Injuries can happen at any time and any place, especially where you might least expect it. Nobody ever wants to get hurt while they are at work. Still, there might be unavoidable situations at work that could result in you incurring injuries. The Sunshine State, like many other states, allows people from the workforce to file for workers’ compensation if they get hurt while they are at work.
Experiencing an injury that leaves you unable to return to work can result in significant damages. The trauma of the accident itself is bad enough. The pain and suffering of the injury are only made worse by the exorbitant medical bills you need to cover while you recover from your injuries. Being unable to return to work due to the injuries also results in lost wages.
Many people assume that you can only incur workplace injuries if your job entails working in hazardous environments. However, there are several different types of injuries a person can suffer while on the job. There are always the obvious injuries someone might sustain due to dangerous working conditions, but there are those that are not apparent immediately. Someone suffering from injuries sustained over a long time without noticing them might have to go through a different process to file for workers’ compensation.
Understanding your legal rights after experiencing a workplace injury is crucial. This post will be an explainer discussing your rights after suffering an injury at work and the steps you need to take as soon as it happens.
Here is What You Should do When You Sustain an Injury at Work in Florida
Reporting your injuries to the HR department in your company is the first thing you need to do when you are able after sustaining an injury at work. Your company’s HR representatives are the ones who should explain the process of filing for workers’ compensation and the benefits that come with it according to your company’s policy.
To be considered eligible to file for workers’ compensation, you need to meet a few requirements, including:
- You must be an employee of the company. Being a freelance worker or a volunteer working for the company does not count.
- You must file a report within Florida’s timeline to file for workers’ compensation.
- The injury or illness you have sustained must be related to work.
- Applying for workers’ compensation requires that your company carries workers’ compensation insurance.
While most workplaces in the Sunshine State carry adequate workers’ comp insurance policies, there is a chance that your employer does not. If that is the case in your situation, you might need to consult with West Palm Beach personal injury lawyers to consider other legal avenues to seek compensation for your injuries.
The company not having workers’ compensation insurance does not mean that you have to suffer in silence without being compensated for your injuries. Depending on the circumstances, you might qualify to file a third-party claim against the company to seek reparations and become financially whole again.
It is critical to report your case and file for workers’ compensation within the deadlines outlined in Florida’s personal injury law to ensure the most ideal outcome for your case. The Sunshine State gives workers up to 12 months from the date of sustaining their injuries to report and file for workers’ compensation.
Such an extended deadline exists because some workplace injuries might not be apparent at first but show symptoms several days or even weeks after you sustain them.
What Kind of Workplace Injuries can People Sustain?
Certain types of injuries might be more common than others. It all depends on the field you work in and the nature of your job. Suppose that you work for a roofing contracting firm. It is a physically demanding job, and you could be exposed to several dangerous situations. From the risk of falling to being injured by power tools, there are multiple situations that could result in you incurring injuries at the job.
Suppose that you work in a facility processing dangerous toxins and chemicals. In that case, your injuries might be internal rather than external — even if your job is not physically demanding. You can even suffer workplace injuries if you have a desk job where the conditions and nature of work are not inherently dangerous, but accidents can cause injuries.
The most common types of workplace injuries that workers can suffer in Florida include:
- Collisions
- Breathing in toxins
- Cuts
- Tears or strains
- Slip and fall injuries
The type of injury and its severity can make a significant difference in the amount you can receive through your workers’ compensation claim. Regardless of how minor or severe your injuries are, failing to report to HR and filing for workers’ comp within the deadline can result in you losing your right to get the compensation you rightfully deserve. Making it a point to report your injuries as early as you experience the first symptoms is crucial to ensure that you can become financially whole again.
What Exactly Does Workers’ Comp Entail?
The company you work for can carry several types of benefits through their workers’ comp to cover different situations in case their employees suffer workplace injuries. The benefits available in workers’ compensation situations can vary drastically from company to company. Some of the common benefits include, but are not limited to:
- Covering the cost of medical bills
- Temporary benefits to cover lost wages while you recover
- Benefits to compensate you for rehabilitation costs
- Funeral cost coverage in case of death
You should know that it is unlikely for you to get all the workers’ comp benefits available in your company’s policy. Your company is responsible for examining all the details of your claim and determining the best possible scenario to offer you the compensation that adequately covers the damages you suffered.
It is common for many employers in Florida to offer their employees injured at work a large one-time payment to compensate them for their injuries. Getting a substantial one-time payment might seem like it is more than enough, and many injured workers tend to accept these offers without thinking things through.
You see, a lump sum amount might look attractive, but this happens mostly when companies know that it would be the easiest way to minimize their overall liability. It is not always the case, but a company offering a lump sum payment might be trying to minimize its costs.
Suppose that you suffered a workplace injury and your company offers this option to you. In that case, you should ask them what other options you can consider. If your company is reluctant to offer other benefits or does not budge from its initial offer, it might be a good idea to get in touch with a qualified personal injury lawyer.
The Process of Reporting the Injuries You Sustained
Knowing the date of when you sustained the injury is information critical to making a strong claim to seek workers’ compensation benefits. Determining the date and time of the injury when reporting injuries that are obvious might be straightforward. However, it might be difficult to pinpoint exactly when the injuries were incurred if they were internal and did not show any symptoms when the incident that caused them happened.
If you are in a similar situation, you should consider the first time you were unable to come to work because of the injury as the date for your report. Alternatively, you could report the date your doctor told you about the injury you suffered and if they determine that it could have been likely caused due to work.
Your company’s HR representative should provide you with all the documents to fill out once you report your injury to file for workers’ compensation. The quicker you do this process, the faster the process should be. The HR representative will likely walk you through the process of filling out the paperwork detailing the entire situation resulting in your injuries.
The final step in filing for workers’ compensation is to go to a doctor to have them examine your injuries. Depending on your company’s policies, the employer could request medical records aligning with your claim.
What Happens After You File for Workers’ Comp?
Once you file the report and handle your part of the process, your employer will process your claim through several reviews. The process can take some time because they will look at everything from the medical records to the work you have been doing at the company and any other information in the paperwork you filed.
Your employer can then either approve or deny your claim. Suppose that they approve your claim. In that case, your employer will offer you workers’ comp benefits that they determine to be the most suitable to adequately cover for the damages you incurred.
Suppose that the employer finds your claim disingenuous and denies it or that the benefits they offered do not reflect the severity of your injuries. In that case, you might have the chance to challenge their decision with the help of a qualified personal injury lawyer specializing in workers’ compensation cases.
You can ask them to review your case, examine all the details, and help you fight for the compensation you rightfully deserve.
Consider Contacting Qualified West Palm Beach Personal Injury Lawyers Today
Nothing is worse than having your employer deny your claim or offer the help you deserve during such challenging times, especially because you are in the situation because of the job in the first place. Nobody ever wants to be in such a situation, but if it does, you need to seek immediate help from legal experts to fight for your rights.
You can consider filing a case against your employer to seek your rightful compensation only if you do not accept any of the benefits they might offer. Consider contacting Frankl Kominsky Injury Lawyers to get in touch with their team of West Palm Beach personal injury lawyers.
The firm has a stellar track record of helping its clients get favorable outcomes for various personal injury cases. Whether you want to challenge a denied workers’ compensation claim or inadequate benefits, getting the best legal professionals in your corner can give you the best chance to become financially whole again.
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