Orlando Workers’ Compensation Lawyers

When an accident at work occurs, it can cause an interruption in your daily routine, pain, stress, and lost wages. In some cases, workplace injuries can also be fatal. According to the United States Department of Labor workers' compensation statistics, 5,333 workers were killed on the job in 2019 alone, which averages to more than 100 per week and roughly 15 fatalities daily. If negligence played a role in your injury at work, you may be entitled to compensation as well as workers’ compensation benefits. Most employers in the state of Florida have workers’ compensation insurance, which can cover vocational rehabilitations, medical bills, social security disability, lost wages, and medical treatment. If you have been injured on the job site, Orlando workers' compensation lawyers can answer your settlement questions.

Workers' Compensation Laws in Florida

Most employers in Florida are required to provide workers' compensation insurance for their employees. This includes full-time and part-time workers. However, some exceptions exist, such as domestic workers and certain agricultural laborers.

Florida operates on a no-fault system, meaning that workers are generally entitled to benefits regardless of who was at fault for the workplace injury or illness. Employees do not need to prove their employer's negligence to receive benefits.

The following are the types of benefits available to injured workers in Florida:

• Medical Care: Coverage for all necessary medical treatment related to the work-related injury or illness, including doctor visits, surgeries, medications, and rehabilitation services.
• Wage Replacement: Temporary total disability benefits that cover a portion of an injured worker's lost wages if they are unable to work while recovering. The rate is typically two-thirds of the worker's average weekly wage, up to certain statutory limits.
• Permanent Disability Benefits: If an employee suffers a permanent disability, they may be eligible for compensation, which is determined based on the nature and extent of the disability.
• Death Benefits: If a workplace injury or illness leads to the death of a worker, their dependents may be entitled to death benefits, including funeral and burial expenses and financial support for survivors.

In Florida, employees are required to report their workplace injuries or illnesses to their employer within 30 days of the incident. Employers are then responsible for filing a workers' compensation claim with their insurance provider.

If there are disputes regarding a workers' compensation claim, they can be resolved through a system of mediation and hearings within the Florida Division of Workers' Compensation.

What If My Workers' Comp Benefits Were Denied?

Workers' compensation benefits may be denied in Florida for various reasons. While the system is designed to provide coverage for work-related injuries and illnesses, there are situations where claims can be denied.

Common reasons for denial include:

• Failure to Report the Injury Timely: In Florida, workers are required to report their workplace injuries or illnesses to their employer within 30 days of the incident. Failing to report the injury in a timely manner can be a reason for denial.
• Missed Filing Deadlines: In Florida, there are statutory deadlines for filing workers' compensation claims. If the injured worker or their employer fails to meet these deadlines, the claim may be denied.
• Lack of Causation: To be eligible for workers' compensation benefits, the injury or illness must be directly related to the job. If the employer or insurance company believes that the injury or illness is not work-related, they may deny the claim.
• Pre-existing Conditions: If an injured worker has a pre-existing medical condition that could have contributed to the injury or illness, the workers' compensation insurer may dispute the claim. They might argue that the condition was not solely caused by the workplace incident.
• Failure to Seek Medical Treatment: If an injured worker fails to seek prompt and appropriate medical treatment for their work-related injury, it can give the employer or insurer a reason to deny the claim.
• Disputes Over the Nature or Extent of the Injury: There may be disagreements between the injured worker, the employer, and the insurance company regarding the nature and severity of the injury. This can lead to disputes over the extent of benefits to be provided.
• Injuries Occurring Outside of Work: If the injury did not occur while the worker was performing their job or engaging in work-related activities, the claim may be denied. Injuries sustained during personal breaks or unrelated activities are typically not covered.
• Violation of Workplace Rules: If the injury resulted from the worker's violation of workplace safety rules, policies, or drug/alcohol policies, the claim may be denied.
• Inconsistent Medical Records: Inconsistencies or discrepancies in the medical records, medical history, or statements provided by the injured worker can be used as grounds for denial.
• Fraud or Misrepresentation: Workers who provide false information or engage in fraudulent activities related to their workers' compensation claim, such as exaggerating the extent of their injuries or falsely claiming a work-related incident, can have their claims denied and may face legal consequences.
• Administrative Errors: Sometimes, claims can be denied due to clerical or administrative errors made during the claims process.

If your workers' compensation claim is denied in Florida, you have the right to appeal the decision and seek legal assistance to help navigate the appeals process. It's essential to consult with an attorney who specializes in workers' compensation to understand your rights and options if your claim is denied.

Top 8 Common Workplace Injuries

Statistics show some of the most common work place injuries that can lead to high medical expenses are:

• Paralysis
• Burn injuries
• Amputations
• Slipping or tripping injuries
• Electrical shocks
• Hearing loss
• Traumatic brain injuries
• Loss of life

If you have been injured at work, contact an Orlando workers’ compensation lawyer who may be able to help you appeal an employer-denied claim, file for social security disability benefits or file a third-party negligence claim.

Orlando Workers’ Compensation Lawyers Working Justice for You

If you have suffered an injury at the workplace, a Burnetti, P.A. Orlando workers’ compensation lawyer may be able to help you receive the compensation you need to help take care of yourself and your family.

Here's how we can assist you throughout the process:

• Assessment of Your Case: We will begin by evaluating the details of your case, including the circumstances of your injury, your medical records, and the extent of your injuries. This initial assessment helps us understand the strength of your claim and the potential benefits you may be entitled to.
• Filing the Claim: We will assist you in preparing and filing your workers' compensation claim with the necessary documentation and information. Our experience in handling these claims ensures that your application is complete and accurate, reducing the likelihood of delays or denials.
• Negotiating with Insurance Companies: In many cases, workers' compensation benefits are provided by insurance companies. We will act as your advocate when negotiating with these insurance companies to ensure that they provide the maximum benefits you are entitled to. This includes medical coverage, wage replacement, and other necessary benefits.
• Addressing Denied Claims: If your claim is denied, we will take the necessary steps to appeal the decision. We will gather additional evidence, represent you in hearings, and work to overturn the denial to secure the benefits you deserve.
• Ensuring Fair Compensation: Our goal is to make sure you receive fair and just compensation for your injuries. We will work diligently to ensure that your medical treatment is covered, your lost wages are properly compensated, and that any permanent disability benefits are accurately assessed.
• Advising on Rehabilitation and Settlement: We will guide you through the process of rehabilitation and return to work, ensuring that you are not rushed back to work prematurely. If a settlement is in your best interest, we will help negotiate a fair settlement to resolve your case.
• Protecting Your Rights: Throughout the entire process, we will protect your legal rights and ensure that you are not taken advantage of by insurance companies or your employer. We have the experience and knowledge to handle legal complexities and address any legal issues that may arise during your workers' compensation claim.
• Peace of Mind: Having our experienced legal team by your side gives you the peace of mind that your case is being handled professionally and that you have the best chance of securing the benefits you deserve.

We understand the complexities of workers' compensation law in Florida and have a successful track record of helping clients secure their benefits. Our team is committed to providing you with the guidance and representation you need throughout the process.

Call 1-888-BURNETTI to schedule a free consultation.