Dedicated Florida Workers’ Compensation Attorneys Helping Workers Injured on the Job in Bradenton and Sarasota.
Across the country, state workers’ compensation laws exist to provide protection and security for workers who are injured on the job. In most cases, employees have a guarantee that their medical bills will be covered, and that they will receive a portion of their wages while they are disabled from a workplace injury or occupational disease. Unfortunately, employers and their workers’ compensation insurance carriers often look for any reason or excuse to deny these benefits, whether they are legitimate or not. Even worse, Florida law is preposterously skewed in favor of the insurance industry. It is critical that injured workers have experienced attorneys guiding them through this mine field.
With offices in Bradenton and Sarasota, attorneys Marjorie Chalfant and Steven Meyers of The Nurse Attorney, P.A. help injured workers throughout Florida recover workers’ compensation benefits when they have been injured on the job, including medical benefits, wage replacement, and vocational rehabilitation benefits where appropriate.
Facts about Florida Workers’ Compensation
Nearly every employee in Florida is covered by workers’ compensation. If you work for a company that has four or more employees, or a construction company with two or more employees, then your employer is required to carry workers’ compensation insurance to cover you in the event of a workplace injury.
In most cases, filing a claim for workers’ compensation is your exclusive remedy for an on-the-job injury, and you cannot sue a co-worker or your employer for damages, even if they were negligent in causing the accident or injury. However, if your employer was uninsured or intentionally caused your injury, you may be able to sue in circuit court and recover all of your medical expenses, lost wages, pain and suffering and other legal damages. Also, if your injury was caused by an independent third party, you may be able to sue that third party while also filing for workers’ comp. For instance, if you are on the job traveling to a work site, picking up supplies or making deliveries and you are injured in a car accident, you may be able to sue the negligent driver who hit you. Although you may have to reimburse the workers’ compensation insurer out of any settlement or judgment you receive, you may still end up with more compensation this way. You can also sue your employer if you are fired or otherwise retaliated against for filing a workers’ compensation claim.
What to do when you are injured, and if your claim is denied
To protect your rights to workers’ compensation benefits, it is important to report any accident or injury to your supervisor as soon as possible, but in any event within 30 days of the date of the accident. Even if you don’t need immediate medical care, it is still important to report the incident and get it on the record, in case symptoms later appear and you do need to see a doctor. Although you have up to two years to file a claim for workers’ compensation benefits, the sooner you file a claim, the sooner you can start to receive your benefits. Contact an experienced workers’ compensation attorney as soon as possible for advice on how to proceed. The Nurse Attorney, P.A. will provide you with a consultation free of charge.
Having an attorney on-board from the start will help the process go smoothly and will also put you in the best position in case your claim is denied. Employers and their workers’ comp insurers will look for many ways to deny your claim, such as arguing that your injury is not work-related, that you exaggerated the extent of your injury or made it up entirely, or that your injury was pre-existing. At The Nurse Attorney, P.A., we understand the medical and the legal issues present in your case and can argue effectively with insurers over the nature and extent of your injury.
Get Help from Knowledgeable, Experienced Florida Workers’ Compensation Attorneys
For help filing a Florida workers’ compensation claim or appealing a denial of your claim, contact The Nurse Attorney, P.A. at our offices in Bradenton and Sarasota for a free consultation.