When you go to work, everything you do to serve your employer is their responsibility.  Workers’ Compensation is designed to pay for injuries you suffer while serving your employer, but getting payments through this system can be difficult.

Our lawyers can help you file claims for your work injuries, getting medical and wage-loss benefits through Workers’ Comp.  However, outside lawsuits might also be available to recover damages your employer does not pay through Workers’ Comp, such as pain and suffering.

To talk to our work injury lawyers about your case in a free case review, call Graves Injury Law Firm at (305) 614-2767 today.

Filing a Workers’ Compensation Claim

The process of filing a Workers’ Compensation claim needs to be strictly followed to get your benefits.

Getting Medical Care

You must get treatment to stop your condition from getting worse – to the extent possible.  If you need emergency care, go get it right away.  If you have time to contact the Workers’ Comp insurance carrier and schedule an appointment with their chosen doctors, that is generally preferred.

Reporting Your Injury

You must also report your injury within 30 days of the injury.  With conditions that you cannot immediately discover, you may get 30 days from the time a doctor diagnoses it and says it came from your work.

Starting Benefits

Employers then report the claim to their insurance carrier, and benefits need to start within 21 days.  From there, the carrier can continue to investigate and collect evidence to make a final decision.

Awaiting a Decision

You should be able to receive temporary benefits while you await a decision.  After 120 days, the employer can make a final decision to turn off your benefits if they think the injury was not work-related.

Filing a Formal Claim

After your claim is denied, we can file a formal Petition for Benefits with the Bureau of Employee Assistance and Ombudsman (EAO).  This must be filed within 2 years of the initial injury.

Hearings and Decisions

To decide your formal claim, a Workers’ Comp Judge will hold hearings, accept evidence, and make a decision.  Both sides get time to collect evidence through depositions, medical exams, and more.

Settlement

Claims can be settled before reaching the initial 120 days of benefits, or after a Petition has been filed.  If this happens, the carrier often pays your full benefits or agrees to cash out medical expenses and keep paying lost wages as long as you need them.

We can also settle claims once you reach maximum medical improvement, at which point we can estimate the total value of your case more easily and cash out the rest of the money in a lump sum settlement.

Filing a Lawsuit for Work Injuries

While Workers’ Comp is available for many employees, it does not cover everyone, and it does not pay full damages.  For these reasons, you may want to file a lawsuit in addition or instead.

No Lawsuits Against Employer

Employees cannot sue their employers for work-related accidents in most cases.  This is only allowed if the injuries were intentional or your employer does not have the required Workers’ Comp insurance.

Third-Party Defendants Only

You can, however, sue other defendants.  These third-party defendants often include product manufacturers, drivers, suppliers, customers, and other at-fault parties.

Filing Both

You can file a lawsuit in addition to a Workers’ Comp claim; you do not have to pick just one.

If you are covered under Workers’ Comp, your employer pays regardless of who caused the accident.  You can then also file a lawsuit against an at-fault third-party defendant.

Employer vs. Independent Contractor Classification

You only qualify for Workers’ Comp if you are an employee, not an independent contractor.  This status is usually determined by looking at the factors on the ground, not just the title your employer gives your job:

  • Employees work under an employer’s direction, usually under their own name, and typically get paid hourly rates or salaries.
  • Contractors work under their own discretion, on their own time, and may work under an LLC or company name. They also typically get paid per job.

Construction contractors all count as employees in Florida, meaning they need to be covered.

Additional Damages Available

If you file a Workers’ Comp claim, you can get medical benefits and wage-loss benefits, which cover only a portion of lost wages.  There are no pain and suffering damages.

In a lawsuit, you can claim full lost wages, property damage, and other incidental damages.  You can also claim pain and suffering and other non-economic damages.

Trial vs. Settlement

A lawsuit may need to go to trial if the defendant refuses to settle for a fair value.  Insurance companies often drag out cases, hoping you will cave and accept a lower settlement, but you should not do this if it is too low.

Even if you already got damages paid through Workers’ Comp, you may need to pay the insurance carrier back.  That means your settlement needs to be higher than your Workers’ Comp settlement to get you any additional money.

FAQs for Injured Workers in Hollywood, FL

What is the Deadline to File a Work Injury Claim?

You need to report an injury to your employer within 30 days of the injury.  Formal claims are filed with the state within 2 years of your injury, after insurance denies your claim.

Lawsuits must be filed within 2 years of the injury in most cases.

Can You File a Work Injury Claim if You Caused the Accident?

Workers’ Comp is a no-fault system.  This means you can file a claim if your employer or coworker caused the accident, but you can also file for accidents you caused yourself.

Employers do not have to cover injuries you caused yourself on purpose.  They will usually try to use this as a defense against your claim if you were the one to cause the accident, but the facts will often overcome this defense.

When Do You Need a Lawyer?

You should contact our work injury lawyers as soon as you can after an accident.  We can help with claims from the beginning and advise you throughout your case.

When Should You Accept a Settlement?

Accepting a settlement can happen in the early days of the case or after you reach maximum medical improvement – which could be 2 years into your benefits.  Always consult with a lawyer before accepting a settlement, because you usually cannot undo settlements.

Call Our Work Injury Attorneys in Hollywood, FL Today

Call (305) 614-2767 for a free case assessment with the work injury attorneys at Graves Injury Law Firm.