Injuries or illness at the workplace can lead to high medical bills, work absences, and potentially lifelong complications. In some cases, the worker may never be able to return to the same job or line of work as a result of the injury or illness. Fortunately, you can rely on workers’ compensation lawyers to help you get compensation for your losses. If you have suffered a workplace injury in Boca Raton, FL, please contact us at CarAccidentAttorney.com. We offer nationwide attorney referral service. With our access to a wide range of personal injury attorneys, we can ensure you get in touch with a workers’ compensation lawyer who is well-versed in Florida laws regarding workers’ compensation cases.
What Is a Workers’ Compensation Claim?
A workers’ compensation claim is a legal action by an employee who suffered a work-related illness or injury. The employer pays for workers’ compensation insurance to provide coverage in an event where any of the employees are hurt in a workplace accident. Workers’ compensation coverage is mandated in every state but the benefits vary by state. Generally, worker compensation benefits are only available to employees. Independent contractors do not qualify for coverage.
An injured worker does not have to prove who was at fault, but they would have to prove they got hurt or became ill “in the course and scope” of their work. After the claim has been submitted, the employer or insurance company will review it to determine whether to accept or reject the claim. If the claim is rejected, then the workers’ compensation law judge will decide who is right.
Common Causes Of Workers’ Compensation Claims in Boca Raton
While some industries have a high rate of workers’ compensation claims, any workplace can cause injuries. Even a clerk who works a desk job can have a slip and fall accident and suffer catastrophic injuries such as a traumatic brain injury. Some of the common causes that lead to injuries or illness at workplaces in Boca Raton include:
- Motor vehicle accidents
- Overexertion, such as lifting heavy weights
- Repetitive movement injuries
- Slip and fall accidents
- Chemical spills
- Exposure to toxic or dangerous fumes
- Heavy machinery accidents
- Struck-by object accidents
- Violence between co-workers
- Defective parts or tools
- Inadequate training or supervision
Workplace accidents can lead to a wide range of injuries, including rotator cuff and shoulder injuries, head injuries, paralysis, loss of limbs, soft tissue damage, traumatic brain injuries, broken bones, or severe burns. The most severe cases can even lead to a wrongful death.
Do You Qualify for Workers’ Compensation Benefits in Boca Raton?
Most workers in Boca Raton, FL, qualify for workers’ compensation. The basic criteria for qualification require you to be an employee when the illness or injury occurred, and you must have sustained the illness or injury while engaging in work-related duties. Another requirement is that the illness or injury occurred while you were working or in the course of your employment. You don’t have to be at the workplace at the time of an accident. For example, if you were involved in a car accident while you were on duty, then the injuries suffered in the accident should be covered under workers’ compensation coverage.
Steps to Take After a Workplace Accident in Boca Raton
If you suffered an illness or injury at the workplace, your first step should be to get medical attention. You also need to report the incident to your employer. In most cases, the point of contact is your human resources manager.
Failing to report the incident on time can disqualify you from receiving workers’ compensation benefits. Once you have filed a report with your employer, they will send it to the insurance company, which can choose to investigate the case and assess your eligibility to receive benefits. If your employer or the insurance carrier doesn’t respond to your request for medical treatment, you have the right to contact the Employee Assistance and Ombudsman Office for help.
To help strengthen your case, you should gather as much evidence as possible. For example, you can take photos and video of the accident site, gather witness information, and any other evidence that can support your claim. Keep all the medical records for your injuries as they can be vital evidence in workers’ compensation claims. Another key step to take after a workplace accident is to call a workers’ compensation lawyer who can guide you through the legal process of a workers’ compensation claim.
Boca Raton Workers Compensation Benefits
The benefits available to workers under worker compensation coverage depend on several factors, including the nature and extent of the injury or illness. The first and most common type of benefit is coverage for medical treatment like doctor’s visits, surgery, prescription drugs, physical therapy, and prostheses.
Temporary Total Disability benefits include a percentage of the lost wages for the employee who has suffered a disabling injury for a temporary period. Generally, Temporary Total Disability benefits are two-thirds of the regular wages at the time of the injury or illness. If the injuries are not too serious, then the employee would receive Temporary Partial Disability benefits. These benefits are typically the difference between pre-injury and post-injury income.
Injured workers cannot receive Temporary Total Disability benefits for the first 7 days of the disability, unless the disability extends past 21 days, in which case they get benefits for the entire period. The maximum number of time you can receive temporary disability benefits is 104 weeks.
In case of injuries or illnesses that are permanent in nature, such as the loss of a limb or permanent paralysis, the employee can be eligible for Permanent Total Disability benefits or Permanent Partial Disability benefits. Other types of workers’ compensation benefits include vocational rehabilitation, permanent impairment benefits, and death benefits, which are available to surviving family members of a deceased employee.
FAQs
Do I Need A Lawyer For A Workers' Compensation Case In Florida?
While you are not legally required to have a lawyer for a workers’ compensation case in Florida, there are several benefits to having one. In Florida, workers’ compensation is designed so that a lawyer is not necessary, but the cases can get complex or require dispute resolution, which is better handled with an experienced and skilled attorney. Other benefits of having an attorney include legal guidance on how to protect against retaliation from the employer for filing a worker’s compensation claim and receiving fair compensation for your damages.
Can I Sue My Employer For a Workplace Injury In Florida?
Generally, employees in Florida cannot sue their employers for a workplace injury if the employer has workers’ compensation insurance. The objective of this insurance coverage is to provide protection to the injured employees and the employer in the event of a workplace illness or injury. While the eligible employees get benefits from workers’ compensation coverage, the employers are protected from the financial burden of direct lawsuits.
However, there are situations where an employee can sue the employer. If there is no workers’ compensation insurance, then the employee has the legal right to file a lawsuit against the employer. Another exception is if the employer’s intentional misconduct caused the illness or injury, in which case the employee can sue their employer. It is best to consult with Boca Raton workers’ compensation lawyers to determine if a situation qualifies for an exception where you can sue your employer.
Can I Sue For Pain And Suffering In Florida?
Compensation for pain and suffering is typically not included in workers’ compensation benefits, which are designed to be a streamlined process where the employee doesn’t have to prove fault and the employers are protected from lawsuits for pain and suffering. If you believe you suffered pain and suffering and deserve compensation for it, then you should consult an attorney to discuss your legal options. Consult personal injury lawyers to learn more about how to get compensation for pain and suffering in Florida.
Consult a Workers Compensation Attorney Using CarAccidentAttorney.com
While you may be able to handle simple workers’ compensation claims without an attorney, for more complex cases you may be best served to get legal help. Complexity in workers’ compensation cases can be the result of many factors, including a denied claim, insufficient evidence to support your claim, medical issues that prevent you from returning to your prior job, or retaliation from your employer.
At CarAccidentAttorney.com, we can find you the right workers’ compensation lawyer who can assist you in all the legal proceedings for a worker’s compensation claim in Boca Raton, FL. This includes filling out all the necessary forms and meeting the deadlines. In addition, they can facilitate an agreement that gets you full and fair compensation for your suffering. Insurance companies and employers often use various tactics to reduce their payout, but with an experienced workers’ compensation attorney on your side, you can have peace of mind that they will fight for your rights. To learn more about how we can get you assistance in a workers’ compensation case, please contact us at CarAccidentAttorney.com.
Disclaimer: CarAccidentAttorney.com is an attorney and medical referral service.