When Can You Claim Workers’ Compensation?
If you are an employee in Florida who has been injured or developed an illness on the job, you have the right to claim workers’ compensation benefits. These benefits are provided through your employer’s insurance policy to cover essential costs while you recover, without needing to prove your employer was at fault.
Workers’ compensation can pay for hospital bills, ongoing medical care, and disability payments. It also helps by compensating for lost wages if you are unable to work. In the tragic event that an employee passes away within a year of the accident or after five years of continuous disability, the policy provides benefits for dependents, including funeral expenses and other compensation.
Navigating this process alone can be challenging. The experienced team at Victor Malca Law, P.A. is here to help you secure the full benefits you are legally entitled to. With decades of proven track record, we are committed to defending the rights of Florida’s workforce.
We will manage your claim from start to finish. Our services include:
- Gathering the evidence needed to support your claim
- Completing and filing all required paperwork
- Negotiating settlement amounts on your behalf
- Representing you in mediations or hearings if negotiations fail
- Liaising with your employer to confirm policy coverage
Workers’ Compensation System in Florida
Florida’s workers’ compensation laws operate on a private market system. This means businesses obtain coverage for their employees either from a private insurance company or a commercial self-insurance fund. These policies are essential for protecting workers who get injured or fall ill on the job.
State law requires specific businesses to carry workers’ compensation insurance for their employees. This includes:
- Non-construction businesses with four or more employees, whether full-time or part-time.
- Construction-related businesses with one or more employees.
- Out-of-state employers with workers in Florida on a temporary or permanent basis.
- Farmers with more than five regular employees or 12 or more seasonal workers who work for at least 30 days.
While sole proprietors, partners, and corporate officers are generally exempt from this requirement, they have the option to include themselves in a workers’ compensation 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?
While you might handle a minor injury claim on your own, more serious situations often require legal expertise to protect your rights. An experienced attorney becomes essential when the insurance company or your employer creates challenges that could prevent you from receiving the benefits you deserve.
Consider hiring a lawyer if:
- Your claim is denied or the insurer claims your injury isn’t work-related.
- The insurance company pressures you to see only their approved doctors.
- The settlement offer is too low to cover your medical bills and lost wages.
- Your injury causes a permanent disability or prevents you from returning to work.
- The insurer disputes your permanent disability rating, which affects your benefits.
- Your employer retaliates by firing, demoting, or intimidating you for filing a claim.
- The insurer blames your injury on a pre-existing condition to avoid paying.
- You cannot reach a fair settlement agreement with the insurance company.
- You are given false information that delays or reduces your benefits.
- Your approved compensation payments are delayed without reason.
In Florida, you generally have two years to file a claim from the date you knew (or should have known) your injury or illness was related to your job.
If you are facing any of these issues, contact us to secure the legal support you need.
Victor Malca Law – A Trusted Name in Florida
For over 30 years, Victor Malca Law has been a trusted advocate for injured workers throughout Florida. Our extensive litigation experience is focused on one primary goal: helping you secure the benefits you deserve. We specialize in representing employees in workers’ compensation cases and guiding disabled individuals through the complexities of Social Security Disability claims.
Our commitment to defending employee rights is recognized by our clients and peers alike. We handle every aspect of your case so you can focus on your recovery.
Let us fight for you. Schedule your free consultation today.