A Fort Walton Beach workplace accident can cause catastrophic injuries or death. If you or a loved one has suffered a workplace injury, you can contact our team at Fasig | Brooks for help. A Fort Walton Beach workers’ compensation lawyer can address all your legal concerns.
Our team has been fighting for the legal rights of workplace injury victims for years and can provide you with compassionate and competent representation. A Fort Walton Beach personal injury lawyer can help you Come Back Stronger from work-related injuries.
Find out more about your options by calling or completing our online contact form.
What Is Workers’ Compensation in Florida?
Workers’ compensation law ensures that injured employees can recover compensation for their financial losses caused by the incident. Workers’ compensation benefits include:
- Disability benefits
- Wage replacement
- Compensation for medical care
Under Florida’s “no-fault” workers’ compensation system, employees can receive benefits to cover their medical care and other losses in exchange for giving up their right to file a lawsuit in civil court.
Since this is an essential aspect of the law to understand, our workers’ compensation lawyers will explain it to you and provide legal guidance in your case, starting with a free, personalized case evaluation.
When Should You Contact a Workers’ Comp Lawyer?
Although there was a 10.7% decrease in the fatal work injury rate between 2019 and 2020, they still occur at alarming rates. The most common injuries in the workplace are:
- Spinal cord injuries
- Knee and other joint injuries
- Neck injuries
- Head injuries
You must seek immediate medical care if you have suffered an accident at work. Then, you can call a personal injury attorney to determine if you have a valid claim and the next steps to take. Accident victims who get help quickly don’t have to handle legal challenges alone.
What Causes Most Workplace Accidents?
The top causes of workplace injuries are:
A job injury caused by overexertion could result from repetitive motions such as:
Excessive physical exertion from lifting, pushing, pulling, or carrying may also lead to these injuries and qualify you for workers’ comp benefits.
Contact With Objects Or Equipment
According to the CDC, in 2020, there were 196,140 workplace injuries due to contact with objects and equipment and 1,038 US workers who died in work-related crashes.
Slip and Falls
Of the 1,176,340 nonfatal workplace injuries resulting in lost time from work in 2020, 18% were due to slips, trips, and falls. They occur when employers fail to clean up slick surfaces or when workers don’t have appropriate footwear.
Small items like hand tools falling off of tool belts or from scaffolding and other high places can cause injuries. Larger objects can also fall and cause injuries.
Employers can prevent an injury by providing barricades or overhead protective structures, guardrails, and carts with sides.
In 2020, there were 672 lives lost due to exposure to harmful substances or environments and an additional 424,369 fatal injuries and illnesses. We use our legal experience to help with worker’s comp claims involving occupational diseases.
What Types of Workers’ Compensation Benefits Can You Get?
Workers’ compensation benefits cover:
- Loss of earnings
- Medical expenses
- Death benefits
Your medical benefits may cover doctor’s appointments, medical exams, lab tests, physical therapy, prescription medications, and other medical bills.
Suppose you cannot return to work due to your workplace accident or illness. In that case, you can receive lost wages, which include temporary partial disability, temporary total disability, permanent total disability, and impairment income benefits.
Family members could receive up to $150,000 in death benefits to use for funeral and burial expenses and financial losses. A Fort Walton Beach workers’ compensation lawyer can help you learn about all potential benefits.
What Is Workers’ Compensation Immunity, and What Are the Exceptions in Fort Walton Beach?
Employers providing worker’s compensation to injured workers are entitled to immunity from civil suits by the employee or their representatives outside the workers’ compensation system. This immunity extends to general contractors and project managers in some jurisdictions.
Damages for pain and suffering are generally not awarded in workers’ compensation cases like they are in personal injury cases.
Unfortunately, when the board denies worker’s compensation claims, workers face significant legal issues because they cannot file a personal injury claim for their damages in court.
How Are Personal Injury Claims Different?
In a personal injury claim, the victim must prove negligence and liability to receive damages in court, which could take years. With the Workers’ Compensation system, the worker can receive benefits while recovering from their injuries without having to prove that anyone was negligent.
In exchange, the worker gives up the right to file a personal injury suit against their employer.
However, there is an exception if your Workers’ Compensation attorney can prove that their client’s employer was aware of a danger that was virtually certain to cause injury. If your employer covered up or tried to hide the hazardous condition without fixing it, then you should talk to us about filing a lawsuit.
How Do You Prove Negligence After a Fort Walton Beach Workplace Accident?
To receive Worker’s Comp benefits, you must prove that your employer owed you a duty of care to take reasonable precautions to ensure your safety while working. Next, you must verify that your employer breached or violated this duty of care.
An example would be when an employer fails to put a wet floor sign at the site of a spill, resulting in an employee slipping and falling. Next, you need to prove that the breach caused your injury and that you suffered damage as a result.
Can You Sue a Third Party in a Personal Injury Claim?
You may recover damages in a personal injury claim against a third party. For example, you can bring forth a claim against the designer or manufacturer of a defective work truck, piece of equipment, or tool.
A personal injury law firm can help you proceed with this kind of claim. We’re ready to offer you legal advice today about all your options.
When Should You File a Workers’ Compensation Claim in Fort Walton Beach?
If you believe you suffered an injury on the job due to your employer’s breach of their duty of care, you must act quickly and take the proper steps.
According to Florida law, workplace injury claims in Fort Walton Beach must be reported to the employer within 30 days of your accident, when you became aware of your injury, or when a doctor diagnoses you with a work-related condition.
What Are Employer Rules for Workers’ Compensation Information?
Employers must post information about workers’ compensation in a break room, by a punch-in and outstation, or in another area that workers frequent. This sign should contain information on the procedures and deadlines you must follow.
If your Fort Walton Beach employer didn’t post this sign, you can contact the Bureau of Employee Assistance and Ombudsman for help filing your workers’ compensation claim.
Suppose your Fort Walton Beach employer does not report your Workers’ Compensation case to the insurance company. In that case, you can report it yourself using a form from the Florida Division of Workers’ Compensation website.
Speak with a Fort Walton Beach Workers’ Compensation Law Firm
You can call Fasig | Brooks today if you have suffered a workplace injury due to the negligence of your employer or a third party. A Fort Walton Beach workers’ compensation lawyer from our team will stand up for you and represent your best interests while working to bring you fair damages.
You can call or complete our online contact form to learn more about the services we offer.