When you get hurt at work, you could be entitled to workers’ compensation benefits. However, accessing them is not always easy, and disputes could arise between you and your employer or the workers’ compensation insurer. A skilled DeLand workplace injury lawyer from Colling Gilbert Wright could ensure you receive the benefits you have earned.
In some cases, you may also have a legal claim against other parties involved in your injury. Our dedicated injury attorneys at The Florida Firm could investigate your situation to determine whether you have grounds to seek compensation from a third party.
Workers’ Compensation Fundamentals
Almost all employers with at least four full- or part-time employees must provide workers’ compensation benefits. Your coverage begins on your first day of work, and you have this benefit even if you are a part-time or seasonal worker.
Workers’ compensation provides free medical treatment for any work-related injury. A work-related injury could be an accident that occurs while you are performing your job or injuries you suffer during your workday that are not directly related to the performance of your duties.
It also covers diseases and health conditions that develop over time. For example, working on a noisy shop floor may eventually lead to hearing loss, and prolonged keyboard use can cause carpal tunnel syndrome. Florida Statutes § 440.15 requires the program to cover occupational diseases, such as respiratory ailments and certain cancers, that develop due to workplace conditions.
Rules for Medical Coverage
You must get your medical treatment for a work-related injury from a provider approved by your employer. If you are dissatisfied with your provider, you may request a transfer of your care, but the workers’ compensation insurer can select the alternate provider.
Understanding Indemnity Payments
When your injury or illness prevents you from working for at least eight days, you could receive indemnity payments. These usually cover two-thirds of your average weekly wages.
In most cases, you could receive indemnity payments for up to 104 weeks or until you reach the point of maximum medical improvement. If you believe the workers’ compensation insurer has miscalculated your indemnity payments or discontinued them too soon after your jobsite injury, discuss your situation with a DeLand attorney.
Navigating the Claims Process
You have 30 days to notify your employer of your work-related injury or illness. Your claim may be denied if you miss this deadline.
Disputes may arise at many points in the process. The workers’ compensation insurer may contend that your condition is not work-related, or your doctor may approve you to return to work before you are ready. If your injury or condition does not heal completely, there may be disagreements about the extent of your disability.
Our DeLand attorneys are adept at managing all aspects of a workers’ compensation dispute after you have been hurt at work. We recently secured a $12,500,000 verdict for a client who suffered a spinal cord injury while on the job that resulted in paralysis. We could be aggressive advocates for you, ensuring you receive the benefits that you deserve.
When Could You File a Lawsuit?
Workers’ compensation law prevents you from suing your employer when you have a workplace injury. However, you could sue a third party whose conduct contributed to the situation that caused your injury or health condition.
For instance, third-party lawsuits are possible when an independent contractor working at your jobsite caused the accident that injured you. If you were hurt because of a defective product or a machine malfunction, you could sue the manufacturer. Third-party liability might also be a factor in vehicle accidents, injuries sustained on others’ property, or in many other situations.
Our DeLand work injury attorneys have secured numerous high-value settlements and verdicts on behalf of injured workers with third-party claims. For example, we obtained a $3,800,000 settlement against a manufacturer after a power company lineman was killed when his bucket truck lift device failed. You could receive damages for the portion of your lost wages that workers’ compensation does not cover, as well as compensation for your pain and suffering.
Contact a DeLand Attorney To Explore Your Options After Getting Hurt at Work
If you were hurt while at your job, you may need help accessing your benefits and determining whether you have a claim against a third party. The Florida Firm is so well known in the community for providing exceptional service and excellent results that most of our cases are referred to us by other attorneys. We do not charge a fee or incur expenses until we secure compensation for you, so contact us today to schedule a no-risk consultation with a DeLand workplace injury lawyer.