Many workers may suffer injuries during their careers. Most employers are required to provide workers’ compensation coverage to provide financial assistance to those who are unable to work due to injuries sustained on the job. Workers’ compensation benefits are based on the extent of the injuries and the amount of time the worker was unable to perform his or her job duties.
The job of a South Florida workers’ compensation attorney is to protect the rights of their clients and ensure that they receive full compensation following their workplace accident. Workers have the right to be compensated for their injuries and lost income through their company’s workers’ compensation programs.
Let an experienced personal injury attorney analyze your case and let you know if you are entitled to compensation. Contact us today to speak with an experienced attorney. Consultations are always free.
The accident must be reported as soon as possible, but not more than thirty days later. If you report your claim later than thirty days, your claim may be dismissed.
If it is determined that you contributed to your own injuries, your benefits may be reduced by twenty-five percent. This includes failing to follow safety guidelines set by your employer.
Florida law states that an injured worker will not receive payments for seven days of disability unless the disability extends for more than twenty-one days. Then, the injured worker may be able to get payments from the company’s insurance for the first seven days. In most cases, you will receive a biweekly check. Within twenty-one days of reporting your injury, you should receive your first check. The first check must be two-thirds of your average weekly earnings, as calculated from the wages you received for the three months prior to your injuries.
If it is determined that you contributed to your own injuries, your benefits may be reduced by twenty-five percent. This includes failing to follow safety guidelines set by your employer.
You are not allowed to be fired in retaliation for filing your workers’ compensation claim. However, Florida law does not require your employer to keep your position open until such time as you return to employment. If you were fired in retaliation for your claim, consult with a Florida workers’ compensation attorney about your rights.
Florida Statute §440-15 provides that you may receive temporary total disability payments, temporary partial disability payments, or a combination of these two benefits during the continuation of your disability for no more than a maximum of 104 weeks.
How to File a Workers’ Compensation Claim in Florida
It is extremely important to report the accident to your employer. The sooner you report your accident, the better. Reporting workplace injuries is important when an employee is seeking compensation for medical bills and continued disability coverage.
In Florida, workers are required to report their work-related injuries within 30 days of the date of their accident. After the employee reports the initial injury, they have two years from the date of their accidental injuries and one year from the date of the last authorized payment for medical treatment to file a workers’ compensation claim. The employer must, within 7 days of receiving your notice, report your accident to the insurance provider.
When an injured worker first reports his or her injury, he or she must provide a detailed description of the accident, including the names of any witnesses, the location of the accident, the date, the cause of the accident, and the type of injury sustained. An injured worker should seek a medical evaluation to determine the extent of the injury. The medical evaluation will be approved by a medical provider selected by your employer. It is very important that you tell your doctor that your injuries occurred on the job.
Once you have received medical attention, you should consider speaking with a workers’ compensation attorney to help you navigate through your claim process. Contact us today for a free consultation.
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At Newman Injury Law, our experienced attorneys are dedicated to providing personalized and effective representation. Contact us today for a free consultation, and let us guide you toward the justice and compensation you deserve.
