When Can You Claim Workers Comp?
When employees suffer injuries or acquire illnesses in the course of performing their duties, they can claim workers’ compensation benefits out of that policy. These benefits include reimbursements for hospital and other medical bills, lost wages and disability payments. If the employee dies within a year of the accident or five years of continued disability, survivors can claim for funeral expenses, education benefits and compensation benefits to dependents.
This is where our team of workers’ compensation lawyers enter the picture. We can help you recover compensation for injuries and illnesses acquired in the workplace including any other benefits as provided by law. The thousands of workers compensation claims we’ve won in the past decades attests to our dedication in fighting for employee rights and privileges in Florida.
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 have their own workers’ compensation laws. In Florida, the system is based on a private market. Businesses can either secure compensation policy 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.
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’ comp lawyers can help you claim these benefits in the maximum amount you are eligible for.
When Should You Hire a Workers Compensation Lawyer?
Most of the time, compensation claims for very minor injuries which does not affect your capacity to resume work immediately won’t require any legal assistance.
However, you will be needing the services of a good workers comp lawyer if your case falls under any of the following:
- If your compensation claim is denied. By Florida laws, not all injuries and illnesses acquired in the workplace or during working hours can be considered work related. If your case has gray areas, the insurance company might use this to deny your claims.
- When the insurance company attempts to manipulate your medical examination results by forcing you to use the services of medical professionals on their “approved list”.
- The offered settlement amount is not enough to cover your overall medical expenses plus the lost wages. Your lawyer can help you negotiate for the maximum amount you should get under Florida laws.
- Your injury causes permanent disability thus making it impossible for you to go back to work or be gainfully employed in other companies.
- The insurance company disputes your permanent disability rating which determines how much permanent disability benefits is due to you.
- Your employer has fired, threatened or intimidated you for filing a workers compensation claim.
- Your insurance company attempts to invalidate your claims by blaming your injuries to a health condition you have before the accident.
- When you fail to reach a settlement agreement with the insurance company
- When your employer, insurance company or treating doctor attempts to avoid, delay or reduce your compensation benefits by providing false information in relation to the claim
- When the insurance company fails to give you the agreed compensation amount within the period prescribed by law.
Remember that all workers’ compensation claims should be filed within two years after the employee or survivors knew or should have known that the injury, illness or death arose from work performed within the scope of one’s employment.
How Much Should You Pay a Workers Comp Lawyer?
Nothing. Here at Malca Law P.A., we don’t collect payments from clients unless we win the case.
Victor Malca Law – A Trusted Name in Florida
Victor Malca Law has over 25 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.