Work Injuries Attorney in Florida
Most employers comply with federal and state regulations to keep workers safe. Unfortunately, even with protocols in place, accidents resulting in injuries can still happen. If you sustained a workplace injury in Florida, you’re entitled to workers’ compensation.
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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.
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Courtney LaChapelle
I had an auto accident back in September, and went to Andrew Pickette Law to get a case going for my medical expenses I was having to deal with. I was working closely with Vonda and Tiffany Whitehouse through the last several months. We’ve finally come to the conclusion of my case and I am so thrilled with the outcome. These ladies have been here for every question and concern that I’ve had during this process. This is an exceptional law office and would recommend anyone seek out their services. You’re getting someone that is from our area, knows Florida laws, and truly gets to know their clients.
Luke Dow
Andrew has established his firm as a pillar of excellence in personal injury space. He and his team have a track record of successful outcomes, they’ve earned their reputation as one of the most reliable legal practices in the area. Highly recommend Andrew Pickett Law.
Sneha Das
I had a great consultation with Ashley, she was very compassionate and walked me through the entire signing process. She explained everything clearly and was very patient and understanding, as it was my first time going through anything like this. She made me feel reassured and that I am great hands with Andrew Pickett Law!
Ella-Louise Steensma
Andrew Pickett Law firm has been so helpful already, Ashley S has been so kind and helpful answering all my questions! She is understanding of what you need and helps you get it!
Tony Burns
Known Andrew for years and if you’re looking for a great attorney, he’s your guy!
Amy Crotty
Ashley was super helpful and walked me through the steps I needed to get my case started. She was very informative and made me feel very comfortable.
Brandi LEMA
Vonda has been really great she’s so sweet she stays on top of things and keeps you notified of everything!! Andrew Pickett is the BEST LAW FIRM I’ve ever dealt with hands down!!!
Feliciano Lopez
Andrew Pickett law was very helpful and made the process very easy and smoothly I really appreciate the help they gave us and how they sincerely cared and that in itself means a lot I highly recommend them
Helen Keiller
I was sent a short notice to Andrew Law firm . Hailey – Intake Called me back with so much patience and concern for what happened to me . Feels so much warmer and care . They gives me more information about what I need to do for help. Very appreciate even they are not able to help me. Thanks again for her time and compassionate . Thanks Hailey – Intake
Rockeisha J
Ms.Ashley And Ms.Hailey Was A Huge Help With Myself In My Daughter , They Was Very Patient When We Ranned Cross A Few Hiccups , They Were Very Respectful And Dedicated Too Helping Us As Much As They Could Not Only Helping In Having Patience But A Listening Ear With Plenty Support In A Time Of Need They Where Great And Very Upfoward
Erin Hussey
So far, Pickett law, and Ashley in particular have been amazing. They work so quick and are very responsive. I was in an accident Friday and called Friday evening after business hours and they contacted me first thing Monday morning to let me know they were working on my case. I feel safe having this firm in my corner.
Margarita Eberline
Andrew Pickett is an exceptional attorney and an even more incredible advocate for his clients! I had the pleasure of hosting him on The Care Sandwich Podcast, where he shared his journey and passion for helping those who’ve been wronged.
Andrew’s compassion and expertise truly set him apart, he’s not just a lawyer, he’s someone who genuinely cares about making a difference. If you’re in need of a personal injury attorney who will fight for you every step of the way, Andrew is the one to call. Highly recommend!
Sue Padgett
I have had nothing but a pleasant experience with Ashley as my first time dealing with an attorney and their staff. She helped make sense out of a lot of unknowns and questions I had. She is a joy to speak to and quick to respond to you, either after a phone call or text. I hope my whole experience with this group will be as comfortable as it was speaking with Ashley. I’m sure it will be.
Primo Garcia
For almost 2 yrs Mr. Pickett and his team worked endlessly on my case. They showed tremendous dedication and drive. Lindsey was always staying in contact and always reassuring me that they got this so don’t worry. Today I get a call stating we WON, all I can say is thank God that Andrew and Lindsey took my case because without them I don’t know what would have happened. God bless them both I love you guys.
Rose Harper
Pickett Law has exceptional trial attorneys and compassionate team members. I highly recommend Pickett Law for any accident and injury accident cases in Florida.
Megan Thomas
Excellent trial law firm. Andrew is a wealth of knowledge and works hard for his clients.
Jenn Gc
Outstanding law firm and great trial lawyer! Andrew and his team are some of the best in the business.
ranojoy guha
I had a chance to work with Andrew, he’s an incredible trial attorney and a wonderful human being.
kristie escalera
I love his dedication to the community.
Meet Andrew Pickett
When you sustain injuries in an accident due to the negligence of someone else, I am here to be your personal advocate and to navigate the murky policies of insurance companies designed to confuse and prevent you from receiving just compensation. My Florida personal injury law firm works together to investigate your case, prepare it for trial, and ensure that justice is served due to your accident and injuries.
When you sustain injuries in an auto accident caused by someone else’s negligence, we are here to be your advocates and guide you through the often-confusing insurance policies designed to delay or limit fair compensation. Our team works together to thoroughly investigate your case, prepare it for trial when necessary, and fight to ensure justice is served for your accident and injuries. You are more than just a number; you’re someone whose story matters. We are here to help. Our team will guide you through the civil litigation process and work tirelessly to secure the compensation you deserve so you can move forward.
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