Workers’ Compensation Lawyers Serving Middleburg, Palatka, Starke, and Orange Park in Florida

Under Florida’s workers’ compensation (also known as “workman’s compensation” or “worker’s comp”) laws, if you are injured on the job or develop a work-related illness, you are entitled to compensation. The money you receive after pursuing a successful workers’ compensation claim helps to pay for your medical care and lost wages.

Workplace accidents or work-related illnesses are covered by the workers’ compensation program purchased by an employer—regardless of who is at fault.

In exchange for receiving prompt payment of medical bills and lost wages, under the workers’ compensation program, injured or ill employees give up their right to sue their employer for their injuries. This means that the employee does not have to prove that the employer was negligent in order to receive compensation. It also means that most work-related injuries or illnesses will be covered by workers’ compensation.

There are, of course, certain rules and restrictions that apply to any claim. Generally speaking, however, most injuries caused by work-related accidents will be covered.

For occupational diseases, the employee must be able to show that the disease was the result of the “nature of employment.” In other words, the disease must be actually contracted at the job and it must have arisen due to the nature of the employment itself.

It isn’t always easy to obtain benefits under the workers’ compensation law. The applicable law and procedural rules can be challenging and confusing. And working against the opposing party can be difficult and stressful.

But you do not have to do this on your own.

Our experienced workers’ compensation attorneys handle claims in Orange Park, Palatka, Middleburg, Starke, and Gainesville, Florida.  They can help you understand your rights and process your claim to get the compensation you deserve.

Even though you are not required to hire a workers’ compensation lawyer for any workers’ compensation claim, it is always a good idea to have an advocate on your side. Our experienced workers’ compensation attorneys understand the system and know the applicable law. They can help minimize your stress and maximize your compensation. Our Florida workers’ compensation team will provide you with the advice you need regarding your legal rights under Florida’s workers’ compensation laws.

Going it alone, on the other hand, is fraught with risk. You will be pitted against experienced and crafty insurance company attorneys or your employer’s legal team—all of whom will be determined to deny or reduce your compensation. In addition, you will be responsible for fully complying with the law and meeting all deadlines. Plus, you will very likely be doing all this while still sick and/or injured or while trying to recuperate.

Workers’ compensation attorney John Fagan and his team of experienced workers’ compensation attorneys serve the Orange Park, Palatka, Middleburg, Starke and Gainesville, Florida areas. They can assist you with your claim. They will handle the paperwork and negotiations with the opposing party and help you understand exactly how the law applies to your individual situation. Our workers’ compensation attorneys will make sure you have the proof you need to establish the severity of your injury or illness.

GUIDE TO WORKERS’ COMPENSATION CLAIMS

PERSONAL INJURY TIMELINE

FLORIDA WORKERS’ COMP YEARLY COMPENSATION RATES

Requirements for Florida Employers to Carry Workers’ Compensation

Most employers in Florida are required to provide workers’ compensation for their employees. While there are some exemptions and exceptions to this, essentially almost all businesses in Florida are required to have workers’ compensation for their sick or injured employees.

The coverage requirements for employers are determined according to the specific type of industry, the number of employees, and how the entity is organized.

Generally, businesses with four (4) or more employees will need to carry workers’ compensation coverage. However, this will vary depending on the industry. The cost to the employer will vary also. Workers’ compensation policy coverage costs will vary according to industry and how big an employer’s payroll is. Employees do not pay into the workers’ compensation program.

The main industry categories where workers’ compensation is required are:

• Construction Industry
• Non-construction Industry
• Agricultural Industry
• Each one of these areas has its own coverage requirements.

In addition, unless they have an acceptable policy already, Florida requires all out-of-state employers to obtain a Florida Workers’ Compensation Insurance Policy that complies with all Florida laws.

Contractors in the construction industry are required to ensure that all subcontractors carry workers’ compensation to cover that sub-contractor’s employees. Any sub-contractor who does not have workers’ compensation is deemed to be an employee of the contractor.

Any Injured Employee is Eligible to Receive Workers’ Compensation in Florida

Workers’ compensation does not apply to independent contractors because they are not considered to be employees based on the number of hours an independent contractor works, his level of freedom, and other factors. However, it does anyone who is classified as an employee, whether part-time or full-time.

To be compensable under workman’s compensation, an employee’s injury or illness must, of course, be work-related. It either has to happen while working (for example, boxes falling on someone or a slip and fall at work) or be work-related (for example, carpal tunnel syndrome). That said, in Florida, workers’ compensation covers almost all types of work-related injuries and illnesses.

Even injuries sustained while traveling will be covered if it is work-related. So, for example, if you sustain an injury during a meeting with a client outside work premises, it would still count as a job-related injury for purposes of workers’ compensation.

There are very few exceptions to the rule that almost all injuries/illnesses are covered by workers’ compensation, but exceptions do exist. They include:

deliberate self-inflicted injuries,

workers who were intoxicated or on drugs at the time of the injury, or

employees who fail to follow company policies, like wearing proper safety gear.

Other than these few exceptions, any employee who suffers a work-related injury or illness is eligible to receive workers’ compensation in Florida. If you are injured at work in the Orange Park, Palatka, Middleburg, Starke or Gainesville, Florida, areas, contact us. Our workers’ compensation lawyers serve these areas in Florida and we can help.

One of the main benefits to employees when it comes to workers’ compensation is that the employee does not need to prove negligence in order to recover for his/her injuries.

Regardless of how the injury occurred (with the few exceptions listed above), an injured employee will be compensated. This means that it does not matter if the injury was caused by the employee’s own negligence, that of the employer or that of a co-worker. An employee is entitled to receive benefits for any work-related injury or illness.

The Types of Workers’ Compensation Benefits You Can Receive in Florida

There are several types of benefits paid to employees injured from a work-related accident. The whole purpose of workers’ compensation is to provide a fast, efficient way for employees to be compensated when they are injured at work.

Historically, workers’ compensation developed because employees, who often worked in dangerous and difficult conditions, were not paid for any time they could not work due to work-related injuries or illnesses, and they had to pursue employers through the courts in order to get their medical bills paid. Not surprisingly, most working men did not have the resources to do this. So injured workers suffered unfairly. Workers’ compensation laws were put in place to provide injured employees with a fast, efficient way to get paid for their work-related injuries without having to resort to filing a lawsuit.Essentially, the system is a trade-off. Injured employees give up their right to sue an employer in exchange for immediate compensation for their injuries.

Workers’ compensation benefits pay for medical bills and replace a portion of your income if you are unable to work because of your injuries.

There are certain conditions that must be met to qualify for benefits, however. Working with an experienced Florida workers’ compensation lawyer can help you avoid the pitfalls of benefit coverage and ensure that you get the coverage you deserve. For example, any treatment received for your injuries must be provided by an approved medical professional cleared by your employer and their insurance provider. Failing to see a doctor that has been approved by your employer can result in non-payment of your medical expenses. You would then have to pay for your medical expenses out-of-pocket and would receive no workers’ compensation benefits to cover the costs.

Workers’ Compensation Medical Benefits in Florida

If you are injured in a work-related accident, the first thing you should do is seek medical care from an approved medical provider cleared by your employer and their insurance company.

Your workers’ compensation benefits will pay for medical care for any injuries that were sustained during a workplace accident. Your benefits also include payment for:

• All necessary medical treatment
• Visits to your doctor
• Hospital stays to treat your injuries
• All medical tests related to caring for your injuries
• All necessary physical therapy
• Prescription drugs needed for your illness or injury
• Any prostheses obtained
• Funeral expenses

In addition, your workers’ compensation benefits provide payment for the cost of traveling to and from your doctor. The law also provides for mileage reimbursement for trips to and from your pharmacy.

Workers’ Compensation Lost Wage Benefits in Florida

When you are unable to work because of your injuries, you are entitled to be paid for your lost wages. If your injuries prevent you from returning to work for any period of time, workers’ compensation will pay for a portion of the lost wages you incur as a result of the injury.

How much of your wages will be paid will depend on the severity of your injuries. The Florida Division of Workers’ Compensation determines your wage payout based on the severity of your injuries and how much and how long it interfere with your ability to work.

Lost Wages Classifications

There are several ways in which lost wages are classified for purposes of workers’ compensation benefits. Which classification you fall into depends on the seriousness of your injury/illness.

Classifications for lost wage benefits are as follows:

Temporary Total Disability in Florida

If your injuries prevent you from working in any capacity at all (i.e., temporary total disability), you will be eligible for up to 66 2/3 percent of your regular wage earnings through the workers’ compensation program.

This amount is subject to a state maximum, however. Depending on the severity of your disability, this amount can be as much as 80 percent of your earnings as determined by the Florida Division of Workers’ Compensation. In situations like this, paid benefits occur for up to six months.

Lost wages due to a temporary total disability are not paid for the first 7 days of your disability unless your disability lasts for more than 21 days. In that case, your compensation becomes retroactive, and it will be paid from the first day of missed work. If your disability lasts less than 21 days, lost wages are paid for the time missed after seven days.

Temporary Partial Disability in Florida

If you are able to return to work in a limited capacity despite your injuries, you may be eligible for temporary partial disability compensation. If your injuries prevent you from earning 80 percent of your previous wages because of your new limited capacity, you may be entitled to supplemental income benefits under the workers’ compensation program. A Florida workers’ compensation lawyer can help you calculate what your total compensation would be under the program.

Temporary disability benefits can be paid for a total of 104 weeks under the workers’ compensation law in the state of Florida.

Be aware, however, that if your doctor clears you for work, you must return to work. Light-duty work can be performed in lieu of regular responsibilities when a doctor has approved your release; however, failing to return to work as stipulated by your doctor can result in the complete forfeit of your workers’ compensation benefits.

A Florida workers’ compensation lawyer can help you avoid these problems and receive the maximum disability benefits you are eligible to receive.

Permanent Total Disability in Florida

Permanent disability benefits are awarded to injured employees who suffer a permanent work-related injury, like paralysis. These benefits are seen as compensation for a permanent loss of wage earning capacity. Permanent total disability benefits pay for future lost earnings of work earnings they will experience in the future due to their permanent injury.

A permanent total disability rating is a disability rating that specifies how disabled you are. So, for example, a permanent total disability rating of 100% would mean that you are totally permanently disabled. A disability rating under 100% would mean that you are partially permanently disabled. The benefits you receive depend on your disability rating. Your disability rating is tied to the severity of your injuries.

Disabilities are rated by the Florida Bureau of Monitoring and Audit. A Florida workers’ compensation lawyer can help you understand what type of benefits you can expect with your permanent total disability injuries as determined by the bureau.

Death Benefits in Florida

In the event of the death of an employee as a result of a workplace accident, his or her family and dependents are eligible for the workers’ compensation benefits that their loved one was entitled to receive. This can include deaths that occur within one year of the incident or that occur after five years of disability because of the accident.

Your family may be eligible for benefit payments of up to $150,000. Your family may also receive funeral compensation up to $7500. Florida law also provides for education benefits to be paid to a surviving spouse if certain conditions are met.

What Happens if You are Denied Workers’ Compensation Benefits?

If you are denied benefits by the workers’ compensation insurance carrier, you should contact a Florida workers’ compensation lawyer to assist you. Your workers’ compensation attorney can contact the Employee Assistance Office (EAO) as a first step in reversing the denial and obtaining your benefits. The EAO may resolve your issues.

If that does not occur, you may file a petition for benefits with the Office of Judges of Compensation Claims (OJCC). The OJCC will notify your employer and the insurance carrier of your petition. At that point, the employer can either pay your claim or file a response to your petition. If they refuse to pay, the OJCC will schedule the case for mediation. Mediation is an informal negotiating process designed to resolve legal disputes.

If mediation is not successful, a pretrial hearing will be scheduled, and an evidentiary hearing will follow generally within 90 days. Your workers’ compensation attorney will present your evidence at the hearing, which will be held before a workers’ compensation judge. After the hearing, the judge will issue a written order.

If you disagree with the judge’s decision, you still have options. You may be able to appeal to the First District Court of Appeals. The appeal process is complicated and can take a year or more to have your matter decided. The Court of Appeals will either confirm the OJCC’s decision, overturn it, or send it back for more findings.

The denial of your workers’ compensation claim is not the end of the road. You may have options and you may be able to get the denial reversed. But you do not want to try to do this on your own. For the best chance of success, you will need to have an experienced workers’ compensation lawyer at your side.

What to expect at an appeal hearing before a Judge with the Office of Judges of Compensation Claims

Within 40 days of filing a petition, a meeting with the Judge of Compensation Claims occurs. In most cases, you will need to be examined by an independent medical examiner prior to the hearing. They will assess your injuries and report their findings to the OJCC.

At your pretrial hearing, you will need to make a case for the severity as well as the long-term effects of your injuries. You may be required to present medical documentation as to your inability to work and any disability you have obtained. Having a Florida workers’ compensation lawyer represent you at this time would be beneficial, as they are well-versed in the workers’ compensation appeals process. They know what to expect at the pretrial hearing. You may also want to consider having your doctor testify on the severity of your injuries and their limiting effects.

Following the pretrial hearing, the judge will decide on your case within 30 days.

If the decision is not in your favor, you may be able to file an appeal with the First District Court of Appeals in Florida. Having an experienced workers’ compensation lawyer assist you with this is the smart thing to do.

How Can a Workers’ Compensation Lawyer Help My Case?

The workers’ compensation laws are many and complicated. You may be entitled to benefits, but there are pitfalls along the way in trying to get those benefits. Having a Florida workers’ compensation attorney on your side can improve your chances of navigating this area of law with success. With the guidance and advice of an experienced attorney, you may be able to avoid unnecessary delay or having your claim denied.

In the event of a denial, your attorney can prepare and present your case in the strongest way possible to your employer and their insurance company. Your workers’ compensation attorney may be able to successfully mediate a settlement on your behalf. Or, depending on the situation, he may need to file an appeal on your behalf and take the matter before the OJCC judge at hearing. Finally, if a hearing proves unsuccessful, your attorney can advise you of your options and appeal your case to the First District Court of Appeals if appropriate.

An experienced workers’ compensation attorney can help you get the maximum benefits you are entitled to.

Consult with a Florida Workers’ Compensation Lawyer Today

Having workers’ compensation lawyers help you navigate the legal process will ensure swift results and provide you with the best opportunity to receive fair compensation for your injuries. You will have less stress and a greater chance of success when you employ counsel. A Florida workers’ compensation lawyer knows the law and the proper procedures that apply only to the workers’ compensation program.

When you are in need of help with your workers’ compensation claim, contact John Fagan to speak with an experienced Florida workers’ compensation lawyer. A skilled attorney can advise you of your legal rights in relation to the injuries you have sustained while on the job. They can file your claim quickly and accurately and help you receive fair compensation for your work-related injuries. Get started today by scheduling a consultation.

Workers’ Comp Filing Deadlines in Florida

It is imperative you file a claim with your employer as soon as possible for your injuries. There is a deadline for filing. You have 30 days from the date of the accident to report your injuries and accident to your employer. In turn, your employer will report your claims to the Florida Division of Workers’ Compensation and its insurance carrier. You have two years after reporting to file for benefits but you should file immediately.

Because the timeframe is strict for reporting a workplace injury, notify your employer as soon as you see signs of an illness or have an injury from an accident at work. Failure to report your injuries to your employer could forfeit your workers’ compensation benefits. We can assist you in filing a claim with the division and make sure you are eligible for benefits under the law.

Eligibility Requirements for Workers’ Compensation in Florida

We serve Orange Park, Palatka, and Middleburg, Starke and Gainesville, Florida. You will be afforded coverage if you are hurt while on the job. Injury rates can vary, and your employment type does not matter. Under Florida law, all employers must provide coverage to their employees for injury-related accidents regardless of their status. This means that full-time, part-time, as well as temporary employees are entitled to Workers’ Comp benefits.

In Florida, the only type of employee exempt from an employer’s workers’ compensation coverage are independent contract employees. These employees are not considered direct workers of the company. The laws for workers’ compensation in the state do not cover these types of employees. Consult with us so we can determine if you are eligible for benefits for your injuries.

All accidents are also covered by workers’ compensation, regardless if the employee made an error that caused the accident. The only time that Florida does not provide benefits for injuries sustained as a result of an on-the-job injury is if the employee was under the influence of alcohol or drugs. Violation of doing workplace rules can nullify eligibility and prevent benefits from being paid.

Workers’ Comp Coverage in Florida

There are several types of benefits paid to employees injured from a work-related accident. Workers’ Comp benefits pay for medical bills as well as provide income if you are unable to work because of your injuries.

Any treatment received for your injuries must be provided by an approved medical professional cleared by your employer and their insurance provider. This will allow for complete coverage of your medical care and ensure paid expenses for your medical coverage. Failing to see a doctor that has been approved by your employer can result in non-payment of your medical expenses. These expenses would have to be paid by you out-of-pocket, with no benefits provided to cover the costs.

Medical Benefits in Florida

As part of your workers’ compensation benefits, you may seek medical care for any injuries that were sustained during a workplace accident. Your benefits also include payment for:

• All necessary medical treatment
• Visits to your doctor
• Hospital stays to treat your injuries
• All medical tests related to caring for your injuries
• All necessary physical therapy
• Prescription drugs needed for your illness or injury
• Any prostheses obtained

In addition, your workers’ compensation benefits also provide payment for the cost of traveling to and from your doctor. Mileage reimbursement is also paid for trips to and from your pharmacy under the law.