Work injuries happen often, with Workers’ Compensation being the most common remedy for such injuries. Although Workers’ Compensation is a no-fault system, benefits are not guaranteed, so you should always seek help with your claim.
For serious injuries, you should seek emergency medical attention by calling 911 or going to the nearest emergency room. For subsequent care and confirmation of your injuries, you should see an employer-authorized physician for seamless Workers’ Compensation billing. We can compile all medical records, accident reports, and wage documentation for your case, and explain what damages are covered by Workers’ Compensation benefits.
Call the Graves Injury Law Firm’s personal injury lawyers now at (305) 614-2767 for a free, confidential case discussion.
What Medical Attention Should You Get for a Work Injury in Coconut Grove?
Getting the right medical attention from the right sources is crucial to getting compensated for medical expenses due to a workplace injury.
Emergency Medical Care
If a workplace accident leaves you seriously injured, you should seek immediate medical attention at a nearby hospital. You do not need approval from your employer or their insurance carrier to see a specific doctor for emergency treatment. You can, and should, go to the hospital closest to your workplace for urgent medical care.
Especially after a bad fall, explosion, or other accident at the workplace, go to the hospital and get assessed for injuries. Shock can delay the pain from some non-visible injuries, so it is important to get evaluated.
Care from an Employer-Approved Provider
For all additional medical care other than emergency treatment, you must see an employer-approved doctor. While your employer has the right to choose your physician in Florida, you also have the right to make a one-time change-of-physician request for a different employer-approved doctor. Do not go to your normal primary care physician for treatment for a work injury, as resulting medical bills would not be covered by Workers’ Compensation.
What Documentation Do You Need for a Work Injury Case?
You need ample documentation for your work injury case, and our attorneys can gather all medical records, accident reports, and wage documentation required by your employer’s Workers’ Compensation carrier.
Medical Records and Doctors’ Reports
We need medical records for your work injury case to show that an occupational injury exists and that the injured worker has received or is still receiving medical care for the injury. We can compile emergency room charts and ambulance reports, radiology and imaging test results, prescription medications, surgical reports, lab test results, and other medical evidence of workplace injuries.
We also need specific reports from your doctors saying that the injury was indeed caused by work tasks/conditions, and that it is indeed disabling.
Accident Reports
Our work injury lawyers can get and use accident reports in workplace injury cases. The accident report completed by your manager or employer should note the date, location, time, outcome, and possible cause of your recent workplace injury. You should never hesitate to report an injury to your manager or employer, as that might affect subsequent accident reports.
Although Workers’ Compensation also covers most accidental self-imposed injuries, other than those due to intoxication or drug use in the workplace, do not apologize or admit you made a mistake when reporting the accident to your employer.
Income Information
Income and employment information proves what your wages were before the workplace injury occurred. Workers’ Compensation carriers need confirmation of this information so that they can use accurate numbers when calculating benefit amounts for lost wages. Tax returns, paychecks and pay stubs, and bank records can help us confirm your pre-accident income and what your post-injury compensation should be.
What Damages Can You Get for a Work Injury in Coconut Grove?
Workers who suffer occupational injuries can get damages to cover medical expenses and lost wages. Depending on your impairment rating after reaching maximum medical improvement, you may also receive additional impairment income benefits.
Medical Expenses
Workers’ Compensation should cover all medical expenses you incur from an occupational injury, as long as treatment is provided by an employer-authorized doctor, except for emergency medical care.
Once your claim is approved, physicians can bill the Workers’ Compensation carrier directly so that you never see any more medical bills yourself.
Lost Wages
Workers’ Compensation does not replace injured employees’ wages entirely. The percentage of your average weekly wage you receive from Workers’ Compensation, and how long you receive lost-wage benefits, depends on the type of lost-wage benefits you qualify for: temporary total disability, temporary partial disability, or permanent total disability.
Impairment Income Benefits
Impairment income benefits are paid to workers whose earning capacity is still limited after reaching maximum medical improvement for a workplace injury. Impairment income benefits are bi-weekly benefits paid in addition to medical and lost-wage benefits once a worker reaches maximum medical improvement.
Can You Get Non-Economic Damages for a Work Injury in Coconut Grove?
While Workers’ Compensation covers many damages associated with workplace injuries, it does not cover all potential damages, prompting many injured employees to wonder whether there are other recovery methods they could pursue.
You cannot get non-economic damages for an occupational injury from your employer’s Workers’ Compensation insurer. Workers’ Compensation does not pay for pain and suffering, which you could only get by filing a lawsuit.
Can You Sue for Work Injuries?
Most likely, you cannot sue your employer for a work injury covered by Workers’ Compensation. However, you might have a lawsuit against another party, such as the company that manufactured the defective tool that injured you at work.
If you can file a third-party work injury lawsuit in addition to a Workers’ Compensation claim, you may also get non-economic damages for your injuries – such as pain and suffering. For injuries due to gross negligence, injured workers may even get punitive damages.
Reach Out for Help with Your Work Injury Case
For a free case evaluation from the Graves Injury Law Firm, call our personal injury lawyers at (305) 614-2767.
