If you’ve been injured at work in Jacksonville, Florida, you should file a workers’ compensation claim to fight for your rights. Workers’ compensation claims help injured workers receive financial support for their medical costs and lost wages, provide disability benefits for future medical expenses, and more.
However, sometimes pursuing your worker’s compensation benefits can be challenging, especially if you face delays or have a claim denial. This is when you should consider consulting Jacksonville workers’ compensation lawyers who can provide legal guidance and assistance and advocate for your interests.
It might take some time until you find an experienced workers’ compensation lawyer to review your case. However, 1-800-injured can provide you with a list of dedicated and experienced lawyers to choose from nearby.
1-800-Injured is an attorney and medical referral service that helps injured workers connect with established and seasoned workers’ compensation lawyers. Suppose your workplace accident caused the aggravation of your pre-existing injuries. In that case, 1-800-Injured can also help you and your lawyer connect with diligent medical service providers who can play a positive role in your claim by providing expert witness statements.
Contact us today to learn more and connect with an attorney who can offer you a free consultation on your case. Here is what you should know about getting injured at work due to someone else’s negligence in Jacksonville and what you should do to pursue fair compensation.
Understanding Workers’ Compensation Claims
Workers’ compensation in Florida is an insurance system that assists injured workers and their families with financial support and other benefits if they suffer a work-related injury, illness, or death. Florida employers with at least four employees are legally required to provide workers’ compensation to their staff, even if they are full-time, part-time, or seasonal workers.
However, construction companies with even one employee must carry workers’ compensation insurance. Workers’ compensation is meant to protect the employees and the employer, as it allows employees to receive immediate workers’ compensation benefits and protects employers from civil liability for workplace injuries.
Qualifying For Compensation
Workers compensation benefits are available only to qualified workers who meet the following requirements:
- They are not an independent contractor and are classified as an employee
- They work for a company with at least four employees, or one employee in the case of a construction firm
- They have suffered a work-related injury, illness, or aggravation of pre-existing health conditions
Under Florida law, injuries and illnesses are considered work-related only if they were sustained or contracted while performing job duties and responsibilities. To qualify for workers’ compensation if the nature of your work aggravated your pre-existing conditions, you must be an employee covered by your employer’s workers’ compensation insurance. You must demonstrate that your work activities or a specific workplace incident directly caused or substantially worsened your pre-existing condition. Establishing a clear connection between your job duties and the aggravation of the pre-existing condition is vital.
Jacksonville workers’ compensation attorneys can help you receive workers’ compensation benefits with the help of qualified healthcare professionals. This can indicate a causal link between your job-related activities and the worsening of your pre-existing condition. Contact 1-800-Injured to connect with experienced workers’ compensation attorneys and qualified healthcare professionals.
Workers’ Compensation Benefits in Jacksonville, Florida
As an injured worker, you are entitled to various benefits under Florida’s workers’ compensation laws. Here are the main categories of workers’ compensation benefits in Florida:
Medical Benefits
Injured employees can have their current and future medical treatment costs covered by workers’ compensation, including medication, surgery, hospitalization, rehabilitation, chiropractic care, physical therapy, and medical devices or equipment.
In Florida, injured workers must seek medical treatment from a healthcare provider authorized by their employer or the employer’s workers’ compensation insurance carrier. The employer or insurance carrier usually designates an authorized treating physician or a network of providers from which the injured worker must choose.
The workers’ compensation insurance carrier may request an independent medical examination (IME) in certain situations. An IME involves an evaluation by a doctor who is not the authorized treating physician to assess the worker’s condition, treatment, and any permanent impairments. The findings of the IME can influence the determination of medical benefits. However, they can be contested.
Workers’ compensation in Florida generally covers medical treatment that is reasonable and necessary to treat a work-related injury or illness. The treatment should be aimed at alleviating the effects of the injury, facilitating recovery, and restoring the injured worker’s ability to return to work. The authorized treating physician typically decides what is reasonable and necessary.
Wage Replacement Benefits or Disability Benefits
Wage replacement benefits are meant to provide financial support for workers who have suffered temporary or permanent disability due to their injuries or illness and cannot work. This is when a healthcare provider will assign an impairment rating based on the injured worker’s condition, which will act as a determinant for impairment income benefits (iB).
If injured workers are diagnosed with a permanent impairment, they are entitled to and qualify for impairment income benefits once they reach maximum medical improvement (MMI). Workers are rewarded based on their impairment rating, which also affects the time they may receive such benefits. Some other benefits include:
Temporary Total Disability (TTD)
Injured workers who are unable to work are entitled to TTD benefits. These benefits equal two-thirds of their average weekly wage but can be higher if severe injuries occur. As of 2023, the maximum average weekly wage is $1,197.
Temporary Partial Disability (TPD)
Workers who can perform their duties in a limited capacity are entitled to TPD benefits. These benefits are usually about 80% of the average weekly wages and cannot exceed them.
Permanent Total Disability (PTD)
When injured workers are completely unable to work, they can qualify for PTD benefits, which also represent 80% of their average weekly wage. An experienced workers’ compensation attorney or personal injury law firm specializing in workers’ compensation law can help injured workers receive the workers’ compensation benefits they are entitled to. Contact 1-800-injured to browse a wide network of dedicated Jacksonville workers’ compensation attorneys to pursue justice.
Wrongful Death Benefits
Sometimes, a work-related illness or work-related injuries can lead to death. Under Florida law, if your loved one passed away due to such incidents, you are entitled to pursue a wrongful death claim under workers’ compensation. In workers’ compensation cases that deal with death, a family can receive benefits to compensate for their loved one’s loss and lost income and can help provide the surviving spouse or children with funeral costs, education costs, and more.
Worker’s Compensation Claim Process and Filling
To ensure that you receive proper compensation from the workers’ compensation insurance company, everything that you do from the moment your injury or illness occurs is critical. Here is how the workers’ compensation claim process and filing works in Florida:
Reporting the Injury
The first step is reporting the injury to your employer, which should be done within 30 days. Report the injury as soon as possible to ensure a smooth claims process.
Seek Medical Attention
Prioritize your health and obtain medical treatment for your injuries. Your employer or their workers’ compensation insurance carrier may have a designed list of approved healthcare providers. Follow the prescribed medical treatment and attend all scheduled appointments.
Notify your Employer in Writing
File a written notice of your workplace injury to your employer, and provide details about how it occurred, the date, time, and the nature of your injuries. Keep a copy for your records.
File a Claim Petition
If an employer or their insurance carrier fails to initiate the workers’ compensation process, you can file a claim petition with the Florida Division of Workers’ Compensation (DWC).
Consult a Workers’ Compensation Claim Lawyer
Consider consulting a workers’ compensation attorney in Jacksonville, FL. These personal injury attorneys can protect your rights throughout the claims process and provide guidance, assist with paperwork, and advocate for your interests.
Document Everything
Keep thorough records of all documents related to your injury and workers’ compensation claim, such as medical reports, correspondence with your employer, insurance carrier, and any other information relevant to your case. Stay updated and familiarize yourself with your rights as an injured worker.
Follow Deadlines
There are statutory deadlines associated with workers’ compensation claims. In Florida, you only have two years from the date of the injury to file a claim. Follow all timelines for reporting injuries, filing claims, or appealing decisions.
Attend Independent Medical Examinations (IME)
If your employer’s insurance company requests an independent medical exam. Attend these examinations as required, but consider consulting with a workers’ compensation lawyer first. The IME doctor may have a different perspective than your treating physician. The insurance company might try to downplay your injuries, seek reasons for delay, denials, or offer an unfair settlement.
Be Cautious With Social Media
Do not post anything related to your workplace accident on social media, as insurance companies monitor claimants’ social media accounts, and any inconsistent information can be used against you.
Dealing With a Denied Workers’ Compensation Claim
If your workers’ compensation claim in Florida has been denied, there are several steps you can take to address the situation, but you will need legal representation. Jacksonville workers’ compensation attorneys can assess the details of your case, review the denial letter, and provide guidance on the best course of action. An attorney can protect your rights, navigate the appeals process, and advocate for your interests. Collecting all relevant documentation related to your work-related injury or illness is critical. This includes medical records, accident reports, witness statements, and other evidence supporting your claim.
Duration of Workers’ Compensation Benefits
An injured employee can receive workers’ comp benefits for extended periods depending on the benefit they are entitled to and their expected recovery time. Usually, medical benefits last until the worker has recovered from their injury or illness. Temporary total or partial disability benefits last for a maximum of 104 weeks, while your impairment rating influences impairment income benefits. When it comes to permanent total disability, you can receive benefits until you reach the age of 75.
Working With Jacksonville Workers’ Compensation Attorneys
Pursuing a workers’ compensation claim in Jacksonville, FL, can be complex and challenging. You can face medical treatment disputes, delays, unfair settlements, or denials, but with proper legal assistance, you stand a better chance of receiving fair compensation. A workers’ compensation lawyer can help you in various ways, including gathering evidence, helping with disputes and negotiations, and working towards a favorable outcome for your case.
How 1-800-Injured Can Help
Workers’ compensation benefits can help you bring your life back on track in the event of a work-related accident or illness. With skilled workers’ compensation attorneys by your side, you stand a fairer chance of receiving benefits. Contact 1-800-injured to get in touch with experienced Jacksonville workers’ compensation lawyers who could take on your case and help you protect your rights and benefits.