The Florida workers’ compensation system protects employees when they suffer on-the-job injuries or illnesses. This system provides workers with monetary benefits in exchange for limiting their ability to sue their employers. Our Daytona Beach workers’ compensation attorneys can help you claim the benefits you’re entitled to.
At Bogin, Munns & Munns, our Daytona Beach personal injury lawyers will fight for your compensation and combat any unfair tactics an insurance company uses to lower or deny your benefits. Contact us today for a free review of your case.
The Nature of Workers’ Compensation Claims
Workers’ compensation is a system of “no-fault” insurance provided to most employees in the State of Florida. It is no-fault because an injured worker does not have to establish that their employer was negligent to recover monetary benefits. The injured worker also does not need to prove that their negligence did not cause or contribute to the injury.
To avoid an onslaught of work-related injury claims, the state adopted this no-fault system to limit workplace injury litigation. The Division of Workers’ Compensation oversees the state workers’ compensation system, and the Florida Office of Insurance Regulation (OIR) administers workers’ compensation insurance. Most companies in the state are required to carry workers’ compensation coverage. Some exceptions apply to small companies as well as independent contractors.
You will likely be eligible for workers’ compensation benefits if you are injured at work. In some rare cases, where a third party’s negligence, such as a property owner or independent contractor, led to your injury, you may also be eligible to sue them through a personal injury lawsuit.
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Why Choose Bogin, Munns & Munns for Your Workers’ Compensation Claim Case?
Our legal team has proudly served Central Florida for over 40 years. We’re dedicated to helping our clients get the compensation they need during one of the most difficult times in their lives.
We’re accessible and stay in touch with you, so you always know where your case stands. We’ll handle the entirety of the legal process, from filing your claim to negotiating with insurers. Trust us to serve you with the dedication and empathy you deserve.
Available Workers’ Compensation Benefits
The potential benefits for a workers’ compensation claim can be robust. This financial compensation could not only cover your medical bills but also replace your lost wages for years to come. These benefits include:
Disability Payments
For many injured workers, disability payments are the most critical aspect of workers’ compensation benefits. These payments replace a portion of a worker’s wages. They can be awarded on either a temporary or permanent basis.
- Temporary total disability (TTD): Temporary total disability benefits are not intended to replace a worker’s wages forever. Instead, they exist to compensate an injured worker for as long as they cannot return to the job. However, there is a cut-off point for these benefits. You can receive two-thirds of your benefits for 104 weeks. You can receive 80% of your wages for up to six months after certain severe injuries.
- Temporary partial disability (TPD): If you are able to go back to work on restricted duty, you can recover a portion of the wages you would have earned.
- Impairment income benefits (IIB): If a doctor determines that you have reached Maximum Medical Improvement and still have some level of impairment, you could receive IIB.
- Permanent total disability (PTD): If you are permanently and totally disabled, you may be eligible for PTD.
Medical Benefits
Injured workers are also entitled to have their medical care paid for. If the doctors tell you that this care is necessary, workers’ compensation should cover the cost of your treatment and your transportation expenses.
It’s essential to note that, in most cases, you must see medical providers authorized by your employer’s insurance company.
Death Benefits
Should an employee pass away due to a workplace injury or illness, their family could receive survivor’s benefits. The worker’s spouse or children could be entitled to a portion of the worker’s wages and up to $7,500 to cover funeral and burial costs.
Rehabilitation
For some people, a workplace injury will prevent them from ever returning to their previous job. Physical limitations could make returning to that profession impossible. In these cases, benefits could be available to pay for vocational rehabilitation. This form of rehabilitation could prepare a worker for a new line of work.
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How Do Our Daytona Beach Workers’ Compensation Attorneys Investigate Your Injury or Illness?
Whether you are facing a denial of your claim or want to ensure that you receive the full benefits you’re entitled to, a thorough investigation is often vital.
Through an investigation, your lawyer will gather evidence to support your claim. This evidence can include:
- Witness statements from coworkers or bystanders
- Surveillance footage of the accident
- Photos of the accident scene
- Incident reports or police reports from the Daytona Beach Police Department
- Testimony from an accident reconstructionist
Our goal is to build as strong of a claim as possible. We may also consult with medical professionals to show how your injury or illness will continue to impact your life. Because of the time-sensitive nature of some evidence, contact a lawyer as soon as possible. As soon as you hire us, we’ll get started on our investigation. Contact Bogin, Munns & Munns today.
Common Grounds for Denied Claims
While this system is designed to be “no-fault,” there are countless ways that employers and their insurance companies will work to avoid paying out on these injury claims. Every day, insurers deny claims related to legitimate, work-related injuries.
However, there is an appeals process that allows workers to appeal unfair denials. Some reasons commonly cited by insurance companies for these denials include:
- Not Related to Work: One of the most common grounds for denial is the allegation that an injury was unrelated to work. You are only entitled to these benefits for injuries or illnesses directly from the workplace. Injuries that occur elsewhere are not covered.
- Failure to Cooperate: Workers must cooperate with insurance companies, including submitting to medical examinations. The failure to cooperate with their investigations can lead to a denial.
- Missing Paperwork: There are strict requirements for the documentation attached to an injury claim. A worker who fails to attach all the necessary documents could see their claim denied.
- Late Claim: In Florida, you generally must report your injury within 30 days. A worker who waits too long to report the injury to a supervisor or file a claim could miss out on the right to seek benefits under a workers’ compensation policy.
- Not Covered Injury: Certain circumstances can lead to an injury not covered by workers’ compensation laws. These examples include injuries to a worker who was intoxicated on the job or roughhousing with another employee.
- Failure to Seek Treatment: Injured workers must seek medical treatment and mitigate the severity of their injuries. A worker who fails to go to the doctor or does not follow a prescribed treatment plan could miss out on benefits.
If any of these have been used to deny your claim, our Daytona Beach workers’ comp lawyers can review the details of your case for an appeal.
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What Should You Do If You’ve Been Injured on the Job in Daytona Beach
If you’ve suffered an injury on the job, whether at a construction site, warehouse, office building, industrial facility, or elsewhere, it’s critical to act quickly to protect both your health and your legal rights.
- Report the Injury Immediately: Notify your employer or supervisor as soon as the injury occurs. This step is essential to begin the workers’ compensation process and create a formal record of the incident. Do so in writing to ensure that there is documentation.
- Get Medical Care Right Away: Seek emergency treatment and follow up with a doctor. While your treatment must be provided by an authorized doctor, you can typically receive emergency medical care anywhere, such as AdventHealth or Halifax Health Medical Center.
- Document the Scene: If you are able, take photos of the accident scene and of any visible injuries you have.
- Follow Through With Medical Treatment: Ensure that you follow your doctor’s treatment plan. Delaying or stopping treatment may be used against you.
- Speak With an Attorney Before Accepting Benefits: While workers’ compensation may cover some medical costs and lost wages, it often falls short of your total needs, especially with severe injuries. If a third party (like a contractor, equipment manufacturer, or property owner) contributed to your injury, you may be entitled to additional compensation through a personal injury claim.
Our team at Bogin, Munns & Munns can help you explore every possible avenue for recovery so you’re not left paying the price for someone else’s negligence.
Frequently Asked Questions About Workers’ Compensation
Below are brief answers to some of the more common questions we get asked.
How Do I File a Workers’ Compensation Claim?
You must typically notify your employer in writing and fill out a formal claim form. Your employer or insurance carrier should provide guidance, but an attorney can help ensure it’s done correctly.
What Benefits Am I Entitled to Under Workers’ Compensation?
Benefits may include medical care, temporary or permanent disability payments, vocational rehabilitation, and death benefits for dependents in fatal cases.
Can I Be Fired for Filing a Workers’ Compensation Claim?
It is illegal for an employer to retaliate against you for filing a legitimate claim. Legal recourse may be available if you believe you’ve been fired or disciplined unfairly.
What if My Employer Doesn’t Have Workers’ Compensation Insurance?
With some very rare exceptions, Florida requires employers to carry coverage. If they don’t, you may be able to file a personal injury claim against your employer.
What if My Claim Is Denied?
You have the right to appeal. An attorney can help you handle this process. When your claim is denied, the insurer must provide a reason for doing so. Our goal is to show evidence of why you are entitled to benefits.
Can I Sue My Employer for a Workplace Injury?
Workers’ compensation is the exclusive remedy for work injuries in most cases, meaning you cannot sue your employer. However, exceptions exist, especially in gross negligence or intentional harm cases.
What if My Injury or Illness Developed Over Time?
Cumulative trauma injuries (like carpal tunnel syndrome) or occupational illnesses (like respiratory conditions) are often covered. Be sure to document symptoms and seek medical evaluation.
Can I Get Compensation if I Caused the Accident?
Workers’ compensation is a no-fault system, meaning you may still receive benefits even if you contributed to the injury. There are some rare exceptions to this, so discuss what happened with your lawyer.
Do I Need a Lawyer to File a Workers’ Compensation Claim?
While not legally required, an attorney can help if your claim is denied, you have a serious injury, or your benefits are delayed or underpaid.
What Happens if I Can’t Return to My Previous Job?
You may be eligible for vocational training or permanent disability benefits. Some programs also help you transition to a new line of work.
How Are Benefits Calculated?
They are typically based on a percentage of your average weekly wage and the severity of your injury. Your attorney can help ensure the correct amount is being paid.
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Contact a Daytona Beach Workers’ Compensation Lawyer Today
Suffering an injury on the job is never easy. While the workers’ compensation system was designed to provide workers with an avenue to recover compensation for their injuries, successful outcomes in these cases are never guaranteed. One of our Daytona Beach workers’ compensation lawyers can fight for your legal right to benefits.
The personal injury attorneys at Bogin, Munns & Munns are proud advocates for the working people of Daytona Beach. We work tirelessly to help our clients get the medical treatment and disability benefits they deserve. If you have suffered an injury on the job, let our firm help you pursue your claim for monetary benefits. Contact us today.
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