Your Workers’ Compensation Case
Our attorneys at Zediker Law Firm help workers who were injured on the job and were denied their workers’ comp claims. Using our experience in advocating for workers, we help them navigate the process of trying to recover the money they might rightfully be owed.
Although workers’ compensation is typically no-fault, employees injured on-the-job by-products or machinery could sue the manufacturer of those items to obtain compensation in court (in addition to their filing a standard workers’ compensation claim).
These injuries may be the result of unavoidable accidents, dangerous working environments, inadequate training, or faulty machinery. Under workers’ compensation, however, employees are not required to prove the reason that their injury occurred, as workers’ compensation is a no-fault system that compensates injured workers without regard to negligence or fault.
Our attorneys handle on-the-job injury claims involving, but not limited to, the following:
- Muscular injuries, broken bones, torn ligaments, torn rotator cuffs, and herniated disks from lifting, pushing, or other actions
- Sickness from exposure to toxins, including occupational diseases like mesothelioma or Black Lung
- Head injuries like concussions or traumatic brain injuries (TBIs) from falling objects or falls
- Tendonitis or other repetitive motion injuries
- Construction accidents
- Hearing loss or damage
- Cold and heat stress or burn injuries from accidents like electrocution
- Assorted injuries to the back, spinal cord, shoulder, eyes, knees, neck, hip, respiratory organs, ankles, wrists, feet, and hands.
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Fortunately, Florida requires most employers to provide workers’ compensation insurance for their employees. In Florida, workers’ compensation benefits are essentially a form of wage replacement. How much you are entitled to receive depends on how much your ability to work is impacted by the injury. In Florida, you do not need to prove that your employer was at fault for your injury—only that the injury occurred while you were working.
Most accidental injuries and occupational diseases which occur in the course and scope of employment are covered by workers’ compensation. However, mental or nervous injuries are not covered unless they stem from a physical injury.
No matter how much your wages are, if you make more than $20 per week, your disability compensation will be limited to 100% of the statewide average weekly wage. As of January 1, 2016, the maximum weekly compensation was $863. The amount you may receive may be further limited based on the percentages below.
In addition to medical care coverage, three types of benefits are available: temporary total disability (TTD), temporary partial disability (TPD), and impairment benefits. TTD benefits are equal to 66 2/3% of your regular wages in most cases. If you can return to work but are unable to earn the wages you were earning prior to the injury, TPD benefits pay you 80% of the difference between 80% of your wages before your injury and what you are able to earn now. Finally, impairment benefits pay you for any permanent disability resulting from your injury.
Statue of Limitations
While there are exceptions, generally you must report a work-related injury within 30 days of the date or initial manifestation of the injury. Ultimately, you must file a petition for benefits within 2 years of your injury, but even then there are exceptions to the 2-year limitation.
In Florida, when your benefits begin depends on how long your disability lasts. If your disability lasts fewer than 22 days, your benefits do not begin until day 8 of your disability. However, if your disability lasts more than 21 days, you may receive benefits dating back to day 1 of your disability.
Whether you are receiving TTD or TPD benefits, you can receive only up to 104 weeks of benefits. If you are receiving 80% of your regular wages due to a critical injury, the time limit is shortened to only 6 months.
If your benefits are denied, Zediker Law Firm can help you file a lawsuit against the workers’ compensation insurance company. Your claim might be based on many causes of action, including an inaccurate diagnosis by the workers’ compensation insurance doctor or an inaccurate calculation of your regular wages.
Florida’s business-friendly laws could easily prevent you from getting the benefits you’re legally entitled to. Whether you’re concerned that the doctor you were instructed to see misdiagnosed you or your insurance is simply refusing to pay your benefits, Zediker Law Firm will be able to protect your rights.
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