In Hollywood, FL, workers’ compensation benefits provide a safety net to protect employees who have suffered job-related injuries or illnesses. Key benefits in workers’ compensation cases include medical treatment, wage replacement, and rehabilitation services.
1-800-Injured connects you with experienced workers’ compensation lawyers. A skilled attorney can help with everything from correctly filing your workers’ compensation claim form to providing you with strong legal representation as needed. Contact us today to get started.
Common Workers’ Compensation Injuries in Hollywood
There are various injuries that a worker can sustain while performing their job. These injuries can range from physical to psychological, and from acute to chronic conditions.
- Traumatic physical injuries: cuts, fractures, burns, head injuries, spinal cord injuries, broken bones
- Repetitive strain injuries: carpal tunnel syndrome, tendonitis, bursitis
- Occupational illnesses: asbestos-related diseases, hearing loss due to noise exposure, skin diseases caused by chemical exposure, respiratory illnesses
- Mental and emotional stress-related injuries: PTSD, depression, anxiety
- Overexertion injuries: muscle strains, hernias, and back injuries caused by lifting, pushing, pulling, or carrying heavy objects
- Aggravation of pre-existing health conditions
- Work-related motor vehicle accidents
- Slip, trip, and fall injuries
Can I Sue My Employer for My Workplace Injuries?
In Florida, the workers’ compensation system is designed to be the primary means of compensation for employees who have suffered work-related injuries. It’s intended to provide benefits to injured workers without the need for a lawsuit. In return for these guaranteed benefits, employees generally cannot sue their employers.
This coverage through the workers’ compensation process — which includes medical benefits, a portion of your lost wages, and rehabilitation or retraining — is available regardless of who was at fault for the injury.
However, there are limited circumstances under which you might be able to sue your employer outside the workers’ comp system. These include situations where an employer intentionally caused harm, or if the employer does not carry workers’ compensation insurance as required by law.
While you may not be able to sue your employer for workplace accidents, you might have the option to file a lawsuit against third parties whose negligence contributed to your injury. You should consult with a personal injury attorney knowledgeable in workers’ compensation law to discuss your legal options.
How Do I File a Hollywood Workers’ Compensation Claim?
Here is the step-by-step process for injured employees to pursue a workers’ compensation case and recover compensation in Hollywood, FL:
- Report your injury to your employer as soon as possible, but no later than 30 days after the accident or after discovering your work-related illness. Delays in reporting can result in the denial of benefits.
- Once you report the injury, your employer is required to notify their workers’ compensation insurance carrier within seven days. They should fill out a First Report of Injury or Illness form and submit it to their insurance company.
- You must see a healthcare provider authorized by your employer or their insurance company. Treatment by your personal doctor may not be covered unless it is an emergency.
- The insurance carriers will review the claim while taking into account your medical impairment rating and decide on your eligibility for benefits. They must inform you of the approval or denial of your claim within 14 days after receiving the notification from your employer.
- You can receive benefits for medical care, part of your lost wages, and rehabilitation if necessary. If your injury requires surgery and you cannot work for a certain period, workers’ comp should cover the procedure and provide partial wage replacement during your recovery.
If the injured worker’s claim is denied, or if you disagree with the benefits provided, you can file a petition for benefits with the Florida Division of Workers’ Compensation. It’s best to work with a workers’ compensation attorney to assist in this process.
Make sure to follow the prescribed treatment plan and keep your employer and their insurance company updated on your recovery status. Attend all follow-up appointments and report any changes in your medical condition to the insurer.
When Do I Need a Workers’ Compensation Attorney in Hollywood, FL?
The workers’ compensation laws in Florida can be challenging to understand. An attorney who specializes in this area can help you adhere to all legal requirements and deadlines. Most importantly, they can handle all communications with insurance companies on your behalf. Insurers are notorious for minimizing payouts; an experienced attorney can negotiate with them so you receive fair compensation.
They can also help you understand the full range of benefits you are entitled to — such as medical expenses, wage replacement, and rehabilitation costs — and can work to maximize these benefits. Hiring a Hollywood workers’ compensation lawyer might not always seem necessary, but there are certain situations where it can be particularly valuable:
Claims denial
If your claim is rejected, a lawyer can help you understand why and assist in filing an appeal. They know how to gather additional evidence to support your case, such as:
- initial medical reports from the accident
- records of ongoing treatment
- recommendations for future care
- incident reports or first-aid reports within the workplace
- statements from colleagues, supervisors, or other witnesses
- records of previous injuries or complaints about safety in the workplace
- photos and videos of the accident scene
- physical evidence like damaged clothing or equipment used by the worker
Dispute over benefits
If there is a dispute about the benefits, like the extent of your injuries or the amount of wage replacement, they can effectively argue your case based on their understanding of the law and similar cases.
Severe injuries
In cases of serious injuries or permanent disability, the stakes are higher. An attorney can ensure that the calculation of your benefits, including long-term impacts on your earning capacity, is accurate.
Retaliation or unfair treatment
If you face retaliation from your employer for filing a claim — termination, demotion, or harassment — a lawyer can protect your rights.
Third-party claims
If your injury was caused by a third party (not your employer), they can help you pursue a separate personal injury lawsuit against that party.
How Much Will I Get Paid for Workers’ Compensation in Hollywood?
The amount you will get paid depends on several factors, including the nature and severity of your injury, your average weekly wage prior to the injury, and the specific benefits you are eligible for.
Here is how workers’ comp benefits are generally calculated in Florida:
Medical benefits
Workers’ compensation covers all necessary medical treatment related to your work injury. This includes doctor visits, hospital stays, physical therapy, medications, and medical devices. If you require surgery for a work-related injury, the cost of the surgery, hospitalization, and any follow-up treatment should be covered.
Wage replacement benefits
- Temporary total disability (TTD): If you are unable to work at all, you can receive TTD benefits. These are 66.67% of your average weekly wage, subject to a state maximum amount.
- Temporary partial disability (TPD): If you are able to return to work with restrictions and earn less, you may receive TPD benefits, which are 80% of the difference between 80% of your pre-injury wages and your current earnings.
- Permanent impairment benefits: Once you reach maximum medical improvement (MMI) and if you have a permanent impairment, you may be eligible for additional benefits based on the severity of your impairment. The amount would depend on the impairment rating assigned by your doctor.
Death benefits
These benefits are intended to support dependents who have lost financial support due to the worker’s death. They usually cover a portion of the funeral and burial expenses, up to a certain limit defined by state law.
The surviving dependents of the deceased worker, such as a spouse, children, or others recognized under the law, are eligible to receive monetary benefits. Death benefits are generally a percentage of the deceased worker’s average weekly wage, subject to a state-defined maximum amount.
Keep in mind that Florida sets maximum and minimum limits on workers’ compensation wage replacement benefits, which are adjusted annually. For accurate calculation of your specific benefits, talk to a workers’ compensation attorney.
Your Hollywood Workers’ Compensation Benefits Lawyer is a Phone Call Away
Injured workers in Hollywood, FL are required to report the injury to their employer within 30 days. It is best to hire an experienced workers’ comp lawyer as soon as possible. Call 1-800-Injured today or complete this form to get connected to proven workers’ comp attorneys and personal injury lawyers near you.
DISCLAIMER: 1-800-Injured is an attorney and medical referral service.