Archive for the ‘Workers’ Compensation’ Category

What Type of Benefits Can I Pursue for an Occupational Illness or Disease?

Monday, September 26th, 2022

At MLG Injury, our Mississippi, Louisiana, and Florida workers’ compensation attorneys know that workers’ compensation is designed to generally cover any occupational disease related to the impacted person’s employment.

To receive benefits for an occupational disease, employees must typically show their job and the nature of their employment was a significant contributing factor to the development of the condition.

Once the first legal standard is met, workers may be eligible to pursue workers’ compensation benefits for their illness or disease, so they are not left paying for their expenses out of pocket.

What are the Most Common Occupational Illnesses or Diseases Covered by Workers’ Compensation in Florida, Louisiana, and Mississippi?

The exact definition of an occupational disease varies from state to state.

However, no matter where you live or work in the southeast, some common occupational illnesses and diseases impact workforces across the nation.

They include:

An occupational disease is treated the same as a work-related injury and is covered by workers’ compensation.

What Benefits Can Employees Claim For an Occupational Illness or Disease?

While Florida, Mississippi, and Louisiana workers’ compensation benefits vary, qualifying employees may be eligible to claim the full range of workers’ compensation benefits if they suffer from an occupational disease.

That may include treatment and costs associated with:

  • Physician Visits
  • Medical Treatments
  • Bloodwork and Lab Testing
  • Diagnostic Testing
  • Medical Supplies Required to Care for the Injury or Illness
  • Prescription Medications
  • Hospital Stays
  • Surgeries
  • Rehabilitation Services
  • Physical Therapy
  • Prosthetics
  • Travel Expenses to Obtain Medical Treatments and Services

If your illness or injuries will keep you from returning to work, you may be eligible for temporary or permanent disability benefits.

Be sure to speak with our skilled workers’ compensation attorney in Florida, Mississippi, or Louisiana to understand what is covered by each state’s laws, so you understand the benefits you are entitled to before filing a claim.

Contact our skilled Florida, Mississippi, or Louisiana workers’ compensation attorneys at MLG Injury to schedule a free consultation today by calling 888-904-2524 to learn how we can help you pursue or maintain the benefits you deserve, so you can get your life back and make informed decisions about your future. Contact our Florida personal injury lawyers for more legal help.

Can I Start a New Job While Collecting Workers’ Compensation?

Monday, August 8th, 2022

At MLG Injury, our Mississippi, Louisiana, and Florida workers’ compensation attorneys know that job changes are part of life. However, when our clients are receiving workers’ compensation benefits after suffering an at-work injury, there is some confusion as to whether they can switch jobs.

From a legal standpoint, employees are within their rights to change jobs whenever they want — even when they are still receiving workers’ compensation benefits from their employer.

However, if you decide to take a second job to supplement your income, or a completely new full-time job, your weekly pay rate amount may be impacted by the change.

Here is what you need to know.

Can My Workers’ Compensation Benefits Be Canceled By Switching Jobs?

Legally, your workers’ compensation benefits cannot be canceled:

  • Solely because you change jobs, or take a different, lesser paying job.
  • If you accept light-duty work that pays a reduced salary.

A new job can, however, impact the amount of benefits you receive.

While you may still receive a partial benefit, your weekly pay rate may not be the same as when you first started receiving your benefits.

Additionally, if your new job pays you the same as what you made at your former position, your benefits will cease altogether.

What Happens If I Take a Secondary Part-Time Job While Receiving Workers’ Compensation Benefits?

At MLG Injury, our workers’ compensation lawyers understand that getting hurt at work can leave our clients in a difficult financial position.

In some cases, injured employees may pursue a second income by taking a job that does not require physical activity, and thereby does not exaggerate their injuries.

The issue becomes, any income received will reduce the amount of their existing weekly benefit.

If you get paid and do not report the income, and you continue receiving workers’ compensation benefits, it is considered insurance fraud.

Contact Our Workers’ Compensation Attorneys in Florida, Mississippi, and Louisiana for a Free Consultation Today

Going back to work — for your current employer or a new one — before you have fully recovered could put you at risk for reinjury, hurt your recovery progress, or even keep you from fully recovering. Do not rush the process.

Contact our skilled Florida, Mississippi, or Louisiana workers’ compensation attorneys at MLG Injury to schedule a free consultation today by calling 888-904-2524 to learn how we can help you pursue or maintain the benefits you deserve, so you can get your life back and make informed decisions about your future employment.

Please contact our Florida personal injury attorneys for more legal help at MLG Injury.

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Common Mistakes When Filing for Workers’ Compensation

Monday, July 4th, 2022

At MLG Injury, our Florida, Louisiana, and Mississippi workers’ compensation attorneys know how important it is for workers to access the benefits they are entitled to after getting hurt at work.

Workers’ compensation laws in Florida, Louisiana, and Mississippi are all designed to help provide benefits for an injured employee’s medical bills and supplement their lost wages while they recover from a work accident.

Unfortunately, the claims process can be complicated and confusing, which can lead to multiple mistakes along the way, jeopardizing an employee’s access to the benefits they may be entitled to.

Here are a few of the most common mistakes employees make when pursuing workers’ compensation benefits.

Failing to Report the Injury

Under Florida, Louisiana, and Mississippi laws, workers’ compensation is a no-fault system.

This means workers are entitled to workers’ compensation benefits regardless of whether their negligence caused their injury.

If you suffer an injury at work, you should not worry about how the accident occurred, but that your employer knows it occurred right away. If your injuries allow, put the accident report in writing, and submit it to your employer immediately after the accident occurs.

If you wait to report the injury, you are more likely to have problems recovering benefits.

That is because, if there is a delay, your employer or the Florida, Louisiana, or Mississippi Workers’ Compensation Commission may doubt that the injury occurred at work — or, at the very least, downplay the severity of the injury — leaving you with less compensation than you deserve.

In all three states, you must report most injuries within 30 days. You may lose some or all your benefits if you do not notify your employer within this deadline, so do not wait.

Failing to Seek Medical Treatment

All injured workers need to know that if they do not seek medical treatment for their injuries, there is no way to prove they were hurt.

That means failing to seek treatment places you at risk of having your workers’ compensation claim denied altogether.

The purpose of workers’ compensation benefits is to help injured workers pay for their medical treatment and make up for lost income when they are unable to work. Your employer’s workers’ compensation insurance provider is not going to simply take your word for it and start paying benefits. You must prove there was an injury first, which is impossible to do without seeking medical care right after the accident occurs.

Once your injuries are diagnosed, and a treatment plan is in place, follow all doctor’s orders for the duration of your treatment, and attend all follow-up medical appointments to help keep your claim on track.

Handling Your Claim Alone

Although our states’ laws do not require employees to partner with an experienced workers’ compensation attorney, it can help you understand how the process works, without leaving any details to chance.

Our skilled workers’ compensation lawyers in Florida, Louisiana, and Mississippi will outline your claim, gather the appropriate evidence, and submit the complete and final paperwork to prove your claim while protecting your rights throughout the process.

This includes representing you during the appeals process, if necessary, or taking your claim after it has been denied. No matter where you are in the workers’ compensation process, we can help.

Contact Our Workers’ Compensation Attorneys for a Free Consultation Today

Contact our skilled Florida, Louisiana, or Mississippi workers’ compensation attorneys at MLG Injury to schedule a free consultation today by calling 888-904-2524 to learn how we can help you pursue the benefits you deserve, so you can get your life back.

What Happens If My Florida Employer Does Not Have Workers’ Compensation Insurance?

Monday, June 13th, 2022

At MLG Injury, our Florida workers’ compensation attorneys provide the legal skill and resources our clients need to hold their employers accountable for on-the-job injury expenses – even when they do not have workers’ compensation coverage.

The reality is, not all employers are required to carry workers’ compensation insurance in Florida.

Which Companies are Required to Carry Workers’ Compensation Coverage in Florida?

Under Florida law, workers’ compensation insurance is required for:

  • Employers in the construction industry must carry workers’ compensation insurance if they have at least one employee, including the owner of the company.
  • Employers in non-construction industries must carry workers’ compensation insurance if they have four or more employees, including the owner.

This holds true even if all the employees are part-time or seasonal, but it does not apply to independent contractors.

Can I Pursue My Florida Employer for Damages if It Does Not Carry Workers’ Compensation Coverage?

If an investigator finds that an employer is unlawfully skirting Florida’s workers’ compensation requirements, the agency will typically impose fines and/or stop work orders for the violation.

When an employee is injured at work and does not have workers’ compensation benefits to cover their medical expenses, wage losses, and other expenses, he or she may be eligible to file a personal injury claim against their employer.

Filing a personal injury lawsuit against the company for failing to carry appropriate workers’ compensation insurance requires partnering with an experienced personal injury lawyer who understands both workers’ compensation laws and civil litigation to help you strengthen your case and ensure that you are fairly compensated for your work-related injury or occupational disease.

Delaying legal action against your employer will jeopardize your chances of success, which is why it is essential to contact a skilled personal injury lawyer to help you expedite your claim.

We can help.

Contact Our Experienced Personal Injury Lawyers in Florida for a Free Consultation

Contact our experienced Florida personal injury attorneys at MLG Injury to schedule a free consultation today by calling 888-904-2524 to learn how we can help you pursue your employer for your complete financial recovery, so you can obtain maximum medical improvement and get back to work.

Can I Pursue Workers’ Compensation for Florida Auto Accident Injuries?

Monday, May 9th, 2022

At MLG Injury, our Florida workers’ compensation attorneys know — with very few exceptions — our state’s workforce is covered by their company’s insurance benefits if or when they get hurt at work.

Before they are covered, however, Florida’s workers’ compensation insurance providers require that an injury be “work-related” — or otherwise tied to a job-related purpose — for an employee to receive workers’ compensation benefits.

If you are in a car accident while driving or riding in a vehicle for work-related reasons away from your workplace, you might also be covered by workers’ compensation.

The determination of whether a car accident injury is sufficiently work-related for workers’ compensation purposes is going to come down to significant facts.

Here is what Florida workers need to know about this seemingly grey area.

When is a Florida Vehicle Accident Considered “Work Related?”

Although not an exhaustive list, Florida workers may be considered “on the job” when they are involved in vehicle collisions while:

  • Transporting another employee or a client
  • Making work-related deliveries
  • Running an errand for a boss or employer
  • Traveling for work
  • Driving as a profession

Workers’ compensation benefits DO NOT apply when an employee is commuting to or from work, unless they are acting on behalf of their employer during a certain period of travel when the crash occurred, or if he or she is an independent contractor.

Can I Pursue Damages Directly from the At-Fault Driver’s Insurance Coverage Instead of Workers’ Compensation?

The short answer is, yes. If a negligent driver hit your vehicle, causing injuries, our skilled auto accident and injury attorneys in Florida may pursue your claim during a personal injury case.

The benefits you receive from workers’ compensation may differ from those we can pursue during a Florida personal injury claim, so be sure to speak with one of our skilled attorneys at MLG Injury today to learn more about your complete legal rights and options.

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

Contact our experienced Florida workers’ compensation attorneys at MLG Injury to schedule a free consultation today by calling 888-904-2524 to learn how we can help you pursue the liable party’s insurance coverage for your complete financial recovery.

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