Were you hurt in an accident at work in Gainesville, FL? Getting the fair workers’ compensation benefits you deserve might be more complex than you think. An experienced Gainesville workers’ compensation lawyer can fight to make sure you don’t leave money on the table.
To get started, all you have to do is call an experienced personal injury lawyer at the Allen Law Firm, P.A. for a free consultation today.
Why Should I Call a Workers’ Compensation Lawyer After I Was Hurt on the Job?
Florida employers are required to carry workers’ compensation insurance if they have at least four employees. If you work in construction, your employer is required to purchase workers’ compensation insurance even if they only have a single employee.
If you’re hurt or on the job or sustain a work-related illness, you’re entitled to medical benefits and partial wage replacement benefits. You’re covered regardless of who caused the accident. Unfortunately, the insurance company doesn’t always make it easy to get the benefits you need.
At the Allen Law Firm, P.A., our legal team can cut through the red tape and make sure you get the full amount you deserve. When you’re looking for legal advice, it’s important to look beyond the typical lawyer directory. You want to make sure your lawyer has the real-world experience needed to effectively negotiate on your behalf.
You can trust that our experienced Gainesville personal injury lawyers, like Bill Allen, will:
- Make sure all documentation is complete and timely
- Gather the medical evidence you need to support your claim
- Find out what caused your work accident and advise you about options, such as filing a lawsuit against a negligent third party for additional compensation
- Handle all communications with the workers’ compensation board and insurance companies
- Negotiate to make sure you get the best deal possible
- Help you understand all of your options, including whether to accept a settlement in lieu of weekly benefit checks
- Represent you in any hearings in front of the workers’ compensation board
Employers and insurance carriers often deny workers’ compensation claims even when they’re legitimate. The appeals process is complex and time-consuming. Hiring a workers’ compensation attorney gives you the best chance of getting the fair benefits you need.
To learn more about how we can help with your specific situation, call to schedule your free consultation today.
How Common Are Work Injuries in Florida?
In 2019, 59,162 workers’ compensation claims were filed in the state of Florida. The average benefit recipient received $23,789 in cash benefits. 18,012 injured workers received temporary partial disability benefits, while 21,473 received temporary total disability benefits. Overall, more than $1,287,195,976 in overall benefits were paid out in 2019.
That’s a huge number. Like any other insurance company, workers’ compensation insurance companies will do whatever they can to minimize their financial exposure. Our lawyers understand the tricks they use to reduce or deny your benefits. Give us a call today to learn more about what we can do to help.
Overview of Florida Workers’ Compensation Benefits
Injured workers are entitled to several different types of benefits in Florida. You qualify if you were hurt or got sick during the course of your employment. It doesn’t matter whether you were on the job site at the time–as long as you were performing work-related duties, workers’ compensation applies.
Depending upon the nature and severity of your injury, you may be entitled to:
Workers’ compensation covers all reasonable and necessary medical benefits related to your injury.
To receive medical benefits, you have to visit a doctor that’s been approved by workers’ compensation.
As long as you follow the rules, you should be entitled to compensation for the full amount of your medical expenses. That includes:
- Doctor’s visits
- Physical therapy
- Prescription drugs
- Attendant care
Employers and insurance companies often challenge the degree of medical attention you need. They might even try to say that your injury was pre-existing, so shouldn’t be covered. Our lawyers will fight to get the care you need from the very beginning.
If you’re completely unable to work, total temporary disability benefits cover 66 ⅔ of your regular wages at the time of the accident. However, this amount is subject to state maximum caps–meaning that you might not even get the full ⅔ of your wages replaced. For more severe injuries, you could be entitled to 80% of your regular wages.
Sometimes the doctor tells you that you’re able to return to work with restrictions. Partial temporary disability benefits are designed to fill in the gap between your usual wages and your wages with the restrictions factored in. Partial temporary disability benefits are available if you’re unable to make at least 80% of your regular wages prior to the injury.
Depending upon the scope of your injuries, you may also be entitled to:
- Permanent total disability benefits
- Income impairment benefits
These types of benefits are available once you’ve reached maximum medical improvement. In other words, they’re available when the doctor says you’re unlikely to improve any further, but are still not fully recovered.
The surviving families of workers killed on the job are entitled to compensation. If you lost your loved one in a work accident, you may be entitled to:
- Up to $7,500 in funeral and burial costs
- Compensation for dependants
- Educational expenses for a surviving spouse
These death benefits are capped by law at $150,000.
Can I Sue My Employer for Additional Compensation?
Florida law doesn’t allow you to sue your employer for compensation. Workers’ compensation is a no-fault system that’s designed to replace that source of compensation.
However, you might be able to sue a negligent third party who was responsible for your accident.
This is called a third-party claim. If a third party’s carelessness caused your injury or illness, you can pursue damages via the personal injury system in addition to receiving workers’ compensation benefits.
You could be entitled to receive money for:
- Medical bills
- Future medical costs
- Your full lost wages
- Loss of your ability to earn a living
- Pain and suffering
- Emotional trauma and PTSD
- Diminished quality of life
- Property damage
- And more
In more serious injury cases, workers’ compensation isn’t always enough. You might not be able to get by on your partial wage replacement benefits, especially considering the cap that Florida law imposes on benefit levels.
Our lawyers at the Allen Law Firm, P.A. will investigate to find out whether you may be entitled to file a personal injury lawsuit for additional compensation.
We Handle All Types of Workers’ Compensation Claims
Some workplaces are naturally more dangerous than others. That doesn’t mean you assume the risk of getting hurt on the job. We can help with all types of workers’ compensation cases, including those involving:
- Construction accidents
- Scaffolding accidents
- Roof and ladder falls
- Heavy machinery accidents
- Trench collapses and excavation accidents
- Car accidents
- Slip and fall accidents
- Repetitive stress injuries
- Occupational injuries or illness
- Exposure to toxic chemicals
Regardless of how you were hurt, our experienced personal injury attorneys will find out what happened. We’re here to advise you about every available option to make sure you get the most compensation possible.
Common Types of Workplace Injuries
Construction accident injuries are some of the most serious and dramatic types of injuries workers face. However, any type of work injury or occupational illness can take you off the job. At the Allen Law Firm, P.A., we handle all types of workplace injury cases, including those involving:
- Traumatic brain injuries
- Spinal cord injuries
- Back injuries
- Chest injuries
- Rotator cuff injuries
- Broken bones
- Amputations and loss of limbs
- Carpal tunnel syndrome
- Soft tissue injuries
- Catastrophic injuries
- Wrongful death
We know that getting back on your feet after an injury can be difficult. You only have a limited amount of time to take action. Our lawyers are available to come to you while you recover. We can discuss what happened and make sure your claim is filed within the required timeframe.
How Long Do I Have to Claim Workers’ Compensation Benefits?
To qualify for workers’ compensation benefits, you should report your injury as soon as possible. In all cases, you only have 30 days to file a claim.
If a third-party claim is an option, Florida law gives you four years to file a personal injury lawsuit against a negligent third party. If the work accident caused your loved one’s death, you have two years to file an action for wrongful death.
If you were injured on the job, hire a local workers’ compensation lawyer who will fight to make sure you aren’t leaving money on the table.
Hurt on the Job? Call an Experienced Gainesville Workers’ Compensation Lawyer for Help Today
When you’re hurt on the job, it can feel like your life is spinning out of control. You might quickly begin to see bills pile up while you wait for benefits that might seem insufficient. Having an experienced Gainesville workers’ compensation by your side can smooth the process so that you can focus on your recovery.
If you’re ready to learn more about our practice areas, all you have to do is contact our Gainesville law offices to schedule your free consultation. We represent clients in Gainesville, Florida, Marion County, Alachua County, and across Central Florida.