You may be covered by workers’ compensation insurance that supports you if you are injured at work or develop an illness related to your employment. Nearly all employers in the state are required to provide this insurance.
Unfortunately, accessing your benefits can be complicated, and disputes frequently arise. A Kissimmee workers’ compensation lawyer can help you apply for benefits and appeal unfair decisions. Our proactive personal injury attorneys at Colling Gilbert Wright can also investigate whether a third party may have responsibility for your injuries and be liable to pay compensation.
Understand Your Rights After a Workplace Injury
Every employer in the state of Florida with four or more employees must provide workers’ compensation insurance. You have this coverage from your first day of work, whether you are a permanent or temporary employee, full-time or part-time.
Workers’ compensation provides free medical care for any work-related injury or health condition. Your employer or their insurer could choose which healthcare provider can treat you. An employer may supply a list of approved providers for you to choose from.
You may also receive a partial wage if your injury prevents you from working. You could be paid if the injury leaves you with a permanent disability that impacts the functioning of a body part or system. If your disability is total and permanent, Florida Statute § 440.15 provides for disability payments until you turn 75. Our team of workers’ compensation attorneys in Kissimmee can help you navigate this process.
How Our Workers’ Comp Lawyers Can Help
There are numerous disputes that commonly arise in workers’ compensation cases. If you receive a denial of your claim or an unfavorable decision during the process, contact our Kissimmee workers’ compensation attorneys immediately.
The workers’ compensation insurer may deny your claim if it believes you are not injured or that your condition is not work-related. Other common reasons for disputes include disagreements regarding:
- Whether you are ready to return to work
- Limitations on work hours and duties while you are recovering
- Reaching maximum medical improvement (MMI)
- Whether you are entitled to change doctors or get a second opinion
- Your disability rating if you have a permanent partial disability
- Whether you qualify for permanent total disability
You can appeal any of these decisions within the time limits stated in the notice of decision.
Our lawyers can compile the necessary documentation to support your position. When a hearing is required, we can represent you before the court and make a persuasive case on your behalf. Aggressive advocacy often results in reversals, allowing you access to your benefits.
Lawsuits Are Possible in Some Cases
Workers’ compensation is a no-fault program, which means you are entitled to benefits even if you are to blame for the accident that injured you. The only exceptions are if you intentionally injured yourself or if you were intoxicated at the time of the incident. In return for these benefits, you cannot sue your employer for your injury, even if the employer’s negligence led to it.
However, there are often third parties that bear at least partial responsibility for your injuries. If their negligence contributed to the incident, you can sue them for compensation. Our dedicated workers’ compensation lawyers in Kissimmee can investigate any workplace accident or work-related illness to determine whether a manufacturer, property owner, independent contractor, or other party involved in the incident can be held liable.
If so, you are entitled to damages. You can receive reimbursement for any incidental expenses you incurred and the portion of your wages that workers’ compensation does not cover. You can also claim compensation for your non-economic losses, such as scarring, physical pain, lost enjoyment of life, and emotional anguish. Our legal professionals obtained $12.5 million for a worker who suffered a spinal cord injury in a previous case, and we will fight just as hard to pursue the maximum compensation available to you.
Call a Kissimmee Workers’ Compensation Attorney at Our Firm
Workers’ compensation provides valuable benefits, but the system can be complicated and unfair. Work with a Kissimmee workers’ compensation lawyer to ensure timely access to the benefits you are entitled to receive.
Lawyers, doctors, and other professionals recommend our firm to those who need help with workers’ compensation matters. We do not charge for consultations, so get in touch with us today to discuss your legal rights and options.