Most employees in Florida are entitled to employer-provided workers’ compensation insurance. This benefit offers free medical care for work-related illnesses and injuries, along with a partial wage while you are recovering.
However, accessing your benefits can be challenging, especially if you are seriously injured. Fortunately, a DeLand workers’ compensation lawyer at Colling Gilbert Wright is available to help. Other lawyers recognize our experience and professionalism and often choose our attorneys when they or their loved ones need representation in an injury case.
What Injuries Qualify for Workers’ Comp?
Most employers with at least four employees must provide workers’ compensation insurance, although there are some exceptions. Your workers’ compensation coverage begins on your first day of work. You are covered even if you are a part-time, probationary, temporary, or seasonal worker.
The program covers any work-related injury or illness. You do not need to be actually engaged in job duties at the time you are injured. For instance, breaking your ankle in the employee cafeteria on your lunch break would be a work-related injury.
Some work-related injuries and illnesses occur over time. Exposure to toxic substances can lead to organ damage, cancer, and other debilitating and sometimes fatal illnesses. Managing workers’ compensation claims in these cases may be especially challenging, but our compassionate attorneys in DeLand could help to ensure you receive the benefits you deserve.
What Is the Claims Process When the Injury Is Severe?
Most work-related injuries and illnesses heal eventually. As your condition improves, your doctor will certify that you are able to return to work, sometimes starting on light or limited duty. You can appeal that decision if you disagree with it or seek a second opinion.
The process is different when you have a significant injury. As a workers’ compensation lawyer in DeLand could explain, Florida Statutes § 440.15 allows a presumption that you will be permanently and totally disabled if you sustain an injury that results in any of the following:
- Hand, foot, arm, or leg amputation
- Specific neurological problems
- Total or industrial blindness
- Paralysis
- Severe burns that affect 25 percent or more of your body
You will receive permanent total disability benefits for these injuries unless your employer or the workers’ compensation insurance carrier proves that you are capable of sedentary employment.
Our attorneys are ready to advocate strenuously for you if your workers’ compensation insurance tries to deny you permanent total disability after a catastrophic injury. We could prepare a petition for benefits before the Office of Judges of Compensation Claims (OJCC), which typically involves mediation and a hearing if negotiations are unsuccessful. If the OJCC process does not yield a favorable result, we could pursue your case in court.
Third-Party Claims Can Provide Additional Compensation
When a third party’s negligence created the situation that caused the injury, you can sue them for damages. You may be able to collect any medical expenses that workers’ compensation did not cover, the portion of your wages that disability does not pay, and money for your pain and suffering.
Responsible third parties could include property owners, independent contractors, other companies working at the same job site, and equipment manufacturers. Our attorneys have obtained substantial verdicts and settlements against third parties to help compensate injured workers in DeLand and across Florida, including:
- $3.8 million from a manufacturer when a bucket lift malfunctioned and dropped a lineman to the ground
- $4.125 million against a heavy equipment rental company when an accident left a worker paralyzed
- $16 million against a product manufacturer for a workplace explosion that caused severe burns and PTSD
This list is just a small sample of the many successful cases we have brought against third parties on behalf of severely injured workers.
We are prepared to investigate any work-related injury to discover whether a third party could bear full or partial responsibility and aggressively pursue claims against them to ensure that you receive fair compensation.
Contact a DeLand Workers’ Compensation Attorney After an Employment-Related Injury
When you suffer a serious injury at work, you need a qualified DeLand workers’ compensation lawyer to ensure your financial security. Contact The Florida Firm for help after a work-related accident. Our team of experienced legal professionals is here to help you access the benefits you have earned and hold the wrongdoers accountable for your injury. Schedule your free consultation now.