Archive for the ‘Workers’ Compensation’ Category

How Are Workers’ Compensation Benefits Paid in Florida?

Monday, December 13th, 2021

At MLG Injury, our Florida workers’ compensation attorneys know that each workplace injury or illness, and the resulting claim, is unique.

While workers’ compensation coverage is paid by Florida employers at no cost to the employees, it is the employee’s responsibility to report a work-related accident as soon as it happens and to seek medical care immediately.

When pursuing worker’s compensation benefits, one person’s needs will differ from another’s, based on the type of injury, the length of their recovery, and whether any permanent damage occurred.

Here is what Florida employees need to know about filing a workers’ compensation claim and how it is paid.

What Does Florida Workers’ Compensation Cover?

Florida’s workers’ compensation laws allow employees to seek benefits after accidental injuries and diseases arising out of the course of their employment.

Whether it is a slip and fall injury that happened at work or long-term exposure that led to an illness, the employer’s workers’ compensation coverage may entitle the employee to medical treatment and wage replacement benefits, based on their unique circumstances.

First, workers’ compensation provides access to medical care since the injury or illness is the cornerstone of the claim.

In Florida, workers compensation medical benefits include:

  • Doctor visits
  • Physical therapy
  • Hospitalization
  • Medical tests
  • Prescription drugs

Depending on the extent of the injury, the worker may need to work in a restricted role, including one that does not aggravate the injury, or fewer hours to accommodate treatment.

Some workers may not be able to return to work for an extended period, or at all.

In each of these cases, wage replacement benefits may be available through workers’ compensation.

What Types of Wage Replacement Benefits are Available Through Workers’ Compensation in Florida?

When an employee makes less in a restricted role at work, or the inability to work at all, workers’ compensation wage replacement benefits equal two-thirds of their regular weekly wage before the injury.

Workers’ compensation wage replacement benefits may be paid at various levels, including:

  • Temporary Partial Disability Benefits: Provided when the employee is released to return to work with restrictions.
  • Temporary Total Disability Benefits: Provided when an injury or illness temporarily prevents the employee from returning to work.
  • Permanent Impairment Benefits: Provided when an injury or illness causes physical, psychological, or functional loss permanently.
  • Permanent Total Benefits: Provided when an injury causes permanent and total disability.

Workers’ compensation benefits for lost wages start on the eighth day that the injured employee is unable to work and is paid bi-weekly thereafter.

If you have been injured at work and are receiving resistance from the insurance company, contact our experienced workers’ compensation attorneys in Florida today to help pursue your claim, so you can access the medical and financial benefits you deserve.

Contact Our Skilled Workers’ Compensation Lawyers in Florida for a Free Consultation

To determine the full extent of your injuries and pursue the workers’ compensation benefits you are entitled to for your work injuries, contact our experienced Florida personal injury lawyers at MLG Injury to schedule a free consultation today by calling 888-904-2524.

Can I Get Fired for Filing a Workers’ Compensation Claim in Florida?

Monday, December 6th, 2021

All Florida businesses with four or more employees and all Florida construction businesses with even one employee are required to have workers’ compensation insurance that provides benefits for employees who get injured at or because of their work.

At MLG Injury, our Florida workers’ compensation attorneys know that legally, employees cannot be fired for reporting an injury or filing a workers’ compensation claim.

This is called retaliatory termination, and it is illegal.

However, just because it is illegal does not mean that it does not happen.

There are too many cases involving workers getting fired within months of getting injured and filing a workers’ compensation claim.

Often, these terminations are presented as business strategies designed to downsize or make budget cuts.

In reality, they are often retaliation for the claim itself.

What is Workers’ Compensation Retaliation?

A negative action taken by an employer toward an employee for reporting an injury and/or filing a claim for benefits during their recovery is considered workers’ compensation retaliation.

If you believe that your employer fired you for getting hurt and filing a workers’ compensation claim, you may be eligible to file a case against them, but you will have to prove the action was retaliation and illegal.

How Can I Prove I Was Fired in Retaliation for Filing a Workers’ Comp Claim in Florida?

When an employee believes he or she was demoted or fired in retaliation for filing a workers’ compensation claim in Florida, they must be able to prove that was true.

That includes proving a negative employment action occurred. Often, retaliation occurs in many ways, which could include harassment, demotion, or forcing the employee to do menial jobs, instead of immediate termination.

Then we must establish a connection between the retaliation and filing the workers’ compensation claim and your termination of employment.

More to the legal point, the employee must establish that the employer was aware of the workers’ compensation claim and that they ended their employment because of it.

Keep in mind, the employer will build their side of the case to avoid being penalized for unlawful behavior, which may include citing the reasons for termination as inferior performance or poor attendance or as a legitimate attempt to downsize or cut costs.

Partnering with a skilled Florida workers’ compensation attorney can help uncover the chain of events that strengthen your case to pursue success inside and outside the courtroom.

Contact Our Experienced Workers’ Compensation Attorneys in Florida for a Free Consultation Today

To understand the burden of proof necessary to hold your employer accountable for workers’ compensation retaliation, contact our experienced Personal injury attorneys Florida at MLG Injury to schedule a free consultation today by calling 888-904-2524.

Common Workplace Injuries That Can Result in Workers’ Compensation Claims in Florida

Monday, November 8th, 2021

Workplace Injuries Florida

At MLG Injury, our Florida workers’ compensation attorneys know that under Florida law, our no-fault system means workers are entitled to workers’ compensation benefits regardless of whether negligence caused their workplace injury.

Unfortunately, that does not stop the employer’s workers’ compensation insurance provider from trying to undervalue or deny our clients’ claims, even when their injuries are common occurrences in their respective industries.

Here are some of the most common workplace injuries that lead to workers’ compensation claims throughout the U.S., and how we can help you pursue the benefits you deserve when facing resistance from the insurance company.

Lacerations

Laceration injuries, which can include deep cuts or tears to the skin, can occur in virtually any industry but are common in restaurants, food production, manufacturing, and machine shops, and when severe, can leave employees out of work for extended periods.

Contusions

Contusions result in bruising that occurs after a bump to the body when employees are hit by or against an object or after suffering a fall. While most contusions may not be severe on their own, swelling and severe pain shortly after the collision can signal a more severe injury, including a concussion or internal bleeding.

Strains and Sprains

Strains are stretched or torn muscles and tendons.

Sprains are stretched or torn ligaments.

These injuries can also occur in nearly any industry during slips, trips, and falls, or twisting and pulling motions, including improper lifting or ergonomic movements. Depending on the injured person’s position, strain and/or sprain injuries can require extended medical care, surgery, and rehabilitation and therapy.

Burns

Burn injuries can be caused by heat, steam, radiation, chemicals, and electricity and are common in restaurants, manufacturing, and production industries. Depending on the degree of the burn, and where it occurred, employees can be left facing significant medical care requirements and skin grafting procedures that can leave them out of work for extended periods.

Fractures

Broken and fractured bones are common manual labor and heavy equipment and machine workforces but can happen just about anywhere and to anyone, including retail employees and office personnel after a slip, trip, or fall.

Cumulative or Continuous Trauma

When employees work in positions that require repetitive motions, each day, for years over their careers, the degradation of a body part, joints, muscles or can result and leave their future movements difficult to endure.

Consult With a Skilled Workers’ Compensation Attorney in Florida to Face the Insurance Company With Confidence

Insurance companies are in the business of making money, which is why their first line of defense is to deny workers’ compensation claims or significantly undervalue the employee’s injuries, to try and pay as little money as possible.

With an experienced Florida workers’ compensation attorney by your side, we will present the necessary evidence to strengthen your case while managing all the paperwork, deadlines, and legal requirements to pursue a successful case while you focus on your physical well-being.

Contact Our Skilled Personal Injury Lawyers in Florida for a Free Consultation Today

To determine the full extent of your injuries and pursue the workers’ compensation benefits you are entitled to for your work injuries, contact our experienced Florida personal injury lawyers at MLG Injury to schedule a free consultation today by calling 888-904-2524.

Can I Sue My Florida Employer For Damages Suffered During a Workplace Injury?

Monday, October 25th, 2021

At MLG Injury, our Florida workers’ compensation attorneys know that all Florida businesses with four or more employees must carry workers’ compensation insurance unless they operate a construction company, then they must carry coverage for every employee.

Our state’s system is considered the exclusive remedy for most work-related injuries and does not require the employee to prove the employer was negligent or at fault in any way for the damages that occurred, so long as they were hurt in the course and scope of employment.

Workers’ compensation insurance is designed to provide the employee with benefits that cover medical treatment and a portion of the lost wages during the employee’s recovery.

However, there are times when workers’ compensation coverage does not fit the injured person’s recovery needs, which may require a closer look by our Florida personal injury lawyers to determine how else the responsible party may be held liable for our client’s complete damages.

What if the Causes of My Injuries Fall Outside of Florida’s Workers’ Compensation Coverage?

There are workplace injury scenarios that may fall outside of workers’ compensation coverage, which will allow the injured employee to sue their employer or another third party for their full financial recovery.

First, employees may file a lawsuit against their employers when they are not carrying the mandatory workers’ compensation insurance required by our Florida laws.

Next, if the employer fails to file the workers’ compensation claim promptly, the employee may pursue them for their delay and the losses the employee incurred as a result. Further, employees can file a lawsuit if an employer denies a workers’ compensation claim in bad faith.

Aside from the employer, employees may pursue negligent third parties for workplace injuries.

Our Florida personal injury lawyers primarily become involved in potential liability lawsuits when a third-party property owner/controller, or another liable party who is not the direct employer is responsible for injuries caused by slips, trips, and falls, defective machinery, or negligent security.

Both require our Florida personal injury law firm to prove negligence in the form of a failure to exercise reasonable care in owning, operating or maintaining the property.

Contact Our Skilled Personal Injury Lawyers in Florida for a Free Consultation Today

To determine who is ultimately responsible for your work injuries, contact our experienced Florida personal injury lawyers at MLG Injury to schedule a free consultation today by calling 888-904-2524, as you may have grounds to pursue additional damages beyond workers’ compensation.

Eligibility For Workers Compensation Benefits

Monday, August 30th, 2021

At MLG Injury, our Florida workers’ compensation attorneys know that all employers conducting business throughout the state are required to provide specific workers’ compensation insurance, which is determined by the type of industry the business operates within and the number of employees they have on their payroll.

If you are injured because of a work-related accident, your employer’s workers’ compensation coverage may entitle you to receive both medical and partial wage replacement benefits.

The bigger question becomes, who is eligible and who does not qualify to pursue a workers’ compensation claim in Florida.

Our MLG Injury attorneys can help.

What Businesses Are Required to Carry Workers’ Compensation Coverage in Florida?

Florida workers’ compensation laws require businesses with four or more employees to provide coverage to all employees. If the business operates in the construction industry, no matter its size, it must offer workers’ compensation coverage to all employees.

Can I Pursue Workers’ Compensation as an Independent Contractor?

The short answer is, no. Independent contractors are not considered full-time employees in Florida unless they are working in the construction industry.

Outside of the general careers and positions that are labeled independent contractors by statute, including entertainers, drivers for hire, and real estate agents to name a few, other positions require a deeper look at their role with the contractor to determine their potential workers’ compensation eligibility.

Our Florida laws state that the definition of independent contractors requires four or more of the following criteria to be true.

That includes when the individual:

  • Maintains a separate business and work facility, truck, equipment, materials, or similar accommodations
  • Holds or has applied for a federal employer identification number or is a sole proprietor who is not required to do so
  • Receives compensation for work performed or services rendered, and that the compensation is paid to a business rather than to an individual
  • Holds one or more bank accounts in the name of the business entity for purposes of paying business expenses
  • Performs work for any entity outside the employer in question without applying for the position
  • Receives compensation for work or services rendered upon completion of the task(s), contract, or competitive-bid basis

What qualifies as an independent contractor is a complex legal analysis. Even if the individual does not meet four points of qualifying criteria, he or she may be considered an independent contractor when any of the following is true.

Including when the individual:

  • Performs or agrees to perform specific services or work for a specific amount of money and controls the means of their performance
  • Incurs the principal expenses related to the service or work performed
  • Responsible for the satisfactory completion of the work or services
  • Receives compensation for work or services performed for a commission or on a per-job basis and not on any other basis
  • Realizes a profit or suffers a loss in connection with performing work or services
  • Has continuing or recurring business liabilities or obligations
  • Success or failure of their business depends on the relationship of business receipts to expenditures

If you were injured at work, and are an independent contractor, call us today so we can advise on whether you have a workers’ compensation case or what may be devised as a potential personal injury claim, based on your unique circumstances.

Florida’s Workers’ Compensation Benefits Operate Under a No-Fault System

The first thing our Florida workforce should know about workers’ compensation is that the employee does not have to prove negligence caused their injury or illness to pursue the necessary benefits.

If you have been hurt at work, your employer’s workers’ compensation coverage is designed to protect you from paying for your medical care and lost wages out of pocket.

Why Do I Need a Florida Workers Compensation Attorney?

Simply because your employer must carry workers’ compensation does not mean the insurance company is going to approve your claim.

Certainly, as an eligible employee, you are entitled to workers’ compensation benefits. However, it is not your employer who is responsible for providing the coverage — it is their insurance provider.

Like most insurance companies, they will do everything they can to delay, undervalue, or avoid paying a claim — including workers’ compensation.

If the workers’ compensation insurance company is resistant to fulfilling your complete medical, financial, temporary partial disability, or temporary total disability needs, contact our skilled Florida workers’ compensation attorneys today, so we can evaluate your important case during a free consultation.

Contact Our Experienced Workers’ Compensation Attorneys in Florida for a Free Case Evaluation Today

If you have been hurt at work, we understand that your livelihood depends on your ability to pursue workers’ compensation benefits. After your injuries occur, alert your employer, seek medical care right away, and contact our experienced Florida workers’ compensation lawyers at MLG Injury to schedule a free consultation today by calling 786-206-8807.

We can take your case from the beginning, or step in to counter a denied claim. Call us now to learn more about your legal rights and options to pursue the workers’ compensation benefits you are entitled to in the state of Florida.

 

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