If you suffered harm during a job-related incident, a Kissimmee workplace injury lawyer at The Florida Firm could help you. We could guide you through the workers’ compensation claims process and manage any appeals that may be necessary.
Our skilled injury attorneys have a justified reputation for aggressive advocacy, and we take good care of our clients. Lawyers and other professionals in the area recommend our firm to their friends and family members who need legal assistance in injury cases. Most of our cases come from other attorneys who refer their clients to us.
Understanding Your Workers’ Compensation Benefits
Workers’ compensation is a federally sponsored insurance program that provides health care and a partial wage to injured workers. The state requires almost all employers to provide this insurance, although there are some exceptions for domestic workers and agricultural employees.
Employers are responsible for informing workers of their rights under the program. However, the information that your employer provides you with may not be accurate, or you might have trouble finding anyone at your workplace who can help you with your claim. If you have any problems accessing your workers’ compensation benefits after an on-the-job injury, one of our Kissimmee attorneys could advise you about how to proceed.
Medical Benefits
After a work-related accident, you are entitled to free health care from an employer-approved provider. Florida Statutes § 440.13 allows you to seek emergency treatment from the nearest health care facility, but you must obtain follow-up care from an approved provider.
You are entitled to free treatment until your injury has healed, you are cured of a work-related illness, or you reach the point of maximum medical improvement (MMI). A doctor must certify that further medical treatment will not be effective in improving your functioning. At that point, you may be entitled to permanent partial or total disability payments.
Indemnity Payments
If your illness or injury prevents you from working for at least seven days, you are entitled to receive a partial wage. The payment is typically two-thirds of your average weekly wage, but there is a maximum payment, so high-wage earners may receive less than two-thirds of their average wage.
The payments begin on the eighth day that you miss work unless you are off work for more than 21 days, in which case you are entitled to payments from the first day of your disability. You will continue to receive payments until your doctor clears you to return to work or certifies that you have reached MMI. If you are cleared to return to limited duty, you will receive two-thirds of the difference between your average weekly wage before the injury and your current earnings on limited duty.
What Is a Work-Related Injury?
You may be entitled to workers’ compensation for an ailment and not realize it. The workers’ compensation program covers a wide range of situations. You are entitled to benefits for all injuries, illnesses, and conditions that arise out of your employment or are a consequence of it.
You are entitled to workers’ compensation benefits if you had a car accident or fell on another party’s premises during a work-related assignment. Workers’ compensation covers conditions that develop over time if they are job-related, such as:
- Hearing loss if your work environment is noisy
- Hypertension if your job is highly stressful
- Repetitive motion injuries
- Cancer if your diagnosis is related to workplace exposure to hazardous materials
First responders may receive workers’ compensation for post-traumatic stress disorder if they meet certain qualifying conditions.
Our lawyers in Kissimmee would be happy to answer your questions about whether workers’ compensation covers your employment-related injury or condition. We could review your situation and let you know whether you have grounds to bring a claim.
Third-Party Claims Are Sometimes Possible
You cannot sue your employer for a work-related injury. However, if a third party caused or contributed to your illness or injury, you could bring a lawsuit against that party.
Our Kissimmee attorneys could review the circumstances of your work-related illness or injury and identify the potentially liable third parties. They could include the owner of the premises where your accident occurred, the manufacturer of a product that caused your illness or injury, and other drivers if you sustained injuries in a vehicle accident. Your lawsuit could include a claim for the lost wages that workers’ compensation indemnity payments do not cover, and money for your pain and suffering.
Call Our Kissimmee Attorneys to Discuss Your Legal Rights After a Workplace Injury
If you have a work-related injury or illness, you have the right to receive workers’ compensation benefits. Unfortunately, your employer’s insurer may try to unfairly deny your claim. A Kissimmee workplace injury lawyer at our firm could fight back and make sure the insurer meets its obligations. Call us today for a free consultation—and find out how our team at The Florida Firm could help you with your workers’ compensation dispute or third-party injury claim.