The Florida Workers’ Compensation Attorneys and Florida Workplace Injury Lawyers of Gilman Law LLP are Here to Help You
Gilman Law LLP has experience representing Florida workers’ compensation and Florida workplace injury accidents throughout Fort Myers, Naples, and other parties of Florida. Our Southwest Florida attorneys have represented victims of a wide variety of work related accidents, including ladder accidents, scaffolding accidents and window washing accidents. Our Fort Myers Florida workplace accident injury lawyers and Fort Myers Florida workers compensation attorneys know how emotionally and financially devastating work injury accidents can be. Our experienced Florida attorneys are committed to making sure the victims of work-related accidents have full access to the Florida state workers compensation benefits they are entitled to. But beyond that, the Florida work accident lawyers at our firm will thoroughly investigate your case to ensure that you receive compensation from all of the entities responsible for your work injuries. If you or a loved one has been the victim of a work injury, we urge you to contact a Florida worker’s compensation attorney at one of our offices in Ft. Myers, Naples or Bonita Springs. Our compassionate and committed Florida work injury accident lawyers are dedicated to helping the victims of work-related accidents get their lives back on track.
Florida Workers’ Compensation/Workplace Injury Lawyer
The Florida Workers Compensation lawyers at our firm offer free consultations to Florida residents who have had their workers’ compensation claims denied. If your Florida workers’ compensation claim has been denied, you are permitted to ask for a review or hearing of your claim. An experienced Florida workers’ compensation lawyer should be retained to assist in the appeal of your workplace injury claim.
The Florida workers’ compensation lawyers at our firm know how stressful a claim denial can be. We have helped hundreds of people successfully appeal their workers’ compensation claim denials. We are dedicated to handling your claim as quickly, efficiently, and successfully as possible.
Workers’ compensation insurance is expensive for employers and insurance companies. They can keep costs down by limiting the number of claims that are paid each year. For this reason, employers and insurance companies look for reasons to deny claims. They may say your injury was not sustained at work, that it’s less severe than you claim or that you’re not covered at all. Our Florida workers’ compensation lawyers know the tactics that are used to deny legitimate claims, and we will not allow unscrupulous insurance companies and employers to rob our clients of the compensation they deserve.
Even if you don’t go to court, an experienced workers’ compensation attorney can help by negotiating for you with the insurance company and your employer. If you feel you are being treated unfairly by your employer or insurance company, you need an experienced Florida workers’ compensation lawyer on your side to protect your rights.
Florida Workers’ Compensation Lawsuits
If you accept Florida no-fault workers’ compensation benefits, you are usually not able to sue your employer or collect non-economic damages such as pain and suffering. However, there are certain circumstances where you might still be able to pursue a claim.
In October of 2003, Florida enacted a law that gave employees who have accepted workers’ compensation benefits the right to sue their employers if they can show that the employer’s actions created a “virtual certainty” that someone would be hurt. To do that, workers must show not only physical evidence that there was danger, but that the employer knew about it, concealed it, failed to warn employees or take any other safety precautions, and that there were prior incidents and complaints because of the dangerous condition.
In Florida, it is illegal for an employer to fire someone who has filed a workers’ compensation claim. In such a case, you are permitted to file a “retaliation” lawsuit. Injured workers can also file a lawsuit if their employer was illegally operating without any workers’ compensation insurance at all.
You may also be able to file a lawsuit if your work-related injury was the fault of a third party. In this case, you may file a workers’ compensation claim with your employer while pursuing a Florida personal injury lawsuit against the third party.
Florida’s Workers’ Compensation Coverage
Workers’ compensation is a form of insurance that applies to all Florida businesses with four or more employees. If an employee is unable to work because of an on-the-job injury, he or she is entitled to collect workers’ compensation benefits until the injury heals — regardless of who is at fault.
Florida’s workers’ compensation covers any injury, disease or accident that is a direct result of a job. This includes, but is not limited to, repetitive action injuries, injuries and diseases resulting from exposure to chemicals or toxic substances, and injuries caused by job site accidents.
To be eligible for workers compensation coverage, an employee must make the initial request for medical care. If the employer accepts your request, you will be referred to a physician covered under the insurance plan. If the employer denies your request for medical care, you may seek it on your own and then attempt to recover payment for the initial denial in the workers? compensation claims process.
Florida workers’ compensation covers 66 2/3 percent of your average weekly pay rate. However, you will not be paid for the first seven days of disability unless your lost time lasts at least 21 days.
If you were injured after October 1, 2003, your average weekly rate is determined by using the wages earned in the 13 weeks prior to your injury (not counting the week in which you were injured). If you did not work at least 75 percent of the 13 weeks, your average weekly wage is calculated based on the wages of a similar employee in the same employment who did work at least 75 percent of the 13 week period.
Your workers’ compensation carrier must pay for all authorized medical treatment. Florida law requires the employer to furnish medical treatment, care, and attendance for as long as the nature of the injury requires.
Individuals who sustain certain types of injuries may be eligible for permanent disability payments. Total disability entitles the worker to benefits until he reaches the age of 75.
Under Florida law, the following injuries are presumed to be totally and permanently disabling:
- Spinal cord injury involving severe paralysis of an arm, leg, or trunk
- Amputation of an arm, hand, foot, or leg
- Severe brain or closed-head injury
- Second or third degree burns covering more than 25 percent of the total body surface
- Third degree burns covering more than 5 percent of the face and hands
- Total or industrial blindness.
Workplace Related Death in Florida
Florida workers compensation law requires that the family of a deceased worker be provided for if a death is the result of a workplace injury or illness.
If death results within 1 year of the accident the employer is responsible for paying actual funeral expenses (not exceeding $7,500) and compensation in the following percentages of weekly wages:
- Married, no children: 50 percent of average weekly wage to spouse.
- Married with children: 50 percent of average weekly wage to spouse and an additional 16 2/3 percent to the children.
- Children, no spouse: 33 1/3 percent of the average weekly wage to each child.
- Dependent parents: 25 percent of the average weekly wage to each.
- Dependent brothers, sisters, grandchildren: 15 percent of the average weekly wage to each.
Legal Help for Victims of Florida Workers’ Compensation Denials
If you or someone you know has had a workers’ compensation claim denied, you have valuable legal rights. Please fill out our online form above, or call TOLL FREE (888) 252-0048 to speak with one of our experienced Florida workers’ compensation lawyers.
If you or a loved one has been injured in a work accident, either at work or while on the job at another location, please contact Gilman Law LLP for a free, confidential, no-obligation case evaluation by one of our qualified Florida Workers Compensation lawyer. The Florida Workers Compensation attorneys at Gilman Law LLP are ready to help you get the compensation you deserve.