Work Injuries Attorney in Florida

If you were injured on the job in Florida due to unsafe working conditions or employer negligence, Andrew Pickett Law can help. Our Florida workers’ compensation attorneys represent injured employees in workplace accident and job-related injury claims, working to secure the full benefits available under state law, including medical treatment, wage replacement, and long-term disability compensation.

Workers’ Compensation Law in Florida

It’s crucial to understand Florida’s workers’ compensation law. This requires knowing the state’s workers’ compensation statutes and employee rights and employer responsibilities.

Florida Workers’ Compensation Statutes

Florida requires employers with at least four regular full- or part-time workers to carry workers’ compensation insurance. According to Florida Statute 440.02, an employee can file a claim after suffering a job-related injury or illness.

Employee Rights and Employer Responsibilities

Employees have the right to file a workers’ compensation claim if they become injured or ill on the job. These benefits cover the costs of medical expenses and lost wages while unable to work or working a modified position during recovery.

Employers are legally required to carry workers’ compensation insurance if they have at least four regular employees. They must keep accurate records of all job-related worker injuries, illnesses, disabilities or deaths for at least three years. When an employee reports a work-related injury or illness, the employer must report it to their insurance carrier within seven days.

Compensation Benefits and Damages in Florida

Workers’ compensation offers specific benefits and covers certain damages in Florida. It’s important to know the available types, how to calculate compensation amounts and long-term vs. short-term disability benefits.

Types of Available Benefits

Florida’s workers’ compensation system offers numerous benefits. According to Florida Statute 440.15, permanent total disability pays 66.67% of an employee’s average weekly wage. Medical, permanent impairment and death benefits, temporary partial and temporary total disability, physical therapy and vocational rehabilitation are also included.

According to Florida Statute 440.16, the surviving family of a worker who dies from a job-related injury or illness is entitled to death benefits. This pays up to $7,500 for funeral expenses and 66.67% of the decedent’s average wage to their spouse.

Calculating Compensation Amounts

Workers’ compensation is calculated by considering an employee’s average weekly wage for 13 weeks until their injury or illness. Permanent and total disability is 66.67% of that amount and 80% for severe injuries. Temporary partial disability is 80% of a worker’s average weekly wage while permanent impairment pays 75% of the temporary total disability rate. Those whose income meets or exceeds the normal amount before injury recover half in benefits.

Long-Term vs. Short-Term Disability Benefits

There are differences between long-term and short-term disability benefits through workers’ compensation insurance. The former is available to workers who cannot perform any job due to injury. The latter is paid to employees temporarily unable to work.

Top Workplace Injuries in Florida

Certain workplace injuries are common in Florida. The top involve construction sites, healthcare workers and aerospace and manufacturing injuries.

Construction Site Injuries

Construction is one of the most dangerous industries and accounts for many catastrophic and even fatal injuries. Many workers’ compensation claims come from accidents on construction sites.

Healthcare Worker Injuries

Healthcare workers can suffer job-related illnesses due to exposure and needle-pricks. Slip-and-fall accidents and repetitive motion injuries are also common in hospitals and other medical facilities.

Aerospace and Manufacturing Injuries

Aerospace and manufacturing require demanding work that can cause numerous job-related issues. Musculoskeletal injuries affecting the neck, shoulders and back are the most common.

Navigating the Claims Process in Florida

After a workplace injury in Florida, you must navigate the claims process. This includes understanding the required documentation and medical evidence requirements.

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Required Documentation

Documentation is needed to prove you have suffered a work-related injury or illness. Keep a journal about the events of the accident or incident, take photos and videos and get witness statements. Seek medical attention immediately so you can get a diagnosis and have medical records attesting to your condition.

Your employer will give you a First Report of Injury or Illness form to complete and sign. Give it back so they can send it to the insurance company.

Medical Evidence Requirements

Some employers or their insurance carriers require workers to see doctors of their choosing. This is for an independent medical exam (IME). According to Florida Statute 440.13, it’s an objective evaluation to assess the employee’s condition.

Importance of Timely Claims Submission in Florida

It’s important to file timely workers’ compensation claims in Florida. You must know the filing deadlines and statutes of limitations and the consequences of late filing.

Filing Deadlines and Statutes of Limitations

You have 30 days from the date of the accident or incident causing your job-related injury or illness to your employer. The statute of limitations for filing a workers’ compensation claim is two years from the date your injury or illness manifested.

Consequences of Late Filing

Failing to file your workers’ compensation claim timely can compromise your ability to secure benefits. The insurance company will deny your claim believing your injury isn’t serious or legitimate.

Common Mistakes to Avoid in Your Claim Process in Florida

It’s crucial to avoid mistakes in your claim process. The most common are documentation errors and medical treatment compliance issues.

Documentation Errors

Documentation errors can result in a denial of your workers’ compensation claim. These include incorrect or missing information and even typos or misspellings. Carefully review your form before giving it to your employer for submission.

Medical Treatment Compliance Issues

Medical treatment compliance issues can prevent you from securing workers’ compensation benefits. Your claim may be denied if you fail to see the doctor authorized to perform an IME.

Settlement Options in Florida

Two different settlement options exist in Florida. You must understand the differences between lump sum vs. structured settlements and negotiation strategies.

Lump Sum vs. Structured Settlements

Comparing lump sum and structured settlement payments can help you decide which is better. Lump sums are paid once, which can help you pay off your expenses and invest a portion of the money. Structured settlements are paid monthly, quarterly or annually, giving you a regular stream of income.

Negotiation Strategies

An attorney can help you devise the best negotiation strategy for your workers’ compensation claim. The strongest evidence to get the best amount lies in your medical records. You may even have an expert witness called to testify about your condition.

Importance of Legal Representation for Workplace Injuries in Florida

If your employer or the insurance company denies your workers’ compensation claim, it’s crucial to retain an attorney in Florida. They know the law and can use it to protect your rights. Your workers’ compensation lawyer will fight to ensure your claim is accepted and you get the compensation you deserve.

How to Choose the Most Experienced Workplace Injuries Lawyer in Florida

Meeting with several workplace injuries lawyers is the best way to choose the one who represents you. Discuss your case and ask questions to get a feel for their working style. It can help you narrow down your search to find the most experienced workplace injuries attorney.

Andrew Pickett Law: Your Trusted Work Injuries Attorney in Florida

If you’ve suffered an injury while on the job in Florida, don’t navigate the complex legal process alone. The dedicated legal team at Andrew Pickett Law stands ready to protect your rights and pursue the maximum compensation you deserve. Getting started is simple – we provide free consultations when you call us or complete our website’s contact form. Our skilled attorneys will evaluate your case at no charge, helping you understand your options and develop a clear path forward for your workers’ compensation claim.