If you, or someone that you know, sustained an injury while working, it is important to speak with a New Port Richey workers' compensation lawyer to discuss your rights and legal remedies. At Dolman Law Group Accident Injury Lawyers, PA, we can help you navigate the workers' compensation system, file a claim, contest a denial, and appeal the insurer's decision if they are not following the rules.
Florida workers' compensation laws provide money and medical benefits to an employee who has an injury or illness as a result of an accident, injury, or occupational disease on the job. Workers' compensation is designed to protect workers and their dependents against the hardships of injury or death arising out of the work environment.
- How the New Port Richey Workers' Compensation Lawyers at Dolman Law Group Can Assist After a Workplace Injury
- Dangerous New Port Richey Occupations that are More Likely to Experience Work-Related Injuries
- Common Injuries Our New Port Richey Workers' Compensation Attorneys Handle
- New Port Richey Workers' Compensation Benefit Basics
- Workers' Compensation FAQs
- Contact a New Port Richey Workers' Compensation Lawyer at Dolman Law Group Today
How the New Port Richey Workers' Compensation Lawyers at Dolman Law Group Can Assist After a Workplace Injury
Whether you work at a construction site, a trucking company, a factory, or an office, you face the risk of suffering a workplace injury every day. Most employers are obligated to carry work comp insurance for employees, but the benefits may not cover all your losses. If someone other than your employer caused the accident that led to your injuries, you might have additional legal rights.
The team of New Port Richey personal injury lawyers at Dolman Law Group has extensive experience helping accident victims recover the compensation they need to put their lives back on track. We are proud of our track record of success and how many of our clients recommend our law firm to family and friends. To learn more about how our legal team can help you reach out for a free consultation and case review.
Dangerous New Port Richey Occupations that are More Likely to Experience Work-Related Injuries
While almost any occupation can present the potential for a worker to suffer a serious personal injury, some industries are more dangerous than others. For example, an office worker may be less likely to suffer a life-altering workplace injury when compared to a steel worker or industrial contractor. Some of the most dangerous occupations include:
- Contractors
- Maritime Workers (Dock & Offshore)
- Manufacturing
- Hospitality
- Medical
- Transportation
- Farmers
Common Injuries Our New Port Richey Workers' Compensation Attorneys Handle
Certain injuries typically occur more often on the job than in other situations. Some common job-related injuries that often lead to workers' compensation claims include:
- Repetitive movement injuries
- Driving accident injuries for delivery workers, truck drivers, and salespeople
- Overexertion or strains from heavy lifting or stretching
- Slipping or tripping on unseen hazards like holes or obstructions or falling from heights
- Machinery or equipment injuries
- Being struck or crushed by heavy objects
- Being exposed to hazardous chemicals, materials, or dangerous substances
- Explosions and fire injuries
- Workplace violence
Of course, an employee might experience many other work-related injuries that could qualify for work comp benefits. Talk to a local workers' comp attorney to know if your injury is covered and how to apply for benefits.
New Port Richey Workers' Compensation Benefit Basics
Coverage for Medical Expenses
After a workplace injury or discovery of a job-related illness, the employee must follow certain steps to qualify for workers' compensation benefits. In general, the employee must:
- Report the injury or illness within a certain period of time, usually 30 days or less,
- Seek medical treatment from a pre-approved doctor or care provider chosen by the employer or workers' comp insurance company,
- Provide all necessary documentation and forms related to the work comp claim,
- Return to work when authorized by the approved doctor, and
- Follow other specific requirements.
If your workers' compensation claim is approved, the insurance company will pay the related medical expenses directly to the providers on your behalf. If your claim is denied or delayed, you should consult with a New Port Richey workers' comp attorney to protect your legal rights.
Disability Payments for Time Off Work
The primary role of workers' compensation benefits is to compensate an individual for medical expenses and wages lost while the injury or illness made it impossible to work. Disabilities fall into one of four categories depending on whether they are total versus partial and temporary versus permanent.
- Temporary total disability: TTD prevents an individual from working for a limited amount of time. The vast majority of workers' compensation disabilities fall into this category.
- Temporary partial disability: TPD prevents an individual from doing some of the duties of the job for a limited amount of time.
- Permanent total disability: PTD prevents a former employee from ever returning to work.
- Permanent partial disability: PPD occurs when the damage is permanent but only partially impairs the ability to work.
If an employee's injury or illness places them in any one of these categories, they are entitled to some form of disability benefit. The exact benefit that the employee will receive is based on the amount of money that they were earning prior to the injury.
New Port Richey Workers' Comp Death Benefits
The workers' compensation program in Florida provides a death benefit to people who were related to a worker who died from a job-related injury or illness, such as a spouse, child, or parent, if they were financially dependent on that person. The main purpose of the benefit is to compensate dependent family members for the loss of financial support.
Workers' Compensation FAQs
After a job-related injury, what should I do?
As soon as possible you need to report your injury to your employer. Your employer may be aware, especially if they made arrangements for your medical care, however you will need to complete certain forms to officially place your employer on notice. Try to give this notice within the first week, but definitely don't wait too long. Work-related injuries and illnesses must be reported within 30 days or your claim may be denied unless:
- Your employer had actual knowledge of the injury even though you didn't file a report;
- A doctor's opinion was needed to determine the cause of your injury or illness. In this situation, your injury must be reported within 30-days of receiving the medical opinion that your injury was work-related;
- Your employer failed to post a notice about reporting requirements; or
- There are exceptional circumstances that justify your failure to report.
Once you have reported your claim and you are receiving medical treatment, keep your employer advised. Give them your medical records or any forms you receive at your medical appointments. Complete all paperwork required by the insurance company and provide your medical status and documentation of any wages you have lost or earned. When you work with an attorney, they can manage these documents for you.
What Does My Employer Have to do After I was Injured?
Your employer must report your injury to its workers' comp insurance carrier within seven days of learning about your injury. If your employer refuses to report your injury, you can send a report to the insurance company yourself, or you can ask for help from the Employee Assistance Office. Our workers' comp attorneys can also help you file that report and ensure it is done properly.
Does My Employer Have to Hold My Job for Me Until I Return to Work?
No, they don't have to wait for you to return to fill your prior position. However, they also can't fire you because you filed a workers' compensation claim. If you are fired and you believe it was in retaliation for your injury claim, you can contest the termination. This is a complicated and fact-heavy process where you must show that your termination was in retaliation and not for another legitimate reason. Your employer could also reduce your hours, give you different job tasks, or reduce your pay if you are unable to perform the same job duties.
A knowledgeable workers' compensation attorney could help you understand these aspects of the work comp process and evaluate the strength of a retaliation claim if you want to bring one.
What Will the Insurance Company do Once it has My Claim?
After your employer reports your injury to the workers' comp insurance company, the insurer is responsible for completing the following in a timely fashion:
- Naming an approved medical care provider to treat your injury;
- Determining and paying your wage replacement benefits;
- Receiving and paying your medical bills;
- Filing your claim with the Division of Workers' Compensation; and
- Notifying you of any changes in the status of your claim.
The Work Comp Insurance Company Denied My Claim. What Can I Do?
To fight a claim denial you must prepare and file a Petition for Benefits. There are different time limits for filing this type of petition depending on what is in dispute. Although you are not required to have an attorney to file this petition, a skilled workers' compensation attorney could help you prepare a comprehensive and convincing petition and ensure it is filed on time.
Contact a New Port Richey Workers' Compensation Lawyer at Dolman Law Group Today
Because of the complexity of the laws applicable to workmen's compensation, if you, or someone that you know, sustained an injury while working, it is important to speak with a New Port Richey workers' compensation attorney to discuss your rights and legal remedies. Please call our New Port Richey office today at (727) 477-9660 or complete our online contact form for a free consultation.
Dolman Law Group Accident Injury Lawyers, PA - New Port Richey Office
5924 Main St
New Port Richey, FL 34652
(727) 477-9660
References:
[1] https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440.html