Everyone assumes they’re covered under Workers’ Compensation if they’re injured in a work-related accident. The fact is that Workers’ Compensation is primarily designed to provide employers with immunity from some types of lawsuits if an employee is injured on the job and limited liability companies can receive an exemption from purchasing the insurance at all.
You’ll definitely want to contact an attorney skilled in Workers’ Compensation cases. Florida is known across the nation as a state that’s friendly to businesses, but that doesn’t mean it’s employee-friendly. Workers’ Compensation laws are highly restrictive and you may find that you have to fight the system to receive basic benefits to which you’re entitled.
The Workers’ Compensation program was established to pay benefits ranging from medical costs and disability to death. You can receive a portion of your wages if you’re unable to work. The Workers’ Compensation system favors the employer and is focused on returning people to work as soon as possible.
If you file a Workers’ Compensation claim, the insurance company selects the doctor you’ll see. The insurance company’s physician will determine if you have a legitimate injury and that diagnosis determines the benefits you’re eligible to receive and for how long.
The employer’s insurance company often utilizes that diagnosis to deny or restrict benefits. If the physician certifies you healed and ready to return to work, benefits will stop, even if that means dispensing a prescription for pain medication rather than receiving several rounds of physical therapy or other services.
Compounding the problem is the very real possibility that you won’t have a job to return to. Florida laws don’t require employers to hold your position open until you return. They’re free to immediately hire a replacement. Additionally, benefits are often denied if you’re able to perform at type of work at all.
Florida laws also make it extremely difficult for Workers’ Compensation attorneys to get paid, since the employer or their insurance company pays the fees. Payment often isn’t made until the case is settled and a variety of delaying tactics are typically utilized in the hope that employees will give up.
You should immediately contact a Workers’ Compensation attorney while the incident and details are fresh in your mind should you be injured on the job. Your attorney will have the knowledge, experience and skill to ensure you obtain the benefits you deserve.