Workers’ compensation laws in Florida seem simple on the surface. If you’re hurt on the job, you have the right to benefits. Unfortunately, it doesn’t always work out that way. An experienced Ocala workers’ compensation lawyer at the Allen Law Firm, P.A. can fight to get the full and fair benefits you deserve. We offer a free consultation so that you can discuss your case with an experienced attorney. Call our law firm anytime to schedule yours.
Find Out What an Experienced Workers’ Compensation Lawyer Can Do For You
Our lawyers at the Allen Law Firm, P.A. help workers with all phases of the workers’ compensation process. Whether you’re just filing the initial claim or have been denied benefits, we can help you navigate the legal system.
In Florida, workers’ compensation is a no-fault system.
That means you don’t have to prove anyone was negligent to get benefits.
You do, however, have to show that the injury or illness was work-related. The defense lawyers hired by insurance companies are trained to make this as difficult as possible.
An experienced Ocala personal injury lawyer can help by:
- Conducting a full investigation to find out what caused your accident
- Defending you if the insurance company claims you weren’t really hurt at work
- Exploring alternatives, such as filing a lawsuit against a negligent third party to maximize your compensation options
- Helping you understand the consequences of accepting a workers’ compensation settlement, including any Social Security impact
- Fighting back if your employer wants you to return to work before you’re ready
- Holding your employer accountable for any discrimination or retaliation when you return to work
Our lawyers are passionate about protecting injured workers’ rights. We’ll use our years of experience to your advantage to negotiate the best deal possible in your case.
You don’t have to accept your benefit check at face value. If you’re just getting started, we can often prevent problems before they occur. If something seems wrong or your claim was denied, don’t hesitate to call for legal advice today.
What Does Workers’ Compensation Cover in Florida?
If you’re injured on the job in Florida, workers’ compensation provides three primary types of benefits:
- Medical benefits
- Wage replacement benefits
- Death benefits for survivors of fatal work accident victims
Each category of benefits provides specific coverage and comes with its own set of limitations. Our lawyers know that the system can be overwhelming. We’re here to fight for the benefits you need to get back on your feet.
You’re entitled to coverage for all reasonable and necessary medical benefits related to your injury. To make sure you get medical coverage, it’s important to visit a doctor approved by the workers’ compensation insurance company. For emergency treatment, however, you can see the first available medical provider.
Your medical coverage should be comprehensive. Prescription drug costs, rehab, hospitalization, and follow-up doctor’s office visits are all included.
Insurance companies often challenge whether the medical treatment you’re receiving is necessary. Our lawyers can work with medical experts to establish your need for ongoing medical care and protect your right to be treated fairly.
Wage Replacement Benefits
When a job injury keeps you from working in any capacity, total temporary disability benefits cover 66 ⅔ of your regular wages at the time of the accident. You’re only entitled to benefits for the first seven days of disability if you end up being unable to work for at least 21 days.
If your doctor says that you can work, but only with restrictions, you may be entitled to partial temporary disability benefits. You can receive a benefit check based on partial disability if you’re unable to earn at least 80% of your pre-accident wages.
Some work-related injuries and illnesses are permanent. Once you’ve reached maximum medical improvement, you might have to fight to get permanent disability or income impairment benefits.
Permanent disability means that you can never work in any capacity again. Income impairment benefits are available if you can work, but only on a restricted basis–if those restrictions are permanent.
Florida law also imposes a maximum amount of benefits that injured workers can receive. In general, you can receive 66 ⅔ (or the weekly maximum) for 104 weeks. At that point, you’ll have to establish your right to some other form of benefit if you’re not able to return to work.
If you lost your loved one in a fatal work accident, you may be entitled to death benefits. Workers’ compensation death benefits are capped at $150,000 in total. Survivor benefits in Florida include:
- Up to $7,500 in funeral and burial costs
- Compensation for dependants
- Educational expenses for a surviving spouse
When you’re grieving the loss of a loved one, getting financial help might be the last thing on your mind. Our lawyers can handle the entire process so that you can concentrate on your family.
Our Experienced Injury Lawyers Handle All Types of Work Accident Claims
Your work accident or illness might have been caused by a traumatic accident or generally dangerous working conditions. Some employers cut corners and ignore OSHA regulations to increase profits. When it comes to filing for workers’ compensation, you don’t have to prove what caused your accident–only that it was work-related.
At the Allen Law Firm, P.A., we handle all types of workplace accident claims, including those involving:
- Construction accidents
- Scaffolding accidents
- Roof and ladder falls
- Heavy machinery accidents
- Trench accidents
- Building collapses
- Welding accidents
- Car accidents
- Slip and fall accidents
- Repetitive stress injuries
- Occupational injuries or illness
- Exposure to toxic chemicals
- And more
Whether you were hurt working in a restaurant, grocery store, construction site, or office, you’re entitled to workers’ compensation if you were hurt “in the course of employment.” Call our law offices today to explore your options. We handle all types of workers’ compensation cases.
Common Types of Workplace Injuries and Illnesses
Our lawyers know that work injuries can be devastating. Even a relatively minor injury can make it hard to support your family and pay your bills. We handle all types of work injury claims, no matter how complex, including:
- Traumatic brain injuries
- Spinal cord injuries
- Back injury
- Chest injuries
- Broken bones
- Lost limbs
- Muscular injuries
- Herniated discs
- Hearing or vision loss/damage
- Rotator cuff injuries
- Carpal tunnel syndrome
- Repetitive stress injuries
- Occupational illnesses
- Soft tissue injuries
- Catastrophic injuries
- Wrongful death
Not every work illness or injury is caused by a traumatic accident. You may have strained your back over time from the repetitive motions required of your job. You might even have developed a condition from using the computer day in, day out.
Regardless of how you were hurt, our lawyers are here to help.
What is a Third-Party Claim?
Workers’ compensation is designed to help you get back on your feet after a work accident. However, when your injuries are serious or permanent, you might need more than workers’ compensation has to offer.
If a third party caused your accident, you have the right to file a personal injury lawsuit for damages even though you gave up the right to sue your employer. Our lawyers can help you recover additional compensation for:
- Medical bills
- Future medical costs
- Your full lost wages
- Lost future earning potential
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
Workers’ compensation only covers economic damages. You can’t recover compensation for your emotional losses or your physical suffering. That limitation doesn’t apply in a personal injury lawsuit. Depending upon the facts of your case, you might be able to sue a negligent:
- Property owner
- General contractor
- Third-party vendor
If anyone other than your employer was partially responsible for your work injury, we’ll find out and fight to hold them accountable.
Time is Limited to File Your Workers’ Compensation Claim
We highly recommend that you report your injury to your supervisor or employer as soon as you can. That way, your employer and their insurance company will find it more difficult to challenge whether it was work-related. In all cases, you have to report your injury or illness to your employer within 30 days of:
- The date the accident happened, or
- The date your doctor told you your injury or illness was work-related
Once the 30-day period ends, you might lose your right to workers’ compensation benefits. After you report the injury, your employer is required to notify the workers’ compensation insurance company.
If you have grounds to file a third-party claim, Florida law gives you four years to file a personal injury lawsuit and two years to sue for wrongful death.
Call an Ocala Workers’ Compensation Lawyer For Help Getting the Full Compensation You Deserve
Thousands of workers are injured in Florida each year. At the Allen Law Firm, P.A., we’re committed to getting the fair compensation you deserve when an injury or illness prevents you from working. We won’t rest until we’ve explored every option to get every dollar you deserve.
To get more specific information about how we can help, call for a free consultation with an experienced Ocala workers’ compensation lawyer today. We work on a contingency basis, so you won’t pay a dime unless we win compensation for you.