Experiencing an injury while performing your job duties can have devastating effects. The physical harm, medical expenses, and time spent away from work during recovery can feel overwhelming and challenging. Unfortunately, dealing with the aftermath of a workplace injury in Orlando can be even more complex. If you have suffered a workplace injury, you may be entitled to seek financial relief through a workers’ compensation claim in Orlando.
However, you might be wondering where to begin. The first important step in obtaining financial recovery is contacting diligent and proven workers’ compensation attorneys and personal injury attorneys in Orlando, who can evaluate your claim and provide strong legal representation.
Key Facts about Orlando Workers’ Compensation
You Have a Right to Receive Workers’ Compensation Benefits
In Orlando, employees who experience workplace injuries and occupational illnesses can pursue workers’ compensation. But to obtain workers’ comp benefits, it is essential to adhere to the rules and regulations.
To begin with, workers in Orlando must report their injuries to their employers within 30 days. According to the state’s statute of limitations, the injured worker has two years to file a petition for workers’ comp benefits. Although there could be a few exceptions to these timelines, it is generally prudent to take prompt action to maximize the chances of financial recovery.
Eligibility for Workers’ Compensation in Orlando Extends to Employees Injured on the Job
Regardless of whether you’re a full-time employee or a part-time worker, if you sustain an injury while working, you are eligible to pursue workers’ compensation in Orlando. All businesses in Orlando with at least four employees are required to purchase workers’ compensation insurance.
However, Florida’s workers’ comp laws typically do not apply to self-employed individuals and independent contractors who operate their own businesses. Nevertheless, there are instances where exceptions to this rule may apply.
Treatment from the Insurance Company’s Physician may Affect Your Right to Get Treated by Your Physician
After sustaining a workplace injury, most workers in Orlando prefer to receive medical treatment from their trusted primary care physician (PCP). But the insurance company may require you to receive treatment from their designated workers’ comp doctor. The medical report provided by the workers’ comp physician can influence the outcome of your Orlando workers’ compensation claim.
If you have doubts or concerns about the diagnosis or treatment plan offered by the insurer’s doctor, you have the right to request a change of physician. It is best to consult with an aggressive and knowledgeable workers’ compensation lawyer in Orlando to ensure compliance with all requirements for your workers’ comp claim.
You Can Pursue a Lawsuit and Workers’ Compensation Claim Simultaneously
In most situations, injured workers can only seek compensation through the workers’ compensation system in Orlando. However, under specific circumstances, you may also be able to file a personal injury lawsuit against a third party. If someone else is responsible for causing the accident, you may have two separate claims that can be pursued concurrently.
The Significance of Hiring a Workers’ Compensation Lawyer in Orlando
Having a professional workers’ compensation lawyer in Orlando is helpful. The lawyer will use their extensive knowledge and experience to help you navigate the complex process of obtaining workers’ compensation. Amid the uncertainty, physical pain, and debilitating illness, good legal representation can significantly shape your future.
An Orlando workers’ compensation lawyer can assist you in gathering evidence, negotiating with your employer and their insurance company, and representing your interests in court if litigating your workers’ compensation case becomes necessary.
Have you faced threats, coercion, or wrongful termination following a workplace injury? It is important to note that such actions violate ethical standards and are against the law in Orlando. As an injured worker, you have the right to workers’ compensation benefits, and the employer’s insurance company should be able to pay the full benefits you deserve.
By hiring established Orlando workers’ compensation lawyers, you can fight for your right to maximum compensation.
Legal Representation for Your Workers’ Compensation Claim in Orlando
Orlando insurance companies often aim to minimize the amount of workers’ compensation you receive. Chapter 440 of Florida law outlines the benefits you may be entitled to. It is crucial to work with a dedicated and assertive Orlando workers’ comp attorney to ensure that you obtain the compensation you deserve and regain control of your life.
1-800-Injured is a lawyer and medical directory that connects victims of workplace injuries with legal representation. Contact us today to schedule a free consultation.
Frequently Asked Questions
Can I receive workers' compensation in Florida for something other than an accident or external injury?
Yes. Workers’ compensation coverage extends to various negative occurrences that happen “within the scope of your employment” and prevent you from working normally or cause you suffering or financial hardship.
While workplace accidents and injuries are common reasons for filing workers’ compensation claims, you can also file for an injury that develops over time due to repetitive movements, chronic lung illnesses from toxic exposure at the workplace, or aggravation of pre-existing conditions caused by job requirements.
You may even be eligible for workers’ compensation in Orlando for injuries during breaks while working from home or while traveling off-site for your employer, among other scenarios.
Can I appeal an adverse workers' comp decision?
In some cases, an insurance company may refuse to cover your illness or injury. They might argue that you are not an employee, that the injury or illness did not occur while on the job, or that you were hurt due to violating company policies or breaking the law. In other situations, the insurer may accept the claim but offer benefits that are significantly less than what you deserve.
If you face an adverse decision, it makes sense to consult an experienced workers’ compensation attorney in Orlando who can help youfile an appeal and demand fair compensation for your injury or illness. There are strict time limits for filing an appeal, so prompt action is necessary once you receive an adverse decision.
What mistakes can result in denied or delayed claims?
Common mistakes that can lead to denied or delayed claims include failing to report the injury promptly, neglecting to file claims within the designated timeframe, and not seeking the representation of a seasoned Orlando workers’ compensation attorney.
What is an impairment rating, and when is it assigned?
An impairment rating is a measure, typically expressed as a degree or percentage, indicating the loss of function in a body part or its functionality. When you reach Maximum Medical Improvement (MMI), your doctor will usually assign an impairment rating if you have experienced some degree of loss of function in a body part. It is crucial to have an attorney when the MMI date approaches to fully understand how your doctor’s diagnosis and determination will impact your financial compensation.
I am receiving medical bills from my doctors and the hospital—should this be happening?
No, medical service providers are not permitted to bill you for services related to a worker’s compensation-covered injury. Once a creditor, such as a doctor or hospital is aware that you are represented by legal counsel concerning the alleged debt, they are prohibited from attempting to collect any consumer debt from you.
What to do if my workers’ comp insurance adjuster does not approve my medical procedures and tests?
In Orlando, workers’ comp insurance adjusters can delay or deny medical treatment for injured workers even when a medical procedure or diagnostic test is recommended and authorized by the designated doctor.
Suppose you encounter a situation where your adjuster suggests seeking a second medical opinion or changing your physician. In that case, you should not go ahead and abide by their suggestion until you have consulted with an experienced workers’ comp lawyer in Orlando.
Insurance companies aim to minimize expenses on claims of injured employees, and they may attempt to assign a physician of their choice who is unlikely to prescribe the same tests or procedures as your original physician.
How do "lost wages" work in Orlando?
When you cannot work due to a workplace injury, you will typically receive checks every other week, which is around 66% of your average weekly wage. The specific amount will depend on your doctor’s opinion regarding your work status. You may be prohibited from working entirely, have limited hours per week, be allowed to work with certain restrictions, or be released to light duty.