When Can You Claim Workers Compensation?
Employees who sustain injuries or develop illnesses on the job can claim workers’ compensation benefits from their employer’s insurance policy. These benefits cover essential costs such as hospital and medical expenses, compensate for lost wages, and provide disability payments. In the unfortunate event of an employee’s death within a year of the accident or after five years of ongoing disability, the policy extends to cover funeral expenses, education benefits, and compensation for dependents.
This is where the expertise of Victor Malca Law P.A. comes into play. Our seasoned team of workers’ compensation attorneys is dedicated to helping you secure the compensation and benefits you are legally entitled to for any workplace-related injuries or illnesses. With a proven track record spanning decades, our numerous successful claims underscore our commitment to championing the rights and privileges of Florida’s workforce. Let us assist you in navigating the complexities of your claim and fighting for the justice you deserve.
Aside from guiding you throughout the entire process, our services also include among others:
- Negotiating settlement amounts on your behalf
- Acting as your representative during mediations, arbitrations and court hearings should negotiations fail
- Completing the required paperworks
- Gathering evidences in support of the claim
- Liaising with your employer to verify policy coverage
Workers Compensation System in Florida
Every state has its own workers’ compensation laws. In Florida, the system is based on a private market. Businesses can either secure compensation policies from private insurance companies or from a commercial self-insurance fund.
The following are businesses required to secure a workers’ compensation policy for their employees:
- Has a minimum of four employees regardless of employment status
- Engaged in construction and related industries with at least one employee
Sole proprietors, partners, and corporate officers are exempted from this requirement but may choose to include themselves in the policy.
Types Of Injuries – Click On The Type Of Injury You Want To Know More About
- Amputations
- Arm Injury
- Back Injury
- Carpal Tunnel Syndrome
- Catastrophic Injury
- Chemical Exposure
- Cuts & Lacerations
- Deaths
- Dismemberment
- Head Injury
- Hearing Loss
- Knee Injury
- Neck Injury
- Pre-existing Conditions
- Repetitive Trauma
- Shoulder Injury
Benefits You Can Claim
The Florida Workers Compensation System allows employees to claim the following benefits:
- Temporary Disability Benefits
- Permanent Impairment Benefits
- Permanent Total Disability Benefits
- Death Benefits
- Other Additional Benefits such as:
- Medical benefits
- Vocational Rehabilitation
Our expert workers’ compensation attorneys can help you claim these benefits in the maximum amount you are eligible for.
When Should You Hire a Workers Compensation Lawyer?
For minor injuries that don’t hinder your ability to return to work promptly, handling your compensation claim might not require legal intervention.
However, there are critical situations where enlisting a skilled workers’ compensation attorney becomes essential:
- If your claim is denied. Florida laws do not automatically consider all workplace injuries or illnesses as work-related. If there’s ambiguity in your case, insurers may exploit this to reject your claim.
- When insurers try to skew your medical evaluations by insisting you see their “approved” medical professionals.
- If the settlement offered doesn’t fully cover your medical expenses and lost wages, a lawyer can advocate for the maximum compensation you’re entitled to under Florida laws.
- For injuries resulting in permanent disability, it is impossible to return to work or find employment elsewhere.
- If your permanent disability rating is contested by the insurance company, your benefit amount will be affected.
- In cases where your employer retaliates by firing or intimidating you for filing a claim.
- When insurers attempt to dismiss your claim by attributing your injuries to pre-existing conditions.
- If you cannot reach a fair settlement with the insurance company.
- When your employer, insurer, or doctor provides false information to delay or reduce your compensation benefits.
- If there’s a delay in receiving the agreed compensation within the legally prescribed timeframe.
Remember, workers’ compensation claims must be filed within two years from when you or your survivors realized or should have realized that the injury, illness, or death was work-related.
Victor Malca Law – A Trusted Name in Florida
Victor Malca Law has over 27 years of litigation experience, we are the most trusted workers’ compensation lawyers in Florida. Our area of expertise is in representing injured workers on compensation benefit cases and disabled individuals claim social security disability benefits.
Our unwavering advocacy for employee rights and privileges are also recognized by our peers. Book a free consultation today.