Archive for the ‘Workers’ Compensation’ Category

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.

How Long Do I Have to File a Workers’ Compensation Claim in Florida?

Monday, April 11th, 2022

At MLG Injury, our Florida workers’ compensation attorneys know that work accidents can turn our clients’ lives upside down.

Not only do work injury victims require medical care, but they are often away from work for an extended period, which can interrupt their ability to provide for their families.

Unfortunately, if the workers’ compensation claim process is not strictly followed, their access to medical care and compensation may be disrupted, causing stress and anxiety that complicates their overall wellness.

The first step in pursuing a successful workers’ compensation claim in Florida is notifying the employer that an injury occurred.

Here is what Florida workers need to know.

When Should I Report a Florida Work Injury to My Employer?

Florida workers’ compensation law requires an injured worker to report the accident to their employer within 30 days of its occurrence.

If the injury is the result of occupational exposure, the worker has 90 days to report it.

When workers fail to report their work accident and injury to their employer in the mandated timeframe, the employer can — and most likely will — deny the claim, stating “late notice” was given (or not given at all).

The best course of action is to report any work accident and injury immediately after it happens.

The longer you wait to report the incident, the more likely the details of your accident will start to become inconsistent, which may jeopardize your claim — and worsen your injuries.

Do Not Assume Your Employer Was Notified About Your Work Accident

If you have been injured at work, it is your responsibility to notify your employer.

Do not assume that the proper parties were notified simply because a work accident happened. Also, never task another employee with notifying the employer — unless it is to get immediate help.

To avoid a scenario where the employer denies the incident occurred, verbally report the accident with a witness present or report the accident in writing, so you have evidence to prove that you reported the injury timely.

What if My Florida Employer Refuses to Report the Accident and Injury to the Insurance Company?

A Florida employer must report a work accident within seven days, but they do not always follow the law.

If your employer is not cooperating or is mismanaging your claim, we can help you pursue a speedier outcome by submitting your claim directly.

Contact Our Experienced 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 your employer’s insurance coverage for your complete injury needs.

Can My Legitimate Florida Workers’ Comp Claim Be Denied?

Monday, March 7th, 2022

At MLG Injury, our Florida workers’ compensation attorneys know that getting hurt on the job can change our clients’ lives.

Fortunately, workers’ compensation insurance is required for all Florida businesses with four or more employees, unless the business is in the construction industry. Construction businesses must have coverage for every employee.

When employees are hurt at work, workers’ comp provides medical coverage and supplemental financial support for lost wages until they are permitted to go back to work at their previous capacity or have reached maximum medical improvement.

While Florida workers’ compensation laws and benefits are clearly outlined, the insurance companies may still deny your claim.

If your claim has been denied, our skilled Florida workers’ compensation lawyers can help you file an appeal, so you can pursue the benefits to which you are entitled.

What are the Most Common Reasons Florida Workers’ Compensation Claims are Denied?

Since workers’ compensation claims are paid by the employer’s insurance coverage, it is common for the insurance company to review all claims before approving benefit payments.

Unfortunately, insurance companies review all workers’ compensation claims with scrutiny, searching for ways to minimize their exposure and avoid paying the full benefits the employee may be entitled to.

The most common reasons for Florida workers’ compensation claim denials may include:

  • Incomplete application
  • Missed filing deadline
  • The employer disputes the claim
  • The injury did not happen at work
  • Discrepancies between the documented injuries and accident report
  • The injured person did not pursue medical treatment
  • The medical provider was not on the certified list of providers
  • The injury is not severe enough to require the payment of benefits

If the insurance company denied your workers’ compensation claim, you will have received one or more correspondence that lists the reason(s) why.

In some cases, the denial may be based on an easy-to-fix clerical error. In other cases, the insurance company may provide a confusing response, leaving the injured worker unsure of how to proceed.

We can help.

How Can MLG Injury Help After My Florida Workers’ Compensation Claim Has Been Denied?

A denied workers’ compensation claim can deal a significant blow to any injured worker’s ability to get the medical care and compensation benefits they need to get their lives back on track — and get back to work.

Our Florida personal injury attorneys can pursue the best legal action for your claim by negotiating directly with the insurance company to resolve all issues that led to the denial.

If a remedy cannot be accomplished by working directly with the insurance company, our skilled attorneys will file a formal appeal or file a proceeding with a direct appeal with the Florida Division of Workers’ Compensation.

We will present the necessary evidence regarding the injury, how it occurred at work and all the ways it has affected your daily activities – and ability to work – to the Office of the Judges of Compensation Claims.

If you have been hurt at work and have had your initial Florida workers’ compensation claim denied, we can help you build a compelling case for an appeal, so you can obtain the benefits you need to fully recover.

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

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 medical and financial benefits you are entitled to, so you can get the help you need to get back to work.

Can My Florida Workers’ Compensation Claim Be Denied?

Monday, February 7th, 2022

At MLG Injury, our Florida workers’ compensation attorneys know our state’s laws require most employers to purchase workers’ compensation coverage.

Under a Florida employer’s workers’ compensation coverage, employees are compensated for occupational injuries, regardless of fault.

The problem is, just because your employer has workers’ compensation coverage does not mean the insurance company will write a blank check for your injuries.

When your claim has been denied, our skilled workers’ compensation lawyers can help you pursue a legal remedy that may allow you to get the medical care and any potential compensation you are eligible for to fully heal.

Why Would An Insurance Company Deny My Florida Workers’ Compensation Claim?

Our Florida workers’ compensation attorneys explain to each of our clients that the number one reason insurance companies deny claims is because they simply do not want to part with their corporation’s money.

According to NCCI’s State of the Line analysis, workers’ compensation insurance premiums for both state funds and private carriers totaled $42 billion last year.

Insurance companies have a single goal, which is to keep as much of that revenue as possible.

That often leads to workers’ compensation denials based on:

  • Employers refuse to admit that the employee’s injury occurred during a work-related activity.
  • Insurance companies dispute the injured person’s story, claiming he or she is simply not hurt.
  • Workers’ compensation laws reference that the employee’s injury does not comply with the obligation to show he or she was injured by an accident, by a specific traumatic incident, or an occupational disease.

Often the workers’ compensation denial will come in the form of a confusing correspondence that further interferes with the injured worker’s ability to get the benefits he or she is entitled to for their damages. We can help outline your legal rights and options to hold the insurance company responsible for their coverage obligations.

What Can I Do After My Florida Workers’ Compensation Claim Has Been Denied?

Getting hurt at work is difficult enough, and your injuries may only be compounded when the insurance company denies your claim, you are going to need someone to fight for your rights to obtain the benefits to which you are entitled.

There are several ways our Florida workers’ compensation attorneys can pursue the best legal action for your claim.

That may include negotiating directly with the insurance company before filing a formal appeal or filing a proceeding with a direct appeal with the Florida Division of Workers’ Compensation.

After filing a petition with the clerk of court in the Office of the Judges of Compensation Claims, we will present the necessary evidence to show how the injury occurred at work and how it has affected your daily activities and ability to work.

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

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’s insurance coverage for your complete medical and financial recovery.

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