If you were recently injured at work, you could be entitled to workers’ compensation benefits. The workers’ compensation attorneys at Colling Gilbert Wright could review the details of your potential claim and explain what legal recourse is available for the most common workplace injuries.

What Are the Most Common Workplace Injuries?

In Florida, workplace injuries encompass a wide range of incidents and health conditions that occur while employees are performing their duties. These can range from minor injuries to severe—and even fatal—accidents and illnesses. Commonly reported work-related incidents and injuries include:

• Slips, trips, and falls
• Overexertion
• Repetitive strain injuries
• Falling objects
• Machinery and vehicle accidents
• Exposure to harmful substances
• Occupational illnesses

Most work-related injuries are covered under workers’ compensation, regardless of who was at fault for the accident. Workers’ compensation provides a range of benefits for employees injured while working, including 100 percent of necessary medical costs and generally two-thirds of the employee’s average weekly wage. Additionally, it may provide educational retraining and disability benefits if the injury results in permanent impairment.

Workplace injuries can range from minor cuts and bruises to severe injuries, such as fractures, burns, amputations, and death. While workers’ compensation benefits typically cover job-related injuries, legal representation is crucial, particularly if the insurance company denies the claim or disputes liability or if the injuries are severe.

Eligibility for Workers’ Compensation Benefits

Your compensation eligibility generally depends on three main factors: employer coverage, employee status, and a work-related injury or illness. Employers with four or more employees, or any construction company regardless of employee count, must carry workers’ compensation insurance. You must be a payroll employee, either full-time or part-time, to qualify for benefits. Independent contractors are generally excluded, but there are exceptions.

The injury or illness must occur at work or be directly related to your job duties. This includes injuries sustained during work-related activities outside the workplace, such as during business trips. You must report the injury to your employer within 30 days of the incident or from the date you discover the injury or illness. However, you have up to two years from the date of the injury to file a workers’ compensation claim in Florida.

How to Avoid Common Workplace Injuries

The best way to avoid a workplace injury claim is to prevent the accident from happening in the first place. While mishaps happen on the job every day, there are a few strategies you and your company could implement to protect your health and well-being. To help prevent or lessen the chance of injury, follow these safety tips:

• Slips, Trips, and Falls: Maintain clean work areas, free of clutter, immediately clean up spills, secure loose cables, and ensure there is high-visibility lighting installed in work areas.
• Overexertion: Use proper lifting techniques, implement mechanical aids like carts and dollies, take frequent short breaks, and ask for assistance with heavy or awkward loads.
• Repetitive Strain Injuries: Take short, regular breaks to stretch, move, and prevent muscle fatigue.
• Falling Objects: Secure tools with lanyards, install toe boards and netting, create exclusion zones below overhead work, store materials safely, and inspect equipment regularly.
• Machinery and Vehicle Accidents: Install machine guarding, conduct pre-shift equipment inspections, enforce speed limits for vehicles, and ensure regular, comprehensive safety training.
• Exposure to Harmful Substances: Wear personal protective equipment, such as gloves, hard hats, safety shoes, or goggles to limit exposure to harmful substances.
• Occupational Illnesses: Eliminate hazards, substitute dangerous materials, implement engineering controls (like effective ventilation), and utilize personal protective equipment.

What Should I Do If I Suffer a Workplace Injury?

If you were involved in a workplace safety incident and suffered an occupational injury, what you do next could make all the difference in the outcome of your claim. Our award-winning personal injury attorneys provided these steps to help you get the most out of your workers’ comp benefits. Ensure you achieve maximum medical improvement as quickly as possible, and:

1.     See A Doctor Immediately: Seek medical attention, regardless of how minor the incident may seem. Tell your provider that the injury is work-related.

2.     Report the Injury: Notify your employer in writing within 30 days. Delayed reporting could lead to a denial.

3.     Use Authorized Doctors: Florida workers’ compensation insurance requires you to use doctors they authorize. Ask your employer for this information.

4.     Document Everything: Take photos of the scene, document your symptoms, keep copies of all medical records, and save communications with your employer.

5.     File a Claim: The employer must file a “First Report of Injury or Illness” form with their insurer within seven days of your reported injury.

6.     Await Approval: You should receive workers comp approval and your first payment within 14 to 21 days of reporting. Wage loss benefits start after a seven day waiting period.

7.     Contact an Attorney: If your claim is denied or you have questions, consult with a qualified workers’ compensation attorney.

What To Avoid When Discussing Your Workplace Injury

When speaking to your workers’ comp claim’s adjuster or doctors, never lie about your injuries, exaggerate symptoms, or admit fault. It is important that you are truthful, but you should also avoid saying things like “I’m okay,” even when you feel fine and are ready to return to your job. Statements like this could downplay your claim.

Keep your answers brief, factual, and consistent, as discrepancies in your statements could disqualify you from receiving benefits. You also want to avoid speculating on the extent of your injuries or recovery times. These decisions are best left to your doctor. Do not feel pressured into making statements about your ability to work nor should you agree to making a recorded statement. Just focus on your recovery and let your attorney deal with workers’ comp personnel.

Contact an Attorney Today About Typical Work-Related Injuries

Our attorneys at Colling Gilbert Wright help people with workers’ compensation claims in Orlando and throughout the state. We handle a variety of cases where employees sustained injuries at work and need assistance navigating the workers’ compensation system.

Our goal is to ensure that you receive the benefits you deserve so you can focus on your recovery. Most of our cases are referred to us by fellow lawyers and past clients. Our recent victories for workers’ compensation clients include a $782,000 settlement for a worker who suffered severe back and shoulder injuries and a $12.5 million settlement for a client who sustained spinal cord injuries and paralysis from a job incident. 

Contact The Florida Firm today to explore your legal options during a personalized and free case review.

The post The Most Common Workplace Injuries appeared first on Colling Gilbert Wright.

A settlement can replace weekly benefits with a single lump sum, allowing you greater financial freedom and more control over your recovery. At the same time, the insurance company no longer needs to administer regular payments and can close out your claim.

However, when you accept a settlement offer, you essentially give up your right to pursue any additional compensation related to your work injury. If the amount is sufficient, accepting an offer may be a good decision, but when it’s not, you could end up in a difficult financial situation down the line.

At Colling Gilbert Wright, we understand how complicated the workers’ compensation process can be, especially when determining the full value of your claim, negotiating with insurance companies, and ensuring your rights are protected. If you’re wondering, “When will workers’ comp offer a settlement?” our experienced and dedicated Orlando workers’ comp lawyers can help.

To discuss your claim over a FREE case evaluation, call Colling Gilbert Wright at (407) 712-7300 today. We are honored to represent our neighbors in Orlando and throughout Florida.

How Does Workers’ Compensation Work?

Workers’ compensation is a critical protection for Florida workers. It is a requirement for most companies that employ four or more people, although construction companies must carry insurance with just one employee.

Coverage is administered on a no-fault basis, meaning you are generally eligible for benefits even if the accident that caused your injury was your fault. However, you are required to report your injury to your employer within 30 days to remain eligible for benefits.

Once your employer has been notified, they are required to report your injury within 7 days to their workers’ comp insurance carrier. The insurance company will have a list of medical providers from who you can receive treatment. If you decide to see an unapproved provider, be aware that your expenses may not be covered.

The benefits you are eligible for depend on your injury. There are a few categories your benefits may fall under, including:

• Temporary Total Disability
• Temporary Partial Disability
• Permanent Total Disability

Once your doctor considers you at maximum medical improvement (MMI), you may also be eligible for impairment income benefits (IIB). Surviving dependents and spouses of workers who tragically passed away from their work injuries may also receive death benefits, including funeral expenses, compensation to surviving dependents, and educational resources for the surviving partner.

When Will Workers’ Comp Offer a Settlement?

When will workers’ comp offer a settlement? There is no exact moment in time when insurance adjusters offer settlements. In some cases, it happens after a worker reaches MMI, which helps clarify the long-term value of a claim.

In some cases, however, an insurance company may offer a settlement before MMI is reached. While they may claim this is for your benefit, it could mean they are concerned that your claim might be more expensive than they want to pay. You may also receive a settlement offer in the midst of an appeal for a denied claim if the insurance company believes the decision will be reversed.

Ultimately, regardless of when it is offered, the most important thing when evaluating a settlement is to ensure it is fair. Discussing your claim with a practiced workers’ compensation lawyer in Orlando can help clarify the best course of action.

Read More: Will Workers’ Comp Offer Me a Settlement?

Does Workers’ Comp Offer a Settlement in Every Claim?

No. Workers’ comp does not offer a settlement in every claim. While a large percentage of cases are resolved through voluntary settlements, others proceed with ongoing medical care, benefits, or through litigation. So, it is important to understand that a settlement is not guaranteed, and while common, it is not required to close your case.

What Is a Fair Workers’ Comp Settlement?

As we’ve said, a more relevant question than “When will workers’ comp offer a settlement?” is “What is a fair settlement?”

A fair workers’ comp settlement adequately covers the losses and expenses you have incurred as a result of your injury, along with any additional losses or expenses you are likely to encounter in the future.

As such, there are some critical expenses to consider when determining the value of your claim, including:

• Medical expenses, including surgeries, physical therapy, doctor visits, and medications
• Lost wages, including those you have not yet incurred but expect to in the future
• Permanent disability if you are unable to work due to your work injury
• Vocational rehabilitation if you require training or education to change your career path due to a permanent impairment

Understanding the value of these expenses—including those you have already paid and those you expect to pay in the future—will help you determine what a fair settlement might look like.

It is important to know that there is no set “fair amount.” The settlement amount that will be fair in your situation is completely dependent on your unique set of circumstances.

Read More: How Much Should I Expect from a Workers’ Comp Settlement?

How Do I Know If I Should Accept a Settlement Offer?

The short answer is that a settlement may be fair if it adequately covers your expenses. However, there may be other factors to consider that could impact your decision.

For example, it’s important to understand that accepting a settlement offer will typically forfeit your rights to file a lawsuit against your employer for additional compensation. While workers’ comp laws generally protect employers from lawsuits brought by injured workers, there are some exceptions when you can sue your employer, including if your employer:

• Deliberately caused the accident that led to your injuries
• Retaliated against you for filing a workers’ comp claim
• Showed extraordinary recklessness in their failure to protect workers’ safety
• Interfered with your workers’ comp claim in an attempt to have it denied
• Failed to carry workers’ comp insurance when they legally are required to do so

If you believe one of these situations may apply—or if you are unsure about the total value of your claim—we recommend speaking with a trustworthy Orlando workers’ compensation lawyer who can evaluate your claim and help you decide on the best path forward.

At the end of the day, you want to make sure that you maximize the value of your claim so that it adequately covers your short- and long-term expenses. If there is an opportunity to seek additional compensation above and beyond your workers’ comp benefits, you should fully pursue it.

How Much Is a Typical Workers’ Comp Settlement?

Like most insurance claims, there is really no such thing as a “typical” settlement from workers’ comp. The reason behind this statement is that every case is different, and compensation is based on a number of factors, from medical costs to permanent impairment ratings.

However, it is possible for an attorney to review similar cases and historical data on payouts to provide clients with a general ballpark figure. Many workers’ comp settlements range from $2,000 to over $100,000, with come claims falling between $20,000 and $47,0000, depending on injury severity. Cases with severe injuries, such as brain trauma, could potentially exceed $500,000 with the right legal counsel. Some common settlement offered by injury type include:

• Minor Soft Tissue Injuries and Sprains: $10,000 to $50,000
• Herniated Disk or Back Surgery: $75,000 to $350,000
• Knee Injury (ALC or Replacement): $10,000 to $50,000
• Hand Injuries: $10,000 to $200,000
• Traumatic Brain Injury: $50,000 to $500,000 or more

How Does Workers’ Comp Calculate Settlement Offers?

Workers’ comp settlement offers are calculated by combining past and future medical expenses, lost wages, and permanent disability ratings. Adjusters use these figures to come up with a lump sum offer or structured payments. The basic formula generally involves multiplying the percentage of permanent disability by a state-mandated value for the injured body part, multiplied by two-thirds of your average weekly wage. Elements that influence workers’ comp settlements include:

• Permanent Disability Rating: A doctor assigns a percentage, such as 10 percent, 25 percent, etc., to represent how much function you lost due to the work injury.
• Average Weekly Wage (AWW): Generally 2/3 of your gross earnings for the 52 weeks prior to the injury, often capped by state maximums, which was $1,260 in Florida for 2024.
• Body Part Value Chart: Specific body parts are assigned a maximum number of weeks in a statutory chart. For example, a hand injury is valued higher with more weeks considered than an injured thumb.
• Medical Expenses: Both past costs and estimated future medical care expenses are always factored into a settlement offer.
• Age and Occupation: Younger workers or those with physically demanding jobs may receive higher settlements than older workers, as the disability affects their future earning potential more. However, older workers often have higher settlement values due to longer recovery times and more severe injuries.

How to Maximize a Workers’ Compensation Settlement

To maximize a workers’ compensation settlement, it is important to seek prompt medical care. Make sure to report your injury to your supervisor right away. Always follow your doctor’s instructions to the letter, as non-compliance with treatment allows insurers to argue your injury is not severe. Failing to follow this advice would likely reduce the amount of your settlement.

You also want to build a strong record of medical evidence. To accomplish this step, keep a detailed physical or digital file of all medical bills, treatments, prescriptions, and time off work. Do your best to avoid common pitfalls as well, like returning to work before being cleared or providing recorded statements to insurance adjusters without your lawyer present.

Hiring an experienced workers’ comp lawyer could result in significantly higher payouts than claimants like you who attempt to manage the process alone. In fact, Colling Gilbert Wright secured $12,500,000 for one workers’ comp client with a spinal cord injury and paralysis. We did this by accurately valuing the claim and navigating legal hurdles.

Do I Need a Workers’ Compensation Lawyer in Florida?

Injured workers can certainly file and manage their own workers’ compensation claims without the help of an attorney. However, it can be risky in certain circumstances, including:

• When your claim is denied. The stakes are very high in an appeal. An attorney can help make sure you avoid common mistakes and have strong evidence to support your claim.
• When you are eligible for additional compensation above and beyond your workers’ comp benefits. In this case, you will have to file a separate claim for damages based on negligence. The assistance of a lawyer in a personal injury case will significantly improve your chances of securing compensation.
• When the insurance company offers a settlement while the extent of your injuries and expenses is still not clear. You may end up being offered far less than you deserve, and a workers’ comp lawyer has the experience to gauge what is appropriate and negotiate with confidence.

It’s important to understand that this may be your only chance to recover compensation for your losses and expenses. If you later realize that you did not recover enough, it will be too late. That’s why getting it right the first time is so important.

Contact the Dedicated Attorneys at Colling Gilbert Wright

Making big decisions about your workers’ compensation claim can be confusing and frustrating. The best path forward isn’t always clear—which is where we come in.

As distinguished Orlando workers’ compensation lawyers, we understand the complexities of workers’ comp claims, the different options available to injured workers, and the potential roadblocks when seeking benefits or compensation. Our goal is to be a valuable resource for injured workers trying to recover the maximum benefits they deserve.

If you’re wondering, “When will workers’ comp offer a settlement, and is accepting it the right move?” our attorneys can provide the guidance you need to make the best decision for your future. We are here to walk alongside you every step of the way.

To get started with a FREE case evaluation, contact Colling Gilbert Wright today.

The post When Will Workers’ Comp Offer Me a Settlement? appeared first on Colling Gilbert Wright.

When you’re in pain and wondering if your injury will stop you from being able to live the life you had before, the last thing you want to do is learn how to assert your rights in a workers’ compensation claim. We’ve compiled a list of the next steps in the event of an unfortunate fall while at work.

If you are injured in a fall at work in Orlando, you will most likely qualify for workers’ compensation under Florida law. You may still want to consult a workers’ compensation lawyer to ensure you maximize your benefits.

Schedule a FREE, no-obligation consultation with the attorneys at Colling Gilbert Wright by calling (407) 712-7300 today.

You Have the Right to a Safe Workplace

Federal laws require employers to keep their workplaces as safe as reasonably possible. Some industries, such as construction and certain manufacturing, are inherently dangerous, but employers must minimize workers’ risk to the extent feasible. Many states have also enacted statutes and regulations governing workplace safety.

Employers must keep machinery in good repair. They must provide adequate safety equipment and proper training in using it and performing the job safely. You have the right to:

• Refuse to work in unsafe conditions
• Demand a safety inspection, including inspections from the federal Occupational Safety and Health Administration or its state counterpart 
• Speak with the inspectors 
• See the results of any inspection 

The law protects you from retaliation for exercising any of these rights.

Workplace safety issues that cause falls can include unsafe stairways and scaffolding, damage or leaks that cause standing water, and other preventable conditions. If your employer is not addressing these safety concerns, consult a workers’ compensation attorney about how to respond effectively.

What Can Cause a Fall at Work?

According to the Centers for Disease Control and Prevention (CDC), the construction industry has the “highest frequency of fall-related deaths.” However, injuries from nonfatal falls are most prevalent in “health services and the wholesale and retail industries.” Though this data was gathered in 2020, the construction, health services, and wholesale/retail industries have been found to have a high incidence of falls over time.

Some of the more common causes of falls at work include:

• Wet/oily/slippery floor (often from neglected spills)
• Uneven walking surfaces
• Cluttered walking/working space
• Poor lighting
• Loose mats or rugs
• Uncovered cables
• Weather hazards (icy, snowy, slick surfaces)
• Unsafely used or positioned ladders
• Failure to follow safety precautions

In addition to the above, some common causes of falls in construction are:

• Improperly-used fall protection
• Unprotected edges
• Floor holes & wall openings

What Are Common Injuries Related to a Fall at Work?

Injuries related to a fall at work can range dramatically. According to Injury Facts, 82% of nonfatal injuries from slips, trips, and falls result in:

• Soreness & pain
• Sprains, strains, or tears
• Broken bones
• Bruises and/or contusions

However, head, back, and neck injuries, cuts, scratches, and bumps are also common.

Head injuries resulting from a fall, even from a standing position, are dangerous. Falls can be fatal—do not forget. Any fall should be taken seriously, and the injured party should be seen by a physician, especially if they bumped their head in the process.

Read More: Can I Sue Workers’ Comp for Pain and Suffering in Florida?

What To Do After a Fall at Work?

Since a fall at work can range in severity, it is vital to take steps to protect yourself in the aftermath. Even if you feel fine immediately after, injuries could have yet to surface. To preserve your health and your rights to compensation, we offer these guidelines to follow after a fall at work:

1. Seek Medical Attention

Don’t hesitate. Call 911 or go to the closest emergency room if you need immediate treatment for your injury. If it isn’t an emergency, your employers or their insurance company may require that a specific physician evaluate your injuries. Ask for their information, and schedule an appointment.

An immediate evaluation of your injuries can protect both you and your employer. Remember to obtain copies of the following:

• Scans and/or x-rays
• Medical bills
• Medical records
• Any instructions or statements made by the doctor who examined you

2. Document the Scene

If you require emergency medical treatment, disregard this step until your next opportunity. However, document the scene of the fall as soon as you are able.

Take photos of where the fall occurred and any obstacles/hazards present that could be responsible for your fall. Talk to witnesses and any colleagues who knew of the potential danger.

3. Report the Injury to Your Employer

As soon as possible, report the incident to your employer. Reporting early on can benefit you for two reasons: Your report will be thorough with the accident still fresh in your mind. Florida Statute § 440.185 dictates that you only have 30 days from the “manifestation” of your injury to report the accident to your employer. If you don’t report an accident and injury within 30 days, your claim for workers’ compensation is likely to be rejected.

You may find pertinent information for reporting your injury in your employee handbook. Likely, you will need to provide the following:

• Date the injury occurred
• Details of the injury
• The effect the injury has had on your life and your ability to work

Ensure you are given a copy of the injury report and all other relevant documentation, including the insurance company’s name and contact information.

After you’ve reported your injury, your employer must notify their workers’ compensation insurance within 7 days. If they fail to do so, you have every right to contact the insurance company on your own.

Read More: How to File a Workers’ Compensation Claim

4. Gather Your Evidence and Documentation

The key to a solid claim is solid evidence and documentation. Be vigilant in gathering and maintaining any documentation from the fall on. This might include:

• Photos of the scene
• Proof of obstacles/hazards that caused the fall
• Physical evidence
• Witness statements
• Medical bills
• Medical history
• Doctor’s directives
• Treatment plans
• Receipts for prescriptions
• Time off work records
• Pain journal
• Incident reports
• Correspondence with your employer, the insurance company, doctors, etc.

5. Hire a Workers’ Compensation Lawyer

Navigating the workers’ compensation system can be a nightmare, even when you are healthy. If you’re trying to recover from a fall-related injury, it’s even more difficult. Hiring a qualified workers’ compensation attorney may be in your best interest.

An experienced attorney can help:

• Fill out the proper forms & file them on time
• Pursue the appropriate benefits for your injury
• Negotiate on your behalf
• Pursue all legal options if a dispute arises or your claim is denied

Read More: How Long Does It Take to Settle a Workers’ Comp Case in Florida?

Understand Your Workers’ Compensation Benefits 

Almost every state, including Florida, requires employers to provide workers’ compensation benefits. Many states exempt very small employers and certain job categories, but most people have workers’ compensation insurance through their employer. Most employers offer the program through an insurance company, but some larger employers self-insure. 

Workers’ compensation provides free healthcare treatment for work-related injuries and pays a partial wage while your injuries prevent you from working. If you suffer a permanent injury, the program pays partial and total disability benefits. The coverage usually begins on your first day of work, and you have this benefit even if you are a temporary, seasonal, or part-time employee.

There are numerous steps in the workers’ compensation claims process, and many points when you might disagree with the decision of the workers’ compensation insurer. An experienced attorney can protect your rights throughout the process and help you if you need to appeal any of the insurer’s decisions.

Disputes Can Arise During the Claims Process

In most cases, you will report a fall to your employer, make your claim, and receive your benefits until you are healed enough to return to work. Sometimes the process is more complicated.

If the insurer suspects your injury is the result of impairment or horseplay, self-inflicted, or not work-related, it might deny your claim. You might disagree with the treating physician about whether you are able to return to work and perform all aspects of your job. If you have injuries that don’t heal completely, there might be a dispute about the extent of your permanent disability.

It is wise to seek help from an experienced workers’ compensation attorney whenever your injury requires ongoing medical treatment. They can help you file your claim and manage your response to any disagreements that arise during your recovery.

Can You Bring a Lawsuit for a Workplace Fall?

Workers’ compensation provides valuable benefits, but you will still suffer financial losses from a work-related injury. Sometimes workers wonder whether they can sue for the portion of their wages workers’ compensation does not pay, and get compensated for their pain and suffering. You cannot sue your employer, but you may be able to sue a third party.

If your fall was caused by a defective product or a hazard caused by an independent contractor or someone who works for another employer, you could bring a lawsuit against them. A capable attorney could advise you whether you have grounds for a third-party lawsuit.

When Should You Call a Workers’ Compensation Lawyer?

The first thing you should do after an accident at work is seek medical attention. The second thing you should do is contact a workers’ compensation attorney to evaluate your case. A knowledgeable lawyer can navigate your claim smoothly and pursue maximum benefits.

On the other hand, if your work requires you to visit other sites for meetings, sales calls, or other purposes, workers’ compensation will cover a fall that occurs during the course of your employment. You may also have a claim against the property owner if an unsafe condition caused your fall. Your lawyer will understand the ins and outs of your case and be able to handle it accordingly.

Read More: Can I Sue My Employer for Denying Workers’ Comp?

Workers’ compensation will likely cover your losses if you’ve been injured in a fall at work in Orlando. Under Florida law, most eligible employees are entitled to benefits regardless of how they were injured, barring intoxication or purposely injuring themselves.

Contact Colling Gilbert Wright today for a FREE case evaluation with one of our Orlando workers’ compensation lawyers!

The post What Happens if You Fall at Work? appeared first on Colling Gilbert Wright.

However, many delivery drivers are classified as independent contractors, who are not typically covered by workers’ compensation. If you were injured while working as a food delivery app driver, our workers’ compensation attorneys at Colling Gilbert Wright could help you better understand your legal rights and options based on your specific situation. 

Understanding Workers’ Compensation Requirements 

Florida law requires most businesses with four or more employees to have workers’ compensation insurance. The definition of an employee can be complex, but it generally includes individuals who are subject to the employer’s control and direction. Workers’ compensation insurance covers medical expenses, lost wages, and disability benefits for employees who are injured or become ill as a result of their work. 

The crucial factor in determining whether you qualify for workers’ compensation is your classification as an employee or an independent contractor. Independent contractors are generally not covered by workers’ compensation, which is how many food delivery app companies classify their drivers. This means that many food delivery app drivers are not eligible for workers’ compensation benefits if they are injured while working.

How Could Food Delivery App Drivers Get Compensated for Job-Related Injuries? 

If, as a food delivery driver, you are classified as an employee, you are likely eligible for workers’ compensation benefits if injured while performing your job duties. Examples of employees might include those directly hired by a restaurant for deliveries, those adhering to a set schedule and uniform, or those whose work is significantly controlled by the employer. 

Many food delivery drivers, however, are gig workers who are responsible for their own medical bills and lost wages if injured while working, unless they have private insurance or can pursue a third-party liability claim. Some companies may offer supplemental insurance policies for their independent contractors. Our attorneys can analyze the specifics of your work arrangement, including the level of control the company exercises over your work, your autonomy, and other factors, to determine whether you may be misclassified as an independent contractor when you should be considered an employee. 

Even if you remain classified as an independent contractor, we could help you explore other potential avenues for seeking compensation, such as filing a personal injury lawsuit, if another party’s negligence caused your injuries. If you believe you have been misclassified or are unsure about your eligibility for workers’ compensation benefits, contact us to speak to an attorney specializing in employment law who could evaluate what compensation you may recover for the harm you experienced. 

Contact Us To See if You Are Eligible for Workers’ Comp as a Food Delivery App Driver

If you are asking, “Do food delivery app drivers qualify for workers’ compensation?” we could help. At Colling Gilbert Wright, our attorneys have experience working on a wide range of complex cases, including those involving the eligibility of food delivery app workers for benefits. We assist with disputes over medical treatment, lost wages, and denied claims, and also pursue claims against negligent third parties.

Workers’ compensation laws can be complex, but our firm could guide you through the entire process. We are highly trusted by other law firms, receiving most of our cases through referrals from clients and other attorneys. One recent workers’ compensation settlement totaled $12.5 million for a client who suffered spinal cord injuries and paralysis due to a work-related incident. 

Please reach out to our legal team today to schedule your free consultation.

The post Do Food Delivery App Drivers Qualify for Workers’ Compensation? appeared first on Colling Gilbert Wright.

While you can’t be forced back to work after a job-related injury, you will need to return once your doctor says you’ve recovered enough to go back with or without work restrictions. However, in some cases, you may not be able to work the same position or work at all if you are designated with a permanent disability.

The Orlando workers’ compensation lawyers at Colling Gilbert Wright understand the complicated nature of workers’ comp claims and are avid advocates for workers’ and victims’ rights. Working within the workers’ comp system can be confusing and frustrating when you’re also dealing with painful injuries. The idea of being forced to return to work after an injury can be overwhelming.

We can help you through this process, pursue the maximum compensation you need to cover the losses you’ve endured, and ensure you are not forced back to work before you are ready. Depending on the details of your case, you may even have a third-party suit to pursue in addition to your workers’ compensation benefits.

Call (407) 712-7300 today to schedule a FREE and confidential case evaluation. We proudly serve our neighbors in Orlando and throughout Florida.

Who Decides When I Should Return to Work After an Injury?

When it comes to returning to work after an injury, your doctor’s recommendation is the most important factor. They are the medical experts who can assess your condition and determine if you’re physically ready to resume work.

We know that returning to work before you’re fully healed can be stressful and even harmful. We also understand that you might feel pressure from your employer or insurance company.

The good news is that no one can force you back to work until you’re fully ready. The decision isn’t solely yours nor entirely up to your employer. Instead, it is primarily determined by your doctor. Your treating physician will evaluate your recovery and provide guidance on whether you can return to work, what tasks you can perform, and whether restrictions are necessary.

In Florida, workers’ compensation law requires employers or insurance companies to designate approved doctors for injured workers. You may be able to select from an approved list or you could be assigned a specific doctor. The chosen doctor’s assessments will greatly impact your recovery timeline.

If you feel like your doctor’s assessment isn’t being respected or their opinion conflicts with how you’re feeling or your ability to perform work tasks, a workers’ compensation lawyer can be of great help. They can guide you through the process with patience and care and ensure your voice is heard.

Can Your Employer Force You To Return to Work After an Injury?

The short answer is no, your employer cannot force you to return to work until you are physically able to do so. Florida law protects workers from being forced to return to work if they are not physically capable. However, once your doctor determines that you’re able to perform your job—with or without restrictions—you will be expected to make an honest effort to return.

Additionally, in some situations, an employer may offer light-duty tasks, allowing you to ease back into your role. If light-duty or restricted work is offered and aligns with your medical limitations, declining it may result in the loss of your wage replacement benefits (Florida Statutes § 440.15(6)).

It’s important to know that your doctor’s restrictions matter. If the job offered is beyond what your doctor allows, then you don’t have to accept it. And if you ever feel pressured to return to work before you’re ready, a workers’ comp attorney can help fight for your best interests.

Can Workers’ Comp Force You Back to Work?

Workers’ compensation benefits are designed to support your recovery, but there can be a delicate balance when it comes to returning to work. If you are physically capable of light or restricted duties, workers’ comp may require you to accept a job offer that fits within those limitations.

Having legal support can help ensure your rights are protected, your health is prioritized, and your employer and insurance companies comply with the law. You deserve the time to heal, and a workers’ compensation lawyer can help you stand firm.

Can the Doctor Force You To Return to Work After an Injury?

Ultimately, your doctor holds the key to when you can return to work after an injury. If your doctor determines you’re not ready, no employer, insurance company, or workers’ comp adjuster can force you back into the workplace. The doctor’s recommendation is essential and will be used as the legal basis for any return-to-work decision.

Your treating doctor will assess your recovery and determine when—and under what conditions—you can return to work. If they believe you can work with restrictions, they will provide documentation outlining those limitations. However, if you feel that their assessment doesn’t reflect your actual condition, you may have the option to seek a second medical opinion through the workers’ compensation system.

Remember, your health and recovery come first. If you’re unsure about your doctor’s recommendations, consult a workers’ comp attorney to explore your options.

Can I Go Back to Work If My Doctor Says No?

No, you should not go back to work if your doctor hasn’t cleared you! Attempting to return prematurely could worsen your injuries and jeopardize your workers’ comp benefits.

What If My Doctor Sends Me Back to Work Full Duty, But I Am Still Hurting?

If your doctor clears you for full duty but you’re still experiencing pain or other symptoms, it’s important to speak up. You may need to request a second opinion or additional testing to make sure your condition is fully understood.

The workers’ comp process can be very complex and confusing. An Orlando workers’ compensation lawyer can ensure that your rights are protected and help you through the process.

What Is the Typical Workers’ Comp Return to Work Timeline?

Every workplace injury and accident is unique, so there’s no one-size-fits-all timeline for returning to work. The length of time it takes depends on the extent of your injury and the circumstances involved.

Florida’s workers’ compensation system requires regular medical evaluations to track your recovery and update your return-to-work plan. You should only return to work when:

• You’ve reached maximum medical improvement (MMI).
• Your treating doctor has cleared you with or without restrictions.

Rushing back to work before you are physically capable could exacerbate your injuries and prolong your recovery, especially if your job is physically demanding.

It is crucial to maintain open communication with your employer throughout this process. Many companies are willing to accommodate your work restrictions and provide opportunities for you to return to work safely within your capabilities.

What Is Maximum Medical Improvement?

Maximum medical improvement (MMI) is the point at which your treating doctor determines that your condition has improved as much as it is expected to through medical treatment. While you may still need ongoing care, MMI signifies you’ve reached a plateau in your recovery.

In Florida, once you’ve reached MMI, your benefits may change. For example, you’ll be responsible for a co-pay of $10 for any additional medical visits related to your workplace injury. If you have a permanent impairment, your doctor will assign an impairment rating, which may impact your eligibility for long-term benefits.

What Are Work Restrictions?

Work restrictions are documented by a medical professional qualified to evaluate your recovery and health. These restrictions dictate what tasks you can and can’t do while performing your job duties to prevent further injuries or aggravating your condition.

Examples of possible work restrictions include:

• Avoid lifting objects weighing more than a certain amount
• Reduce standing or sitting time to short intervals
• Limit repetitive movements, such as bending or reaching
• Avoid movements like kneeling, squatting, or climbing

Your employer must accommodate these restrictions if a suitable position is available. If not, you may continue receiving workers’ comp benefits until a resolution is reached.

Can I Lose My Job Due to a Work Injury?

In Florida, it is illegal for employers to retaliate against employees for filing a workers’ compensation claim (§ 440.205). However, there are instances where failure to follow medical advice or a refusal to accept light-duty work (when it’s offered) can affect your benefits.

You should never feel like your job is at risk simply because you need time to heal. If you’re facing any pressure from your employer to return to work before you’re ready or if you’re concerned about losing your job, an Orlando workers’ compensation lawyer can help you ensure your job and rights are protected.

Can My Employer Fire Me If I Don’t Return to Work Soon Enough?

The Florida Division of Worker’s Compensation states that if your treating physician has cleared you for light-duty or limited tasks and those tasks are available at your place of employment, you are legally required to make an honest effort to return to work. If you do not, you forfeit your eligibility for wage replacement benefits.

Additionally, your employer can terminate your employment if you refuse to comply with reasonable accommodations or fail to meet job requirements within your restrictions. However, your employer cannot fire you for taking time to heal, and they must offer suitable work within the restrictions outlined by your doctor.

Contact a Workers’ Compensation Lawyer in Orlando Today

If you’ve been hurt at work, you deserve to heal without the added stress of battling complex workers’ comp laws. A knowledgeable workers’ compensation lawyer can guide you through the process, protect your rights, and ensure you aren’t rushed back to work before you’re ready.

See Our Results

Our compassionate attorneys are dedicated to helping workers across Florida. To discuss your case and learn more about how we can help you, contact Colling Gilbert Wright today to set up a FREE and confidential consultation.

The post Can I Be Forced Back to Work After an Injury? appeared first on Colling Gilbert Wright.

However, there is no simple way to answer the question of how much you should expect from your settlement because the value of your claim depends almost entirely on your individual circumstances.

Some of the many questions we ask to get a better grasp of what your settlement amount could be include:

• What is the nature of your injury?
• How severe is your injury?
• How much do you make?
• How long will you be out of work?

Here, we will give you a better idea of how your benefits are calculated, what you can do to ensure you are getting a fair settlement, and more.

The best way to maximize your workers’ comp settlement amount is to consult an experienced attorney. At Colling Gilbert Wright, we proudly champion the rights of injured workers throughout Florida. We’re here to guide you through this difficult time with care, compassion, and determination.

If you have been injured, call (407) 712-7300 today to schedule a FREE consultation with an Orlando workers’ comp lawyer. We will make sure you are treated fairly and pursue the compensation you need to move forward.

Determining the Value of Your Workers’ Compensation Claim

Under Florida law, qualifying workers can receive two main types of workers’ compensation benefits. The Florida Division of Workers’ Compensation (DWC) defines these as (i) medical benefits and (ii) lost wages and other monetary compensation.

1. Calculating Your Medical Benefits After a Job-Related Injury

If you qualify for workers’ compensation, you are entitled to coverage of the medical costs associated with your diagnosis, treatment, and recovery. Note, however, that your choice of doctors is limited.

Florida law allows employers to designate a list of approved physicians—or even one specific doctor in some cases—whom their employees can see when they file for workers’ compensation benefits.

Generally speaking, you are entitled to receive full medical benefits until you fully recover or reach your maximum medical improvement (MMI). MMI is the “date after which further recovery from, or lasting improvement to, an injury or disease can no longer reasonably be anticipated.” Once you reach your MMI, you will be required to pay a copay.

The costs your medical benefits cover should include:

• Hospitalization
• Doctor’s visits
• Emergency room visits
• Surgeries
• Medical tests
• Prescriptions
• Prosthetics and other medical devices
• Physical therapy
• Rehabilitation
• Mileage reimbursement (for travel to and from medical appointments and the pharmacy)

When it comes to settling your claim, it may or may not make sense to include your medical benefits as part of your workers’ comp settlement amount. If it isn’t clear how long your injury will last or what type of treatment you might need in the future, then you may want to settle the lost wages portion of your claim only.

On the other hand, if your doctor has prescribed a clear treatment plan and is relatively confident in their assessment of your long-term needs, settling your medical benefits claim could be beneficial. This approach may allow you to avoid concerns about the insurance company terminating these benefits prematurely.

Weighing these potential benefits and risks isn’t easy. A certain amount of experience and legal knowledge are required to make an informed decision. A dedicated workers’ compensation lawyer can evaluate your claim and help you make the right choice.

Your recovery isn’t just about your health—it’s about reclaiming your life and securing your future. Allow your attorney to shoulder the legal details while you focus your energy on getting stronger.

2. Calculating Your Lost Wages and Other Monetary Compensation

Calculating your lost wages and other monetary compensation can be a bit more complicated. These benefits (which are often simply referred to as disability benefits) fall into four different categories. You may be entitled to benefits in more than one category over the course of your recovery.

The types of disability benefits available to qualifying workers in Florida per the DWC are:

• Temporary Total Disability (TTD): If you are unable to work as a result of your injury, you may be entitled to TTD benefits. These benefits are calculated at 66 ⅔% of your weekly wage at the time of your injury in most cases. Certain severe injuries will qualify for benefits calculated at 80% of your weekly wage for up to 6 months after the incident.
• Temporary Partial Disability (TPD): If your doctor clears you to work with restrictions after being out of work for a period of time, you may be able to collect TPD benefits. In order to collect TPD benefits, you must be earning less than 80% of your pre-injury wages.
• Impairment Income Benefits (IIB): If you reach MMI and are never able to return to your old job, you may qualify for IIB. Your doctor will assign you an “impairment rating,” and the amount of your benefits will be based on this rating.
• Permanent Total Disability (PTD): PTD benefits are available to qualifying employees who are never able to work again. These benefits are calculated based on the unique circumstances of your individual case.

Temporary disability benefits may be available for up to 104 weeks.

When it comes to accepting a settlement, the first step toward making an informed decision is understanding how much you are entitled to recover. While the DWC provides benefit calculators online, these calculators are not guaranteed to be accurate.

It is extremely important to work with a workers’ compensation lawyer who can accurately calculate your disability benefits based on your individual circumstances. Your attorney can negotiate a fair settlement on your behalf, appeal denials, represent you at hearings, and so much more.

Ultimately, with a dedicated lawyer on your side, you can feel confident knowing that your workers’ comp settlement amount will adequately reflect the benefits you deserve.

Do All Workers’ Comp Cases End in a Settlement in Florida?

Not every workers’ compensation case ends in a settlement. Injured workers sometimes prefer to continue receiving ongoing benefits rather than accepting a lump sum. This is often the case when a worker’s future medical needs are uncertain or when they require long-term care.

Still, most cases do end in a settlement. A settlement can provide financial certainty and a sense of relief because disputes and legal battles will come to an end. Settlements can also give injured workers a sense of control over their own finances again instead of waiting for periodic payments from insurance companies.

At the end of the day, the decision to settle depends on your situation and goals. Your lawyer can help you weigh the pros and cons, negotiate on your behalf, and ensure your workers’ comp settlement amount reflects the full value of your claim.

Read More: Can I Sue My Employer for Workers’ Compensation If I’m Injured on the Job?

How Long Do Most Workers Comp Settlements Take?

It’s always difficult to estimate the length of time it will take to come to a fair workers’ comp settlement amount. While some cases may be resolved in as little as a few months, others can take up to a year or more. Factors that could influence the timeline include:

• The severity of your injury
• The cooperation of the insurance company in negotiations
• If your case requires hearings or appeals

Waiting for a workers’ compensation settlement can be frustrating. We know that your well-being and that of your family may depend on this claim. Try to remain patient and keep your goals clear in your mind. With a principled attorney as your advocate, you can rest assured that the claim is moving forward as efficiently as possible with your best interests in mind.

What Is the Average Workers’ Comp Settlement Amount?

When it comes to workers’ compensation settlements, there is no one-size-fits-all answer. Each case is as unique as the individual behind it. However, data from the National Council on Compensation Insurance (NCCI) provides some context.

For accidents from 2021 to 2022, the average cost of all claims combined was $44,179. Of course, this is based only on information from states where the NCCI collects data.

While this figure may give you some general idea of an average claim amount, remember that it has nothing to do with your case. The circumstances of your accident and injuries will determine what a fair settlement amount will be for you. A skilled lawyer will help you understand what your claim is truly worth and pursue the amount you deserve.

When To Hire a Workers’ Comp Lawyer?

Hiring an experienced and compassionate workers’ compensation lawyer is smart, especially if you face any challenges or difficulties with your claim. You should surely consider at least consulting an attorney if:

• Your claim has been denied or underpaid.
• Your employer is pressuring you to return to work prematurely.
• You’re unsure whether the settlement offer is fair.
• You’re struggling to calculate the full value of your claim.
• You’re facing retaliation or unfair treatment after filing.

There is an emotional and financial toll you are dealing with on top of the physical pain involved in a workplace injury. An accomplished attorney will guide you through the process, answer questions, protect your rights, and fight to get you the benefits you need to move forward with hope for the future.

Speak with an Orlando Workers’ Compensation Lawyer Today

If you have been hurt on the job, you may be entitled to a range of benefits for your injuries. Unfortunately, payment or settlement of a workers’ compensation claim is not guaranteed.

Colling Gilbert Wright can help you with all aspects of applying for workers’ compensation, appealing underpayment or denial of benefits, and settling your claim. We are dedicated to achieving the optimal workers’ comp settlement amount for you in your case.

Please contact Colling Gilbert Wright today for a FREE case review. Our workers’ compensation lawyers are proud to serve our neighbors in Orlando, Tampa, Miami, and all of Florida.

The post How Much Should I Expect from a Workers’ Comp Settlement? appeared first on Colling Gilbert Wright.

However, the system does not always work as intended. Claims are unfairly denied, employers lash out or fire injured employees, and—in some cases—may not even carry the insurance they are required to by law.

If you find yourself in one of these situations, we urge you to get in touch with a Florida workers’ compensation attorney to ensure your rights are protected.

At Colling Gilbert Wright, we are here to help folks injured in a slip and fall at work. If you are facing unfair treatment while trying to recover the benefits and compensation you deserve for your injuries, you shouldn’t have to fight for your rights alone.

To schedule your FREE consultation with the workers’ comp attorneys at Colling Gilbert Wright, call us today at (407) 712-7300. We proudly represent our neighbors in Orlando and throughout Florida.

What Happens If You Have a Slip & Fall at Work?

Being injured on the job is always a stressful situation. It can lead to pain, embarrassment, fear, and uncertainty. The good news is that Florida law protects most injured workers who suffer slip and falls while on the job.

However, following some specific steps after your injury is important for recovering the workers’ comp benefits you deserve.

What To Do If You Slip & Fall At Work

The first thing you should do after a slip and fall at work is seek medical attention. If your injuries are an emergency and require immediate treatment, call 911 or go to the emergency room. Be sure to tell the staff that your injury is work-related so they can contact your employer and/or their insurance provider.

If your injuries do not constitute an emergency, you may be required to use a physician approved by your employer’s workers’ comp insurance provider.

Once you receive the medical treatment you need, you should then:

• Document the accident
• Report your injury to your employer
• Collect all evidence and documentation related to your accident, injuries, and treatment
• Contact a workers’ compensation lawyer

While you may be able to navigate the workers’ compensation claims process without hiring a lawyer, discussing your situation with an attorney is always helpful for ensuring you are proceeding appropriately. If you do face challenges in recovering benefits for your injury, a workers’ compensation attorney can step in to advocate for your rights.

Common Causes of Slip & Fall Accidents

Unfortunately, slip and falls are not uncommon in workplace settings. According to the CDC, they are especially common in the construction, healthcare, and retail industries, with construction accounting for more fall-related deaths than any other industry.

While there are countless potential causes of these accidents, some of the most frequent include:

• Slippery surfaces, such as water or grease on the floor
• Tripping hazards
• Irregularities in floor or wall openings

These hazards can quickly result in painful injuries and significant damages, including medical costs, time away from work, and more.

What Is the Employer’s Responsibility After a Slip & Fall at Work?

The good news for the majority of Florida workers is that most employers are required to carry workers’ compensation insurance. This coverage protects workers who suffer on-the-job injuries, including those caused by slip and fall accidents. If a company does not carry the required insurance, it will usually face a Stop-Work Order and be forced to pay a fine.

Once you report your injury to your employer—which you must do within 30 days of an accident or 30 days of learning of a work-related injury or illness—your employer should submit a claim to their insurance company within 7 days.

If they do not submit the claim, you can submit it yourself. If you are unable to find your employer’s insurance provider information, contact Florida’s Department of Financial Services to file a report.

Are Employers Liable for Injuries to Employees Even If the Employees Are At Fault?

Florida’s workers’ compensation is a no-fault system, meaning you should still recover benefits even if you were at fault for your slip and fall. That said, there are some exceptions to this rule, including:

• If you caused the incident on purpose
• If you were intoxicated or acting grossly negligent (for example, fighting)

Even if the accident was your fault, you must still notify your employer within the 30-day timeframe and follow all other rules and requirements. This includes rules that apply after you begin receiving benefits, such as continuing to abide by your doctor’s treatment plan and attending all medical appointments.

Compensation for a Slip & Fall at Work

Workers’ compensation benefits cover three categories:

Medical Benefits

All your medical expenses are covered, including:

• Doctor’s visits
• Hospitalization
• Tests
• Physical therapy
• Prescriptions
• Cost of traveling to and from appointments
• And more

However, in most cases, these costs will only be covered if you receive care from providers approved by your employer’s insurance company.

Lost Wages & Other Monetary Compensation

The lost wages benefits you are eligible for depend on how debilitating your injuries are and whether they are temporary or permanent. For example, if you are unable to work for a period but expect to make a full recovery, you would qualify for Temporary Total Disability (TTD), which would pay a percentage of your wages for up to 6 months.

For a full list of the types of disabilities and what benefits you should expect, visit the Benefits Available to Injured Workers page.

Death Benefits

If a slip and fall at work results in the worker’s death, their family is entitled to benefits up to $150,000, including funeral expenses, compensation to dependents, and educational benefits.

While there are exceptions—such as when an employer intentionally causes harm or a third party is involved in the accident—you generally cannot pursue compensation beyond workers’ compensation coverage for on-the-job injuries. If you believe an exception may apply in your situation, we recommend discussing your case with a workplace injury attorney.

Contact the Dedicated Attorneys at Colling Gilbert Wright Today

While the workers’ compensation system provides much-needed protection for injured workers across Florida, it does not always work as intended. Claims are denied, benefits are stopped, employers try to manipulate the system, and problems arise when processing claims. Regardless of the specifics, these issues can keep you from receiving the benefits you need and deserve as you recover.

A slip and fall at work can be more complicated than a slip and fall incident elsewhere. At Colling Gilbert Wright, we’re here to help. We’ll walk alongside you each step of the way to ensure you have the guidance, resources, and representation you need to secure the benefits you deserve.

Contact Colling Gilbert Wright today for a FREE case review with our Orlando workers’ compensation attorneys.

The post What To Do If You Slip & Fall at Work in Florida? appeared first on Colling Gilbert Wright.

At Colling Gilbert Wright, we are happy to help answer your questions and bring a little relief to your worry:

• If you are injured, you will want to file workers’ comp to receive benefits.
• If you can’t work, you can receive a portion of your wages until you are able to work again.
• If your employer retaliates against you, you may be able to sue them.
• If your injury leads to long-term physical limitations that affect your ability to work, you may be eligible for additional benefits.

Florida’s workers’ compensation laws are meant to protect most workers. However, workers’ comp is a bureaucratic system that does not always work as intended. Various challenges can arise throughout the process that may compromise your benefits and leave you in a difficult situation.

The experienced workers’ compensation attorneys at Colling Gilbert Wright are here to help. Do you have to file workers’ comp if you get hurt at work? You’ll want to. If you have been injured on the job and have questions about your workers’ comp benefits, we have the answers you need.

Call us today at (407) 712-7300 to schedule a FREE case evaluation. We are proud to represent our neighbors here in Orlando and throughout Florida.

How Does Florida Workers’ Compensation Work?

The workers’ compensation system is designed to be a straightforward way for injured workers to receive benefits to help them cover the losses caused by their injuries. There are a few key steps along the way:

1. Notifying your employer & receiving medical treatment

You should not go to your regular doctor; instead, work with your employer to find a doctor covered by their workers’ comp insurance carrier. That said, if you need emergency care, do not delay—just notify the care staff that you were injured on the job so they can notify your employer.

2. Determining the severity of your injury & the benefits you are eligible to receive

There are different benefits available depending on how much they impact your ability to work. In many cases, injured workers are temporarily unable to work, in which case they qualify for Temporary Total Disability (TTD) benefits, which cover 2/3 of regular wages during the time you are unable to work.

3. Working with your care team to determine Maximum Medical Improvement (MMI)

If your injury leads to permanent impairment or disability, leaving you partially or totally unable to work, you will be eligible for Impairment Income Benefits (IIB), which will pay a portion of your wages based on the effect your injury has on your long-term earning capacity. On the other hand, if the injury leaves you permanently unable to work, you will be eligible for Permanent Total Disability (PTD).

While the process is meant to support injured workers, it’s important to recognize that there are still things you must do to receive benefits. Failure to follow these requirements can result in the denial of benefits.

If I’m Injured on the Job, Do I Have To File Workers’ Compensation?

If you wish to receive workers’ compensation benefits, you must report your injury to your employer. Your employer should then file the claim with their workers’ compensation insurance carrier within 7 days of being informed of your injury.

If they fail to notify their insurance carrier, you can contact the carrier directly to inform them of your injury. If your employer does not have their carrier information posted or does not carry workers’ compensation insurance, you can contact Florida’s Department of Financial Services to receive support.

Your employer failing to contact their workers’ comp insurance carrier or post their information where you can find it isn’t a very good sign. They could be making this difficult on purpose. We recommend getting in touch with a workers’ compensation lawyer to begin discussing your situation.

So, do you have to file workers’ comp if you get hurt at work? Technically, your employer should be the one to do so. But if they don’t, and your injury requires medical attention, you will have to file in order to receive the benefits you deserve.

Read More: How To File a Workers’ Compensation Claim

How Do I Know If I’m Eligible for Workers’ Comp Benefits?

To be eligible for workers’ compensation benefits in Florida, there are a few criteria you must meet:

• You must be an employee of a company that carries workers’ compensation benefits. Most employers are required to carry benefits. There are some exceptions, including companies with fewer than 4 employees and construction companies with no employees.
• The injury must have arisen out of the course of employment. This means you must have been performing work-related activities when the injury occurred. For example, if you were driving home from work, you most likely would not be covered unless you were running an errand for your boss on your way.
• You report the injury on time. You must notify your employer of your injury within the required timeframes to ensure you are eligible for benefits.

While you need to focus on healing from your injuries, you must also follow the requirements for filing a claim, especially when it comes to notifying your employer. If you don’t, you risk losing your much-needed benefits. A workers’ comp attorney can be of great value in ensuring that your claim is filed correctly and on time.

How Long Do You Have To File Workers’ Comp in Florida?

Employees have 30 days from the date of injury to notify their employer of the injury so they can begin the claims process. There are, however, a few exceptions, including:

• If the employer already knew about the injury
• If you were unable to determine that the injury was work-related without a medical opinion; in which case you would have 30 days after receiving the medical opinion to notify your employer
• If the employer did not inform employees about the requirements for filing a claim

If you did not file a claim within the deadline and believe one of these exceptions applies, we recommend reaching out to the experienced workers’ comp lawyers at Colling Gilbert Wright as soon as possible.

What Does a Workers’ Compensation Attorney Do?

The workers’ comp process can work well enough that injured workers do not need to involve an attorney to receive benefits. However, there are situations when you should contact an attorney for assistance. These include:

• If your benefits have been denied
• If your employer retaliates against you for seeking benefits
• If you receive fewer benefits than you believe you deserve
• If you want to settle your claim
• If the medical treatment you have received from your workers’ comp doctor has been subpar

Receiving workers’ compensation benefits usually means you are unable to pursue additional compensation from your employer for the losses you’ve suffered. Yet, while rare, there are instances when you may be able to sue your employer above and beyond workers’ comp benefits. For instance, if they intentionally caused your injury or were extremely reckless in their disregard for employee safety.

Read More: Can I Legally Be Fired for Filing a Workers’ Compensation Claim?

The Dedicated Lawyers at Colling Gilbert Wright Can Help

Do you have to file workers’ comp if you get hurt at work? Does your injury require more treatment than what a first aid kit can provide? Then, ideally, your employer has initiated the workers’ compensation process. If not, you will need to file in order to get the benefits you need.

If you believe you are being treated unfairly by the system or your employer at any point during the workers’ compensation process, it’s important to reach out to a workers’ compensation lawyer. An attorney can help you navigate the process to ensure your rights are protected and you receive the benefits you deserve.

At Colling Gilbert Wright, we believe that Florida workers injured on the job should not be left to the mercy of the system. Our goal is to help injured workers receive the benefits they deserve so they can focus on what matters most: getting better.

For a FREE case evaluation, get in touch with our Orlando workers’ compensation attorneys today.

The post Do You Have To File Workers’ Comp If You Get Hurt at Work? appeared first on Colling Gilbert Wright.

Workers’ compensation is a much-needed safety net for Florida workers who have been injured on the job or become ill due to their work. However, the system does not always work as intended. Injured workers can face unexpected obstacles when pursuing workers’ comp benefits, including denied claims, less compensation than they deserve, inadequate medical treatment, and retaliation from their employers.

If you’re asking, “When does workers’ comp pay for lost wages?” it’s typically after you’ve been unable to work for a certain period due to a work-related injury. Should you be facing resistance in obtaining the benefits you deserve, your best option is to get in touch with a workers’ comp attorney as soon as possible. A lawyer can help protect your rights and secure the workers’ compensation pay you deserve for the injuries you have sustained.

To discuss your claim with the workers’ comp lawyers at Colling Gilbert Wright, call us today at (407) 712-7300 to schedule your FREE case evaluation. Our attorneys proudly serve our neighbors in Orlando and throughout Florida.

Under What Circumstances Does Workers’ Compensation Pay for Lost Wages in Florida?

Employers in Florida with four or more employees must carry workers’ compensation insurance in the event an employee is injured on the job. Workers’ comp covers lost wages to these employees provided a few things are true:

1. You Are Classified As an Employee of the Company

If you are an independent contractor, you most likely will not be eligible for workers’ comp benefits. You may still be covered if you are a part-time employee, a minor, or unlawfully employed.

2. The Injury or Illness Was Job-Related

To recover workers’ comp benefits, your injury or illness must extend from your employment. If, for example, you were injured while driving to or from work, chances are you will not be able to recover workers’ compensation benefits. On the other hand, if you were driving to a job site while on the clock, you likely would be eligible to recover benefits.

3. The Statute of Limitations Has Not Passed

In Florida, you have 2 years to file a workers’ compensation claim related to a work injury. If you fail to do so, you will not be able to recover workers’ comp benefits.

You should also be aware of other rules and technicalities. We encourage you to be meticulous throughout your claims process or work with an Orlando workers’ compensation attorney who can handle the details for you.

How Does a Workers’ Comp Settlement Work?

Typically, workers’ comp pays injured workers a certain amount based on their typical wages up to a certain period of time. When an injured worker has reached Maximum Medical Improvement (MMI), you may consider negotiating a settlement with the workers’ compensation insurance company.

While you can pursue a settlement before reaching MMI, waiting until MMI has been established is often the best course of action. This way, you will have the best understanding of any future medical needs and the associated costs.

When pursuing a settlement, the process will look something like this:

• Settlement proposal by you or the insurance company
• Determination of the type of settlement, whether lump-sum or structured
• Negotiation of a settlement offer
• Review of the settlement terms by a workers’ comp judge (note this is not required if the injured worker is represented by a lawyer)
• Finalization of the settlement

While settlements can provide the advantage of receiving benefits up front, it is crucial to understand that once you sign a settlement offer, you will not be able to pursue any additional benefits for your injury. As such, we highly recommend working with an experienced lawyer who can ensure you negotiate a fair amount.

Read More: Will Workers’ Comp Offer Me a Settlement?

How Much Does Workers’ Comp Pay for Lost Wages in Florida?

How much you can recover in workers’ comp benefits depends on the severity of your injuries and how long they hinder your ability to work. Here is a broad overview of the different classifications of injuries:

• Temporary Total Disability (TTD): You can receive 66.67% of your wages, which can go up to 80% if the injury is severe. You can generally receive up to 2 years of TTD benefits.
• Temporary Partial Disability (TPD): You can receive benefits under TPD if you cannot make at least 80% of your typical wages. Like TTD, you can receive up to 2 years of TPD benefits.
• Impairment Income Benefits (IIB): If you are permanently injured but still able to work, your workers’ compensation doctor will assign a permanent impairment rating. If that rating is above 0%, you will receive compensation based on your rating.
• Permanent Total Disability (PTD): If you are permanently unable to work due to your injury, you may be eligible to receive 66.67% of your wages until you reach the age of 75, unless you are not eligible for social security benefits.

There are many rules and technicalities around the percentage of pay you may receive and for how long, including the fact that lost wages cannot exceed the state’s average weekly wage, which, as of January 1, 2024, is $1,260. The good news is that the benefits paid are generally tax-free.

What Is the Waiting Period for Workers’ Compensation?

There is a 7-day waiting period before workers’ comp benefits can begin, during which you will not be paid. However, if the disability lasts longer than 21 days, these 7 days of benefits will be paid retroactively.

You should receive your first payment within 21 days of reporting the injury or illness to your employer, which you must do within 30 days of the injury or becoming aware of the illness.

After the initial payment, you can expect to receive workers’ comp lost wage payments every two weeks for the duration of your disability.

Should I Hire a Workers’ Comp Attorney?

While you may be able to navigate the workers’ compensation process without an attorney, there are certain situations where a lawyer can help, including if:

• Your claim has been denied
• The treatment you have received from workers’ comp doctors is not satisfactory
• You receive the incorrect amount in lost wages
• Your employer disciplines or fires you for filing a claim
• You want to settle your workers’ comp claim

While workers’ comp insurance is a great protection for injured workers, understand that it is still largely managed by for-profit insurance companies that will do what they can to avoid paying the compensation you deserve for your injuries—especially when it comes to serious injuries leading to long-term, costly disabilities.

Contact the Dedicated Lawyers at Colling Gilbert Wright Today

At Colling Gilbert Wright, we know how frustrating it can be to face unexpected obstacles when pursuing the compensation you deserve for your injuries—especially when your focus needs to be on healing. We can do more than simply answer, “When does workers’ comp pay for lost wages?” We are here to help at every stage of your claim.

Our goal is to assist you at this challenging time with compassionate, dedicated legal guidance and representation. Our experienced workers’ compensation attorneys will take the legal burden off your shoulders so you can focus on getting better.

To get started, contact our Orlando workers’ comp lawyers today to schedule a FREE consultation. We are eager to advocate for you and your family at this trying time.

The post When Does Workers’ Comp Pay for Lost Wages? appeared first on Colling Gilbert Wright.

Fortunately, Colling Gilbert Wright is dedicated to helping injured workers get the compensation they deserve after a construction site accident. If you or a loved one has been injured on the job, contact our Orlando construction accident law firm to learn about your rights and legal options. Call (407) 712-7300 today to schedule a FREE case evaluation.

Our construction accident attorneys proudly represent our neighbors in Orlando and throughout Florida. We recognize the strain and suffering families endure after a loved one is injured. Let us help guide you to a just recovery so you can use your energy to heal.

7 Ways a Construction Accident Law Firm Can Help 

The aftermath of a construction site accident can be incredibly daunting. From understanding your eligibility for workers’ compensation to ensuring you’re not undervalued or overlooked by insurance companies, the challenges are vast.

This is where a dedicated construction accident law firm steps in. With knowledge of the law and a commitment to justice, a firm can guide you through each stage of your claim and help safeguard your rights.

Here are seven ways an Orlando construction accident lawyer can make a significant difference in your case:

1. Determining If You Are Eligible for Workers’ Compensation

When you get injured in a construction site accident, one of the first things you need to know is whether you are eligible for workers’ compensation benefits. In Florida, the Workers’ Compensation Law mandates that all construction companies provide workers’ comp insurance for their employees. This law aims to make sure that workers receive medical care and compensation for lost wages due to job-related injuries without the need to prove fault.

However, not all workers qualify under this coverage. Independent contractors, who are not classified as employees, generally do not receive workers’ comp benefits under their hiring entity’s policy. The distinction between an employee and an independent contractor hinges on several factors, such as the degree of control the employer has over the worker and the nature of the work performed.

Additionally, some construction companies may fail to comply with the law by not securing the necessary workers’ compensation insurance or misclassifying employees as independent contractors to evade providing benefits. This non-compliance can leave injured workers vulnerable and without recourse through workers’ compensation. The guidance of an experienced workers’ compensation lawyer becomes essential in this situation.

A construction accident law firm can help injured workers understand their classification, assess the legality of their employer’s actions, and handle the steps to claim rightful benefits or explore alternative legal actions.

2. Determining If You Have a Claim Outside of Workers’ Compensation

In Florida, you might also have grounds for a third-party claim alongside a workers’ compensation claim. This could provide additional compensation for injuries sustained on a construction site.

For instance, under premises liability laws, if you slipped and fell due to a hazard on a property that the owner failed to address, you could file a claim against the property owner. Similarly, product liability claims can be pursued if your injury was caused by defective equipment, like a malfunctioning tool or piece of machinery.

These third-party claims are essential as they can cover damages not available through workers’ compensation, such as pain and suffering, full lost wages, and future earning capacity. Such claims require meticulous investigation and understanding of the overlap between workers’ compensation laws and personal injury or product liability statutes.

The help of a construction site accident attorney can be crucial. They can swiftly determine the viability of your claim, identify responsible parties, and initiate timely legal action to secure the comprehensive compensation you deserve.

3. Calculating Your Benefits and/or Damages 

Dealing with the ins and outs of Florida workers’ comp laws requires a comprehensive understanding of the benefits available to you. Under Florida Statutes § 440.09, workers’ compensation benefits may include:

• Medical Expenses
• Disability Benefits (both temporary and permanent)
• Rehabilitation Costs
• A Portion of Lost Wages

The challenge often lies in accurately calculating these benefits to secure maximum coverage.

Beyond workers’ compensation, if you pursue a third-party claim, you may also be entitled to damages not covered by workers’ comp. These can include:

• Lost Wages
• Future Earning Capacity
• Pain & Suffering
• Loss of Enjoyment of Life

In cases where workers’ comp doesn’t cover your construction site injury, you may also be able to pursue medical expenses, rehabilitation costs, and assisted care through your personal injury claim. Calculating such damages requires a detailed assessment of your current and future medical needs, your ability to work, and the impact on your quality of life.

A skilled Orlando construction accident law firm can make sure you don’t unknowingly settle for less than you deserve. They employ proven methodologies to evaluate the full scope of your financial, physical, and emotional losses. It is important to pursue adequate compensation for all facets of your injury.

4. Helping You Protect Your Legal Rights 

Safeguarding your legal rights after a construction accident is imperative. This is true whether you are filing for workers’ comp or pursuing an outside claim.

There are several actions construction workers must perform to secure workers’ compensation benefits. If you do not complete these, you could miss out on the benefits you deserve. Some of the measures you need to take include:

• Reporting the injury within 30 days to your employer, per § 440.185 (report to detail the time, location, and nature of the accident)
• Securing medical care from an approved provider
• Understanding your medical diagnosis and treatment plan

Failure to adhere to these protocols might jeopardize your benefits. A workers’ compensation attorney can take many of these steps for you, and can guide you through the steps you need to take on your own.

When a third-party claim is viable, a construction site accident lawyer plays a pivotal role. Lawyers help navigate these procedural necessities and advocate on your behalf. They work to protect your rights at every stage.

Your attorney will manage litigation, coordinate with medical professionals to substantiate claims, negotiate with insurers and opposing counsel to uphold your interests, and ensure all deadlines and statutes of limitations are met. This comprehensive legal support is indispensable for securing the justice and compensation you deserve.

5. Helping You Avoid Costly Mistakes

Handling a construction accident claim requires meticulous attention to detail to avoid pitfalls that could jeopardize your compensation. Common mistakes include:

• Missing deadlines
• Miscommunicating the severity of injuries
• Inaccurately documenting the incident

These errors can significantly undermine your case, potentially leading to denied claims or reduced settlements.

Engaging a construction accident law firm early ensures you receive guidance on avoiding these errors. When you contact an attorney, they can outline critical dos and don’ts and help you move forward confidently, knowing your legal rights and potential for full compensation are protected.

6. Negotiating for a Lump Sum Settlement (If Appropriate)

Opting for a lump sum settlement in a workers’ compensation claim can offer clear advantages. A lump sum provides certainty in the total compensation you’ll receive without the unpredictability of future benefits possibly being cut off. Knowing the exact sum upfront can facilitate better financial planning, especially in managing long-term medical costs and lifestyle adjustments.

However, accurately forecasting the expenses associated with a severe injury can be complex. If there’s uncertainty about the full extent of future costs, a lump sum may not cover all needs.

This is where the knowledge of a construction accident injury lawyer becomes invaluable. Skilled workers’ compensation attorneys can assess the potential long-term impacts of your injuries against the offered settlement. Should a lump sum be advantageous, your legal team will adeptly negotiate to secure a settlement that reflects the gravity of your circumstances and safeguards your future.

7. Making Sure Your Employer & the Insurance Companies Don’t Take Advantage of You

It’s not uncommon for employers and insurance companies to prioritize their financial interests over the well-being of injured workers. This can manifest in efforts to minimize payouts or deny claims outright, regardless of the legitimate needs of the injured.

A construction site accident lawyer is critical in defending your rights against such practices. With seasoned attorneys, you are equipped to counteract any unfair tactics these entities employ. Providing vigilant representation and strategic advocacy, your legal team ensures that your recovery and compensation are not compromised. This comprehensive support is vital in securing a just outcome and holding responsible parties accountable.

Contact Our Orlando Construction Accident Law Firm for FREE

If you’ve suffered an injury on a construction site, don’t go through this challenging time alone. An Orlando construction accident law firm can walk by your side, providing guidance and support while you focus on healing.

At Colling Gilbert Wright, we champion your rights with commitment and integrity. Contact us today to schedule a FREE consultation. Let us help you seek the compensation you deserve. Reach out today, and let our experience handling construction site accident claims be your guide.

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