Workers’ Compensation – Need a Lawyer?

Have you been injured at work? Workers’ compensation benefits are designed to compensate employees financially, while also covering their medical expenses for the treatment of the on-the-job injury. Suffering an injury at work isn’t just a painful experience; it can also be a very frightening experience as many employees are left wondering how they’ll pay their bills and their medical expenses. This is why workers compensation benefits exist; to help injured employees, providing them with the medical care and money they need to survive while they recover from their on-the-job injury.

But the process of filing a workers’ comp claim doesn’t always go smoothly and in some cases, an employer may treat an employee unfairly.  This is where our Florida workers’ compensation attorneys can assist, as we work to help you file a claim and if necessary, file a lawsuit to help you recover the compensation you deserve.

Based in Orlando, Florida in Orange County, our talented team of attorneys take a “clients first” approach to each and every case. Being injured on the job is a bad experience, but seeking the benefits you deserve shouldn’t be.

Read more below about common FAQs, what to do, and how a Workers’ Compensation lawyer can help you.

What Employees Are Eligible for Workers’ Compensation Benefits in Florida?

In Florida, workers’ compensation benefits are available to all employees who are injured on the job. Independent contractors are exempted.

Florida’s employee comp system is a no-fault system, meaning you don’t need to prove that your employer was at fault for the injury. You simply need to prove that you sustained an on-the-job injury in the course of performing your duties.

What Is a Workplace Injury?

A work injury is an injury sustain while performing work duties.  So for example, if your boss asked you to go to the Florida Citrus Tower in Clermont to take a picture for the company website and you get into a car accident and sustain injuries, the injuries would be considered work related.  In another example, you are a data entry clerk for a company in Leesburg and over time you develop carpel tunnel syndrome, this may be considered a workplace injury.

Our attorneys are well versed in all work injury related issues and will be able to develop a plan that will get you compensation.

What Companies Need to Carry Workers’ Compensation Insurance?

Workers' Compensation Law

 

In Florida, any employer with 4 or more employees must have a workers’ compensation insurance policy to cover its staff.

How Long Do I Have to File a Workers’ Compensation Claim?

Florida employees have 30 days to report the workplace injury to their employer, who will then notify their workers’ compensation insurance provider.

The workers’ comp insurance company has 120 days to decide if it will cover the claim. If approved, the benefits are paid out on a set schedule.

Florida employees typically have a total of 2 years to file a workers’ comp claim. The injured employee must also seek appropriate treatment on a set schedule (a minimum of once annually in most cases).

My Employer and/or the Doctor Don’t Believe I’m Hurt. What Can I do?

If your employer or the doctor, who initially saw you, do not believe you are hurt at work, you will need to file a worker’s compensation lawsuit.  This is a Petition for Benefits and proceeds much as a “regular” lawsuit except the Judge of Worker’s Compensation will be the trier of fact.

If you find it necessary to file a Petition for Benefits, it is imperative that you seek the services of an experienced worker’s compensation attorney.

I Have Been Released Back to Full Duty But I Am Still In Pain. What Can I Do?

Florida law allows injured employees a one-time change of treating physician.  In other words, you are allowed to ask for a second opinion.
Our law firm’s employment attorneys are here to help you address any and all issues that arise following a workplace injury and filing of a workers’ compensation claim. We also handle cases involving retaliation.

What Expenses Are Covered by Workers’ Compensation?

Workers' Compensation Law

 

In Florida, workers’ compensation covers a number of expenses, including:

  • medical bills and rehabilitation expenses
  • a portion of your lost wages
  • re-training or vocational training
  • compensation for permanent injuries

If the worker dies as a result of his or her injuries, the employee’s surviving dependent family members are typically eligible to receive compensation as well.

Is there a Restriction on Who I Can Name in a Workers’ Compensation Lawsuit?

If you accept benefits, you may be entering into an agreement that you will not file a workmans’ compensation lawsuit against your employer. But there are exceptions (i.e. if your employer requires you to do things that cause you pain or discriminate against you due to a disability stemming from a workplace injury.)

In addition, you reserve the right to file a workers’ compensation lawsuit against any third party who played a role in your on-the-job injury.

How Can a Workers’ Compensation Lawyer Help?

Our experienced Orlando workers’ compensation lawyers will help you maximize your benefits, while also helping you to address any issues such as:

  • your employer is sending you to physicians who are not properly treating your injury or pain
  • your employer claims that your pain is not the result of an injury at work
  • your employer is threatening to demote or terminate you if you do not perform tasks that are painful or impossible due to your injury

An added note …

  • If you were involved in a car accident driving while working … check out our Car Accident Page.
  • If you were fired, harassed or intimidated after filing a workers’ compensation claim … check out our Workers’ Compensation Retaliation Page
  • In addition to handling workers’ compensation, attorneys with our Orlando, Florida law firm also handle a range of other employment cases, including cases involving unpaid overtime wages, employment discrimination and wrongful termination. We also handle litigation for homeowners insurance, premises liability cases, wrongful death cases and personal injury lawsuits, including car accidents, construction accidents, brain injuries and beyond.

If you require help from a top aggressive Orlando personal injury lawyer following a Work Related Injury, contact the experienced legal team at the Law Office of Hogan & Hogan to discuss your case in a confidential, free consultation session. We service Orlando, Clermont, Leesburg, Orange County, Lake County and all of Central Florida.  Offices coming soon to Clermont and Leesburg.