When you are hurt on the job, overcoming the injuries you have suffered can be difficult. Worse, you may be unable to work, which means lost wages. Fortunately, your workers’ compensation benefits should cover you during this period of recovery. However, you will need to file a worker’s compensation claim to take advantage of these benefits.
When filing workers compensation claims you may have an easier time filing with workers compensation lawyers on your side. Our team at 1-800-Injured can help you get the Fort Myers workers’ compensation lawyers on your side that you need if you are struggling to give the benefits you need following a work accident.
Eligibility for Workers Compensation Claims
First, you may be concerned about whether your employer carries workers’ compensation insurance in the first place. Fortunately, in Florida, employers are required to carry workers’ compensation insurance in cases where they have four or more employees. These requirements vary between industries, and some, such as the construction industry, may have stricter requirements.
Because of this, most workers in Florida should be able to collect benefits for a temporary or permanent disability, among other benefits, from the insurance company.
If you believe your place of employment does not carry workers’ compensation insurance, or if you work for a business that is exempt from carrying this insurance, reach out to a worker’s compensation lawyer. Your attorney can determine whether you are eligible for workers’ compensation benefits, and they can identify the legal path forward for your case.
Workers Compensation Claims Process
When Fort Myers workers are hurt on the job, they may have options for benefits from their employer. If your employer does carry workers’ compensation, it may be time to reach out to a worker’s compensation attorney to take the next steps forward in the claims process.
Unfortunately, you may be unsure what steps you need to take to receive workers’ compensation, and you may be unsure whether to contact the insurance carrier, your employer, or another party. Your attorney can help you take the following steps after a work-related injury.
Reporting Your Accident
Following an accident, the first step injured workers should take is to seek out medical care. Once they are safe, the injured worker will need to report their workplace accident. When someone suffers a personal injury on the job, they are required by state law to report their work-related accident to their employer within 30 days. Once Florida employers receive notification of work-related injuries, they are then required to contact their insurance company. The insurance company can then begin the next step of your work compensation process.
Getting Approval and Benefits
Once your accident has been noted and reported to the proper authorities the insurance company will begin investigating your claim. Injured employees can be expected to go through medical exams, interviews, witness statements, and other evidence by the insurance company.
From there, they will decide whether to offer you a fair settlement following your injuries, or they may refuse to provide compensation for your work injuries.
If you are approved for the workers comp benefits you are seeking, You can simply enjoy the coverage you’ve received. If you were denied, you may need to speak with an experienced legal team about your options to appeal the decision.
Mediation and Appeals for Denials
When your medical bills are piling up after a work-related accident, you may need to receive benefits to recover from your injuries and these debts comfortably. Unfortunately, many workers in Fort Myers FL may need to seek out mediation or even appeal the decision before Florida’s Division of Workers’ Compensation.
Most employers do not want a record of a serious accident at their workplace. This can reflect badly on them and can even raise their insurance premiums. Because of this, you may need legal representation to help you prove you were injured at work. If you believe your employer is acting in bad faith, you may need to speak with a legal team about your options to sue.
Benefits for Fort Myers Workers
When you are hurt on the job, you may need benefits to help you recover during the time you were unable to work. These benefits are similar to social security benefits, but rather than offering coverage to those with a substantial work history like social security disability, workers’ comp benefits can cover any eligible workers who were hurt in the course of their employment.
What do these benefits include, and how can you get the full coverage you need after an accident at work, like a car accident? Below is a basic list of the benefits you may be eligible for following a work accident.
Medical Care
When you are hurt on the job, you may be due medical benefits to cover the entirety of your medical expenses. These expenses can include any needed care that is part of your work injury recovery. That includes your initial hospital visit, transportation costs, medication, and even current and future surgeries.
Disability Benefits
Your disability benefits cover wage replacement for any temporary or permanent disability you have suffered. If you are unable to work at all or in your former capacity, you may be eligible for one of these benefits:
- Temporary total disability
- Temporary partial disability
- Permanent total disability
These benefits are based on your average weekly wage and your disability rating. This rating determines on average how long your specific type of injury takes to recover. If you are concerned about getting a disability rating that leaves you without the time needed to recover, reach out to a law firm for guidance.
Death Benefits
When a family member dies because of a work accident, it may leave you and other family members struggling to survive. They may have been the sole breadwinner for your household. Fortunately, the family of a deceased employee may have opportunities for a claim.
Death benefits cover the expenses and lost wages that come from a fatal work accident. Those benefits include funds for funeral or burial services and some wage replacement. Families can receive these benefits until certain limits are reached. For example, surviving spouses can receive benefits until death or remarriage.
Fort Myers Workers Compensation FAQ
Workers compensation can be a complex subject. Employers may not be providing the information you need, and several factors can change the details of your case. If you are struggling to get answers from your employer, it may be time to turn to an attorney. Seeking answers can be tough, but your attorney can help you get the answers you need. If you are waiting for your chance to speak with a lawyer, we also offer a few commonly asked questions while you wait.
Do I need a lawyer for a workers' compensation case in Florida?
While your work injury case may not seem complex, issues may arise with the case. The responsible party may not be your employer, for example, if a third party injured you. Likewise, you may have trouble getting benefits if your employer acts in bad faith. In these cases, a lawyer can be a major part of getting the compensation you are due following a work-related accident.
Am I out of options if I am denied workers comp benefits?
Getting a denial from the workers’ compensation insurance company may be devastating, but it does not have to be the end of your case. You may have grounds for an appeal, which can be a great opportunity to gather more evidence, depending on the specifics of your denial. For example, you may have been denied because of missing information or a lack of evidence. Your attorney can help you stay informed and seek the compensation you need.
When do I need an independent medical exam (IME)?
When seeking benefits for a work accident, you may need answers from an independent, neutral party. In these cases, the insurance company may require you to seek out an independent medical exam (IME). An IME is also given by the Fort Myers office of your insurer’s choosing, so remember that you and your lawyer may need to counter the report given by this doctor.
Contact a Fort Myers Workers Comp Attorney
When you are hurt on the job, you may need Fort Myers attorneys on your side to get the benefits you are due. A serious injury at work can be expensive to recover from, and you may be facing a denial already.
Your Fort Myers workers’ compensation lawyers can help your case succeed. When you are ready to speak with an attorney, our team at 1-800-Injured can help you get the legal representation you need. 1-800-Injured is an attorney and medical referral service. Reach out to learn more via a free consultation by calling or filling out our online contact form.