While injured workers are often barred by Florida law from suing their employers, there is a method by which these employees may seek financial assistance for their harm. The state workers’ compensation system provides reimbursement for medical care and lost wages to individuals hurt on the job. The injury lawyers at Cecere Santana can help residents of Fort Lauderdale and the surrounding area who have suffered a job-related accident. We have helped workers from Coral Springs, Miami, and across the state of Florida pursue the compensation they need to put their lives back together.The Process of Filing a Workers’ Compensation Claim
Workers’ compensation is an insurance system put in place to assist injured workers. Florida law requires nearly every employer with four or more employees to provide this type of no-fault coverage for their workers. An individual who is hurt or becomes sick on the job is eligible to receive benefits, as is the family of someone who dies on the job.
Workers’ compensation replaces the traditional tort system, meaning that in most cases a person hurt on the job cannot sue his or her employer, even if the employer’s negligence was the cause of the harm. There are some exceptions to this rule, but they are rare. However, employees involved in workplace injuries caused by negligent third parties or defective products are not barred from bringing claims against those defendants.
In order to receive workers’ compensation benefits, the employee reports the incident to the employer, which in turn notifies its insurance carrier. Employees have 30 days to make a report from the date of the harm or the date they learn from a doctor that they have a work-related injury.Available Remedies Include Medical Benefits and Lost Wages
The two primary types of compensation available to employees through the Florida workers’ compensation system are medical benefits and lost wages.
All workers are entitled to medical benefits to treat an injury. This includes access to a primary care physician and all necessary specialists, at no cost to the employee. The insurance also pays for hospitalization, physical therapy, medications, and other necessary treatment. The mileage traveled to and from the doctor and pharmacy is also reimbursed.
Employees who qualify for this form of financial assistance can also receive compensation for lost wages. The amount available depends on several factors, including the employee’s salary and the level of disability.
There are four types of benefits: temporary disability benefits, impairment benefits, permanent total disability benefits, and death benefits. Temporary benefits are available for workers who are either totally or partially disabled for a temporary amount of time, up to 104 weeks. Employees whose medical condition is not expected to improve may receive impairment benefits, the amount of which is determined by a physician-determined impairment rating. People who are completely and permanently disabled can collect permanent total disability benefits. Finally, the families of employees whose work injuries resulted in a tragic death are eligible to receive compensation, including funeral costs.Discuss Your Workplace Accident Claim with a Pembroke Pines Lawyer
Although it’s possible to file a workers’ compensation claim on your own, you may find the process smoother if you consult an experienced attorney. A legal professional can help you present convincing evidence of your injuries, and help you fight to receive the benefits for which you are eligible. If your claim has been rejected, a workplace accident attorney at Cecere Santana can help you appeal the denial in Pembroke Pines or the surrounding communities. To see if we can help you, call (800) 753-5529 or Contact us online.