Workers’ compensation is an insurance policy intended to protect both workers and employers alike. This “no-fault” insurance policy guarantees a payout to an employee injured while performing work-related duties and protects the employer against liability for the accident in question. The process for filing a workers’ compensation claim is fairly straightforward, but ensuring that you receive payment for all damages you are entitled to can be more complicated than first meets the eye. Additionally, a worker will need to manage their claim at the same time that they are trying to recover from their injuries, meaning that they must deal with the added stress, or they do not give the claim the attention that it needs. Regardless, the best way to handle a workers’ compensation claim is to work with a personal injury attorney who understands the process and can help you ensure that you get every dollar you deserve.
Contact Fasig | Brooks For a Free Consultation About Your Workers’ Compensation Claim Today
The sooner you contact our firm, the sooner you will be able to focus on recovering from your injuries without the additional stress and worry of trying to make sure your claim is successful. We have been working with Florida workers’ compensation claimants for years and will be happy to guide you through this process, too. We offer a free initial consultation for victims of workplace injuries where we can discuss the specifics of the accident, the steps already taken, and how we can help you move forward with your case.
Read more below about workers’ compensation claims, and contact us as soon as possible to get started on yours.
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Documenting a Workers’ Compensation Claim
In order to make sure that your claim is moving along properly, it is important that you keep organized records and document every step along the way. If you start the claims process yourself and choose to hand it off to an attorney at a later date, this information will be extremely helpful; alternately, if you do choose to complete the claim on your own, having access to all of these records will help you keep your stress low as you prioritize your recovery.
Information to Keep Copies of
- A copy of the accident report submitted to your employer
- A detailed report of the steps taken following your injury:
- How it happened
- Who was there
- What happened next (ambulance, doctor’s visit, surgery, etc.)
- Injuries sustained
- Any communications between you and your employer about your accident
- Medical bills and other medical-related expenses
- Income-related losses
Administrative Details
- Your workers’ comp policy number and provider
- Workers’ compensation policy coverage, exclusions, and benefits
- Filing Dates
- Any communications back and forth from the Workers’ Compensation representatives
- Copies of the decision about your claim
The aforementioned details and information to keep in an organized location are just some of the many different documents you will end up with during this process. Organization is one of the most important things to prioritize so that you do not need to shuffle through misordered information when trying to pull up important information.
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How to Choose a Lawyer
Choosing the right Jacksonville workers’ comp lawyer can make a huge difference in a work injury claim. However, many people are often discouraged either by their employers or others that they do not need one. Here is the reality: companies are often not fond of people on workers’ comp. For them, it is paying one person who is not working.
It is not fair, but it is the truth. Anyone who has been hurt at work should seek legal help to ensure that, at the very least, they are receiving the benefits that are due to them. To find a lawyer for a work injury claim, injured workers need to look for the following:
Experience and Knowledge of Florida’s Workers’ Comp Laws
Workers’ compensation law and practice in Florida is different from personal injury law. The intricacies and nuances involved are not the same. For instance, a workers’ comp claim does not require an admission of fault or negligence, while a personal injury claim does.
Another instance involves something called Maximum Medical Improvement (MMI), which is issued by the medical facility approved by their employer’s insurer. Injured workers with MMI designations may automatically stop receiving certain benefits, even if they are still suffering partial disability.
Without a lawyer who understands the law, the injured worker may be at risk of forfeiting benefits that they could ordinarily receive. If they have legal representation, the attorney can ensure that the worker was not prematurely labeled as having reached MMI to cut medical expenses.
Positive Reviews and References
When something as important as an injured employee’s livelihood is on the line, they need to make sure that their legal representation is excellent. The best way to deduce this is by researching their candidates and reading their reviews.
It is important for injured workers to see what people are saying about the injury lawyer they want to hire. A quick search online will show everything from Google Reviews to independent reviews on discussion boards, forums, and other platforms.
Easily Accessible to the Injured Worker
Things pop up all the time during workers’ compensation claims. This means that hurt employees need to be able to reach their attorney if there is a new development in their case or their process.
The lawyer should also be readily available to answer the injured worker’s questions or requests for clarification within a reasonable timeframe. If a client cannot easily reach their lawyer, it adds another layer of stress to an already strenuous process.
Other tips include ensuring they are transparent about their legal fees and other associated costs, trial law experience – relevant because insurance companies take workers’ claims more seriously when they see the employee has legal representation from an experienced trial lawyer – and trustworthiness.
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Workers’ Compensation Mistakes to Avoid
The following are a few common mistakes that you will want to avoid if you are handling your own claim. Remember that the best way to avoid any mistakes is to work with an attorney who can handle the entire process for you while you focus on your recovery and getting back to work.
Not Reporting Your Accident
There are no additional mistakes to make with a workers’ compensation claim if you fail to report your accident and injuries, to begin with. Remember that your employer pays for this insurance coverage, and you are entitled to payments if you are injured on the job. Retaliation for reporting an injury is a crime, so you should not be afraid of your employer firing you in response to your injuries.
Not Working With an Attorney
We offer a free consultation so that victims of workplace injuries can get a clear understanding of how they can benefit from our help with no commitment necessary. Knowing how and why an attorney can help you through this process, especially through a conversation specifically about your situation, can give you a clear understanding of this benefit.
Not Getting Medical Care
For some reason, some people choose to ignore their injuries and continue on as if nothing has happened. This can only lead to complications, and down the road, if your earning ability is impacted but you chose not to report your injuries or get appropriate treatment, there will be little recourse and you will need to suffer the financial consequences without help.
Going Back to Work Before Making a Full Recovery
After filing an accident report, getting medical attention, and filing a workers’ compensation claim, you will need to make sure that you follow your doctor’s orders and follow through on your recovery plan. This means staying out of work until you have made a full recovery to avoid complicating your injuries or doing more damage to your wounds.
Frequently Asked Questions About Florida Workers’ Compensation
The following are just a few of the many questions we answer during our initial consultations with victims of workplace injuries. Remember that these answers are not meant to be interpreted as legal advice, and are simply meant to give you a general sense of how your question may be answered based on your specific situation.
Do I Need a Lawyer to File a Workers’ Compensation Claim?
There is no law or requirement for you to hire an attorney in order to file and complete a workers’ compensation, but you can benefit greatly from having a legal professional assist you through this process. These claims can be complicated, especially when you are trying to focus on recovering from your injuries at the same time. To make sure that you get what you deserve, hiring a lawyer is one of the best steps you can take.
How Much Is My Workers’ Compensation Claim Worth?
In order to determine how much you deserve after your accident, we will need to go through a range of factors including your salary, your time away from work, your medical bills, and whether or not you will be able to make a full recovery and return to your former position.
If I Have Permanent Injuries, What Should I Do?
Workers’ compensation will provide you with long-term disability payments if you are unable to return to work because of permanent injuries. However, if you are looking at either short-term or long-term disability as your best option, it is extremely important that you complete this process with the help of an attorney to ensure that you get the payments you are rightfully entitled to.
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