You have been hurt on the job and you need help. At the Law Offices of Harris Guidi Rosner, we want to be that help. The workers’ compensation claims process is frustrating and sometimes difficult. Many times it seems like the game is fixed against you. But our team of experienced Jacksonville Workers Compensation Attorneys and Personal Injury Attorneys are ready to step in and level the playing field on your behalf.
What to Do If You Sustain an Injury on the Job
There are many deadlines involved in filing a workers’ compensation claims and it is important that you consult a qualified Jacksonville Workers Compensation Attorney early on in the process to make sure that you meet all of the requirements and deadlines to receive the workers’ comp benefits that you deserve.
Let our Florida workers’ comp attorneys help you navigate through all of the legal issues arising from your workers’ compensation claim so that you can concentrate on getting better. And with Harris Guidi Rosner, you do not have to pay any money to us up front. All of our workers’ comp cases are handled on a contingency basis.
We know how the workers’ compensation system should work, and how it works in the real world. Let our extensive knowledge and experience go to work on your behalf.
Workers’ Compensation in Florida
The Florida Workers’ Compensation system is there to help injured employees and their families overcome the financial hardships that on the job injuries can cause.
The job of the workers’ compensation system is to pay for your medical expenses & a majority of your lost wages.
Florida State Law requires that employers provide a reasonably safe work environment. It also requires that Florida employers with 4 or more employees must provide workers’ compensation insurance. There are only a few exceptions. Construction companies with just one employee must carry workers’ compensation insurance.
The Florida Workers’ compensation system is a “no-fault” system. Anyone injured during the “normal course and scope” of their job is entitled to benefits.
You do not have to prove that your employer was at fault for causing your injury to receive workers compensation benefits.
As long as your injuries occurred while performing the normal duties that are a part of your employment, you’re covered.
In fact, workers compensation covers the vast majority of injuries occurring in the work environment. This includes:
Harris Guidi Rosner – Help When You Need It
It is not always easy to get the help that you are entitled to. Filing a work-comp claim is like filing an insurance claim. A workers’ compensation claim is a request for benefits from the employer’s workers’ compensation insurance company.
Because of the many timed deadlines, it is important that employees report an accident or injury immediately to a supervisor or employer as soon as possible. If you do not, you might lose out on benefits that you are entitled to.
It is the employer’s responsibility to inform their workers’ compensation insurance carrier once they receive notice. The insurance company will then conduct an investigation into the accident or injury.
Once they conclude their investigation, they can do one of two things:
- Approve you claim and begin to provide benefits
- Deny your claim
Claim Denied – Knowing Your Workers’ Compensation Benefit Rights
Employers and workers’ compensation insurance companies may try to avoid the expense of work-comp claims by saying:
- Your injury was not sustained at work
- Your injury is not as severe as you claim
- Or even tell you that you are not covered at all.
Further still, some employers will not even carry workers’ compensation insurance.
Some will even threaten to fire an employee in retaliation against them for filing a claim. If you are fired (or even threatened to be fired) for exercising your legal rights to workers’ compensation benefits an employer may be liable for a Retaliation lawsuit. Learn more about Workers Compensation Retaliation.
If your claim is “legitimately” denied, it does not mean that you are not entitled to benefits. Because many times claims are denied in an effort to save money, the workers’ compensation system has an appeals process.
Don’t let this stop you from getting what you deserve. Read more about the workers compensation appeals process.
More Than Workers Comp
Injured workers are not only entitled to workers’ compensation benefits, but they may also be entitled to:
- disability benefits under the workers’ compensation system
- social security disability benefits
- supplemental security income benefits
You may also be able to seek damages from a third party by taking action in a personal injury lawsuit if you can prove that the third party caused the accident or injury.
Workers’ compensation laws are designed to avoid time consuming and expensive lawsuits and are set up to pay fixed amounts for lost wages and medical expenses.
If you accept Florida workers’ compensation benefits, you are usually not able to sue your employer. But, a law that took effect in 2003 has changed the rules. That law states that Florida employees that accepted workers’ compensation benefits can still sue employers if they can prove that employers knowingly allowed a situation to exist that led to an accident.
More than Filing a Lawsuit
Filing a lawsuit is not the only area that a Florida Workers Compensation Attorney can help you receive the benefits that you deserve.
Here are some of the reasons that you should consult an experienced Jacksonville Workers Compensation Attorney:
- If you are threatened or fired for exercising your legal rights to workers’ comp benefits.
- A third party caused your accident or injury.
- Your workers’ compensation claims have been denied by an employer or insurance company.
- You were told by your employer that the workplace injury you sustained is not covered.
- Employers and insurance companies keep giving you the runaround.
- Your employer tells you that he does not carry workers’ compensation insurance
- Medical providers insist that you return to work before you are ready
- You Failed a Drug Test and your case has been denied
- You are unhappy with your doctors
The Law Firm of Harris Guidi Rosner, P.A. have experienced and proven Jacksonville Workers Compensation Attorneys that can help you with all the legal issues that an on the job injury can cause you.