claim.
If your employer does not intend to inform the insurance company about your injury, you can contact the insurer on your own.
If your employer does not have the insurance company that covers workers' compensation published, you can obtain the information from the Florida Workers' Compensation Division. They have a database that is permanently updated.
Once the employee submits their claim, an insurance company representative must make a detailed report describing how the injury occurred. You will be interviewed to provide accurate information about how the events happened. This interview process can be repeated several times, so it is recommended that the worker always be honest without exaggerating the facts.
When the case is completed, the employee will receive compensation for medical expenses and lost wages.
Partial, full-time, and temporary employees may receive workers' compensation benefits if they have suffered an accident at work. Florida Law requires employers to have coverage for these accidents. Occupational injuries can vary, from the slightest to those that disable the worker entirely.
Additionally, you must know that workers' compensation covers all accidents even if it was an error made by the employee that caused the accident. And as long as the employee has not been found under the effect of drugs or alcohol. In this case, the employee loses eligibility to receive benefits.
If your employer is not covered by workers' compensation insurance or refuses to report the injury, you can file a civil lawsuit to cover your medical expenses and recover lost wages.
Indeed, most cases of minor injuries are not usually disputed. But the advice of an experienced Labor Injury lawyer is always required to help you take the right steps. Within the established time set for you to receive the compensation you deserve.
Unfortunately, the most complex cases in which the employee suffers severe injury or total disability can be denied by the insurance company. The insurance company proceeds to deny the claim in an attempt to avoid paying large sums of money for a serious injury. These complex cases often end up in mediation, arbitration, or being heard in front of a judge.
The insurance company will have a team of lawyers to represent them, making accusations that will judge the nature of the injuries or allege that the injuries did not occur during the work. In the case of a denial of workers' compensation benefits, injured workers should seek an attorney with experience in workers' compensation to represent them.
There are cases where employers do not comply with the established protocol and may deny a claim, or have inadequate insurance coverage. If you or a loved one has suffered an accident at work, call the Gallardo Law Firm. Our workers' compensation team of lawyers are highly trained in defending employee rights. You deserve a legal representation of excellence, call (305) 261-7000 today, and schedule a consultation.