Sustaining serious injuries at work can cause significant hardship. Thankfully, the Workers’ Compensation Program will cover your medical treatment and pay you a partial wage while you are recovering if you cannot work.
If you are unsure how to apply for workers’ compensation in Orlando, an attorney could discuss the process with you. If you are having trouble accessing your benefits, or if there is a third party who might be responsible for your injuries, it is important to contact the qualified workers’ comp lawyers at The Florida Firm right away. We could guide you through the claims process and investigate the incident to determine whether you have cause to file a lawsuit.
Understanding the Workers’ Compensation Program
Florida Statutes Chapter 440 requires anyone employing more than four people to provide workers’ compensation coverage. In the construction trades, any business with a single employee must provide the coverage. If your employer claims it has no coverage and you cannot apply for workers’ compensation, contact our Orlando team at The Florida Firm immediately.
Workers’ compensation must provide free medical treatment for work-related injuries from approved providers. If you are seriously hurt while working, you can receive emergency care from any hospital or medical professional, but you must see an approved provider for your follow-up care.
The program also pays a partial wage when your injuries prevent you from working for at least seven days. It will not pay you for the first seven missed days unless your injury causes you to miss work for 21 days or longer. In that case, you will receive the wage benefit from the time of your injury.
Claiming Your Benefits
You must notify your employer as quickly as possible when you get hurt in a work-related incident. You lose your right to claim benefits if you wait more than 30 days before notifying your employer.
You should follow up with your employer a few days after making the notification to ensure that they have begun the claims process. If they have not started your application, contact our Orlando workers’ compensation attorney team at The Florida Firm. We could contact your employer and ensure they file your claim.
Workers’ compensation covers work-related medical conditions that may develop over time, not just work-related accidents. For example, if you work in a noisy environment, workers’ compensation covers hearing loss. Other common examples of slow-developing medical conditions that could be work-related include repetitive motion injuries, respiratory ailments, and cancers associated with exposure to workplace toxins. If you develop one of these conditions, notify your employer of your intent to file a claim as soon as you receive a diagnosis.
Is It Possible To File a Lawsuit for Workplace Injuries?
Employers that provide workers’ compensation are normally immune from employee lawsuits arising out of work-related injuries or illnesses. However, in some circumstances, you may have grounds to sue someone else for your injury or health condition. Our workers’ compensation attorneys in our Orlando office could review your application and case to determine whether a third party may have some responsibility.
When a third party’s negligence caused the situation that led to your illness or injury, you may have a claim against that third party. These situations could happen when:
- Your injuries are from a vehicle accident involving a third party
- An independent contractor or employee of another company at your worksite is responsible
- Defective machinery caused your injury
- Your condition results from exposure to toxic substances manufactured by someone other than your employer
- You are hurt from a hazardous condition on the property, but off your employer’s premises
There are numerous other situations that could lead to third-party liability in a workers’ compensation case.
When you sue a third party for a workplace injury, you could get compensation for any incidental expenses you incurred due to your injury. You can make a claim for the portion of your wages that workers’ compensation does not pay, diminished future earning capacity if your injury prevents you from returning to work, and your pain and suffering. We have obtained several multimillion-dollar verdicts and settlements from third parties on behalf of injured workers; these results are why other law firms refer so many clients to us.
Consult Our Orlando Attorneys About Applying for Workers’ Compensation
The Workers’ Compensation Program can be a lifeline when you are hurt at work, but it can be difficult to access your benefits without guidance. At Colling Gilbert Wright, we could explain how to apply for workers’ compensation in Orlando and advocate for you throughout the process. We accept no money from you unless we are successful, so call us today to schedule an appointment.