A work-related injury or illness that forces you to take time off work could be devastating if you had to go through the lengthy process of suing your employer to be compensated for your medical bills and lost wages. Instead, Florida requires most employers to provide workers’ compensation insurance coverage. Instead of filing a lawsuit, an injured worker need only file a claim for benefits under the workers’ compensation insurance.
Workers’ compensation laws are complicated, but we can help you to understand how it works while ensuring that you get all the benefits you deserve and are entitled to receive. A Boca Raton workers’ compensation attorney at the Law Offices of David M. Benenfeld, P.A. is an excellent resource for information about your right to benefits when injured due to work-related accidents or conditions at your place of work. We provide experienced, skilled, and knowledgeable representation to fight for benefits when a workers’ compensation claim is denied. In addition, we can also help you receive a lump sum settlement.
Filing A Claim For Florida Workers’ Compensation
Whether or not your employer must provide workers’ compensation insurance in Florida depends upon the industry in which you work and the number of employees at your company. Employers in the construction industry with at least one worker must provide workers’ compensation insurance, but non-construction businesses must provide it if they have four or more workers. Most Florida workers are covered by workers’ compensation.
When an injury occurs that is related to the work you do, you must report it to your employer to protect your right to benefits. You must notify your employer within 30 days of the date of the injury, or within 30 days of when you first discovered the injury, to avoid losing your benefits. Your employer must notify the workers’ compensation insurance company of the claim within seven days of the receipt of notification from you.
Under Florida law, your employer has the right to designate the doctor or health care provider you are to go to for treatment of your injuries. The bills from the treating physician, physical therapist, and other providers are submitted directly to the workers’ compensation insurance company for payment.
Benefits Available Under Workers’ Compensation
As long as your medical care is through the provider designated by your employer or authorized by the workers’ compensation insurance company, you should not have any out-of-pocket costs for medical treatment. If you cannot work because of the injury, you could be entitled to be paid a portion of your lost wages.
Unless you lose more than 21 days from work, you do not receive payment for the first seven days during which you are disabled and unable to work. After the first seven days, you are paid a percentage of your average weekly wage, based upon your earnings for the 13-week period prior to being injured. Wage reimbursement calculations can be complicated, particularly if you did not work during the entire 13-week period. Our Boca Raton workers’ compensation attorneys make certain that the disability benefits you receive are the correct amount.
Fighting When Claims Are Denied
Regardless of what your employer or the insurance company representative handling your workers’ compensation claim might tell you, they do not work for you. Claims are denied all the time and for many reasons. A common reason for a denial is that the injury was not the result of a work-related activity.
Another dispute that arises in workers’ compensation claims is a denial of a continuation of benefits by the insurance company. Essentially, the adjuster reviews the medical records and determines that no further treatment is required or that you are capable of returning to work.
We regularly dispute denials of workers’ compensation claims on behalf of injured Florida workers. Our workers’ compensation attorney understands the law and knows how to prepare and present an appeal, using medical records and other evidence necessary, to dispute the position taken by the insurance carrier. In addition, we can also help you receive a lump sum settlement.
Contact A Boca Raton Workers’ Compensation Attorney
The concept behind the workers’ compensation system is a good one when it allows injured employees to get the medical care they need to return to their jobs. At the Law Offices of David M. Benenfeld, P.A., we are there for you and other injured workers to make certain you get all the benefits you are entitled to receive as well as a lump settlement. When you need help to fight against your employer and the workers’ compensation insurance company, our Boca Raton attorneys are there with aggressive and insightful advocacy. Call us today or use the online contact form to get trusted advice during a free initial consultation.