When you are hurt while doing your job, you could be entitled to Workers’ Compensation.  This system pays for medical care, plus a portion of lost wages.  However, insurance companies and employers sometimes refuse to pay, even when they should.

Our lawyers can negotiate with your employer and seek payment on time and in the full amounts.  If they refuse, we can file with the state for a formal hearing, present evidence, and prove that your injury entitles you to benefits.  We can also potentially file outside lawsuits to supplement your damages.

For a free case evaluation, call the Workers’ Comp lawyers at Graves Injury Law Firm today at (305) 614-2767.

How to File for Workers’ Compensation

Take the following steps to file your initial claim through your employer and, if that is denied, file through the state.

Get Medical Care

You need emergency medical treatment for serious injuries so that you can document them and start creating medical records.  Your doctor will need to eventually write up a report linking your injury to your work tasks and explaining your disability.

For now, just focus on getting treated and documenting what happened.

Report Injury

You file your claim by reporting your injury to your employer.  Some employers might work with a third-party company to handle their claims, so it might be confusing to find who you actually give your notice to.

This notice of injury must come within 30 days of your injury.

Wait for Benefits and Denial

Your employer is supposed to start paying benefits while they investigate your claim under Florida law.  This means you should get your first check within 21 days of your notice.

While waiting, continue to get medical treatment for your injuries, according to your doctors’ treatment plans.  This often means seeking care from doctors your employer’s insurance carrier sets you up with.

If your employer ultimately denies the claim, you can move on to a formal claim.

Formal Claim

We can negotiate with an employer who seeks to deny your claim, and potentially keep getting you ongoing benefits while the issue is resolved.  However, if they fully deny your claim, we can file a formal Petition for Benefits with the state.

This is filed with the state to put your claim before a Workers’ Compensation Judge (WCJ).  They can then hold formal hearings, hear evidence, and grant or deny the claim.

Can You Sue for Work Injuries?

Workers’ Comp rules do allow lawsuits, but not against your employer.

Claims Against Employer

Suing your employer is typically barred for any work-related injuries.  Instead, the case goes through Workers’ Compensation.

Is There a Trial?

Workers’ Comp claims go to formal hearings with a special Workers’ Comp Judge, who only hears Workers’ Comp cases.  There is no trial, and there is no jury.

Can You Sue Other Parties?

You may be allowed to sue other at-fault parties for causing your injuries.  You cannot sue an employer, but there are no restrictions on suing other at-fault parties, e.g.,

  • Drivers
  • Equipment manufacturers
  • Suppliers
  • Customers
  • Outside contractors

Is There a Trial?

These claims against outside third parties are resolved through traditional personal injury claims.  If they refuse to meet our demands for damages or insurance claims, then we can sue these parties and take them to trial in open court.

These cases can go before a judge and jury.

How Does Settling Work in a Workers’ Compensation Case?

When you settle your claim, it can provide all of the money you would have gotten over time in your case in one lump sum.  Alternatively, you can elect for a structured settlement, i.e., monthly payments.

When doing so, it is vital that your Workers’ Comp lawyers negotiate for the full value of

  • Your wage-loss benefits during periods where you could not work
  • Any residual disability benefits during periods when you could not return to full work because of amputations or other permanent injuries
  • Your first 7 days of lost wages, if your disability lasted at least 21 days
  • The cost of any medical care you were not already reimbursed for (payments usually go straight to the provider for treatment)
  • The cost of all medical treatment you will need going forward (which may need to be set aside in a separate account, depending on how close you are to Medicare eligibility)
  • Any other benefits you need for prosthetics and other medical devices.

How Long Do You Have to File Your Claim?

Workers’ Comp claims need notice of your injury given to your employer within 30 days of the injury.  Once the claim is denied, you can file a Petition for Benefits within 2 years of the initial injury.

Lawsuits generally need to be filed within 2 years in Florida.

What Do You Need to Prove to Win a Workers’ Comp Claim?

Workers’ Compensation claims are granted when these three elements are met:

  1. The injury is work-related, meaning it happened within the course and scope of your employment.
  2. You are an employee, not an independent contractor. For construction workers, they should be treated as “employees” even if they are technically paid as contractors.
  3. Your injury is disabling, whether totally or partially.

Do You Need a Workers’ Comp Lawyer Specifically?

Many personal injury lawyers do not handle Workers’ Compensation cases.  Our law firm handles both Workers’ Comp and personal injury.

This means that, while other personal injury firms might refer you out or turn you away when it comes to Workers’ Comp claims, our lawyers can handle your whole case, from reporting to Workers’ Comp claims to third-party lawsuits.

How Do I Know What My Case is Worth?

Benefits are mostly set by law to include medical bills and a portion of lost wages.  The portion of lost wages depends on what your disability status is (total or partial, temporary or permanent) and how long it will last.

If you sue, you can claim full medical benefits, full lost wages, and pain and suffering damages.  Pain and suffering is not available in a Workers’ Comp claim.

Our attorneys can help you calculate these damages.

Call Our Workers’ Compensation Attorneys in Boca Raton Today

For a free case review, call our Workers’ Comp lawyers at Graves Injury Law Firm (305) 614-2767.