If you were injured at work, you potentially have two options for seeking compensation. One is filing for workers’ comp benefits, which can help you with medical costs, recovering lost wages, and more. If a third party is liable for your injuries, you may also qualify to file a personal injury claim.
No matter what your plans are for your case, our law firm is here to help. We can take your case to civil court, file a workers’ compensation claim, and do everything in between. Call today to find out how the Orlando workers’ compensation lawyers at Bogin, Munns & Munns can protect your rights during your fight for justice. We have served Central Florida for over 40 years.
Our Workplace Injury Lawyers Fight for Victims in Orlando
Here at Bogin, Munns & Munns, we know that no community can operate without its workers. The way we see it, you are the backbone that makes Central Florida a great place to live. Our firm has proudly fought for victims of workplace injuries since our inception in 1979, and we will continue to do so for as long as we are needed.
Our Orlando personal injury lawyers can provide you with many legal services during this difficult time, including:
- Negotiating settlements
- Filing lawsuits
- Managing civil litigation
- Determining liability
- Providing legal advice
- Determining what damages you are eligible for
- Reviewing your workers’ compensation coverage
- Handling workers’ comp claims disputes and filing appeals when necessary
An Orlando workplace injury lawyer from our team can give you the freedom you need to take a break and focus on recovering from your injuries. We can handle the legal aspects of your case from start to finish.
We Represent Orlando Workers in All Fields
Discussions of work accidents and workers’ compensation benefits may bring to mind images of construction sites, factory floors, and other workplaces that are considered especially dangerous.
While we certainly recognize that some industries are more dangerous than others—in 2023 alone, 92 Florida construction workers suffered fatal on-the-job injuries, per the U.S. Bureau of Labor Statistics (BLS)—our Orlando attorneys are proud to represent injured workers in all positions in all fields, including but not limited to:
- Healthcare workers, who might be exposed to dangerous pathogens or illnesses, especially if they are not provided with proper safety equipment
- Office workers, who might trip or slip in the workplace or injure themselves while moving office equipment or materials
- Construction workers, who might fall from heights, be struck by falling objects, or get caught in machinery
- Transportation workers, who might be injured in a motor vehicle accident
- Custodial workers, who might be exposed to toxic cleaning chemicals or suffer repetitive stress injuries
- Warehouse workers, who might suffer injuries while lifting heavy objects or working around heavy equipment like forklifts
For more information about your rights after a workplace accident, contact a Bogin, Munns & Munns representative today to receive your free consultation. We charge no attorneys’ fees until we win, so there is no upfront cost associated with retaining our services.
To consult with an experienced workplace injury lawyer serving Orlando
(855) 780-9986
Damages You Can Recover Through Workers’ Compensation
Virtually all Florida workers are covered by workers’ compensation insurance. In other words, most workers can collect benefits if they were injured in the workplace, regardless of how the accident happened.
Workers’ compensation claims allow you to receive medical care related to your workplace injury. So long as your doctor says a particular treatment is medically necessary for enabling you to recover or to deal with injury symptoms, it should be covered as part of your benefits. This could include:
- Physical therapy
- Visits to the doctor’s office
- Hospital stays
- Prosthetics and other medical devices
- Caregiver services
- Medical testing
- Prescriptions
If your injuries cause you to miss more than seven days of work, you are also eligible to receive a portion of your lost wages. In most cases, you can qualify for up to 66.6 percent of your regular wages, assuming that this amount does not exceed the set maximum.
According to the Division of Workers’ Compensation (DWC), you may qualify for four distinctive types of disability coverage when you file a workers’ comp claim:
- Temporary Total Disability (TTD): This coverage is for injuries that completely render you unable to work for a limited period of time. Your coverage can last up to 104 weeks.
- Temporary Partial Disability (TPD): If you are able to return to work but are unable to make at least 80 percent of your previous wages, you may qualify for supplemental income that makes up the difference between your previous level of income and your current level of income.
- Impairment Income Benefits (IIB): These benefits are available if a doctor determines that you are permanently impaired. The amount of compensation you receive will be based on your percentage of impairment, which must be greater than 0 percent.
- Permanent Total Disability (PTD): If your percentage of impairment has reached a point where you are permanently unable to work at all, you might receive compensation for the rest of your life.
Death Benefits and Workers’ Compensation
A maximum of $150,000 is available for the dependents of victims who passed away from work-related injuries. This includes funeral and burial expenses (up to $7,500) as well as lost wages and educational benefits for the surviving spouse.
If you have any further questions about what types of benefits you may qualify for after a fatal accident, an Orlando wrongful death lawyer from our team can be there to assist you. Over the years, our firm has helped countless families in Central Florida during their battle for compensation.
Damages You Can Recover Through a Personal Injury Claim
Note that you cannot recover emotional damages if you file a workers’ compensation claim. While workers’ comp is very helpful for many injured workers and their families, it is strictly limited to economic damages.
When you bring a case against someone for a workplace accident, our personal injury attorneys can seek damages for both non-economic suffering and any financial losses that are not covered by workers’ compensation benefits. That could include:
- The remainder of your lost wages
- Medical bills that are not covered by workers’ comp because your doctor feels they are unnecessary or because your insurer refuses to allow you to see the provider of your choice
- Pain and suffering, including past and future physical and emotional distress connected with your injuries
- Property damage, if any of your personal property was broken or required repairs after the accident (for example, if you owned your own tools or were driving your own vehicle)
- Impaired quality of life, meaning you can no longer take care of yourself or your dependents or that you can no longer engage in activities that brought you joy
Can I Sue for Damages if I Already Filed for Workers’ Compensation?
Yes. Recovering workers’ compensation benefits and filing a personal injury lawsuit are two completely separate actions, so workers can do both if their situation calls for it.
Bogin, Munns & Munns employs over 40 attorneys, each of whom has dedicated themselves to a specific area of the law. That means we have the knowledge and experience to provide dynamic legal representation in your case, regardless of what kind of claims or other actions you end up filing.
Orlando Workplace Injury Lawyer Near Me
(855) 780-9986
Suing Your Employer in Orlando, Florida
Suing your employer is notoriously difficult in some states. Florida generally prohibits employees from suing employers, but you have the right to do so under very specific circumstances. For example, you might be able to file a lawsuit against your employer if:
- They caused your accident on purpose.
- Your employer displayed reckless negligence leading up to your accident, which virtually guaranteed that you would be injured as a result of their actions.
- Your employer does not have workers’ compensation insurance.
Even if you cannot sue your employer for a work injury, you still have the right to file a lawsuit for damages if a third party displayed negligence that led to your injury. Other parties that our work accident lawyers could potentially help you file a personal injury case against include:
- Equipment manufacturers
- Contractors and subcontractors
- Property or building owners
For example, say that you work on a construction site with contractors who do not provide their employees with proper safety training. If that lack of training caused your accident, you could sue the contractor for failing to ensure their employees knew how to do their jobs safely.
Our legal team can examine your situation and educate you about your potential options. If a lawsuit won’t make sense for your case, we can help you seek workers’ comp benefits.
How Does Filing a Lawsuit Differ from Filing for Workers’ Comp?
One big difference is the concept of liability. In a workers’ compensation claim, you do not have to prove that any particular entity caused your accident. You only have to show that your injury or illness occurred while you were performing your regular job duties. That is generally enough to qualify you for compensation.
In personal injury claims, proving liability is the cornerstone of any successful case. Our lawyers in Orlando would have to show that:
- A third party owed you a duty of care and was responsible for your safety.
- This party breached their duty by failing to provide functional equipment or basic training, or by forcing you to operate in obviously dangerous conditions.
- You suffered an injury or occupational illness because of this breach of duty.
- Your injury or illness led to financial and physical losses.
In both types of cases, you will likely have to deal with insurance companies that value their bottom line over your well-being. Let Bogin, Munns & Munns handle all communications on your behalf and make sure that the insurance company does not try to get away with paying less than you deserve. We protect our clients by:
- Answering all of their questions and concerns about the insurance company’s offers or actions
- Representing you at any and all required meetings, including negotiations, depositions, arbitration, and even court dates
- Sending and receiving all required paperwork
- Following up with the insurer if they are taking a long time to respond
Both types of cases typically settle out of court and end with you receiving regular payments or a lump-sum settlement. Our workers’ compensation attorneys can fight for you in any setting.
Time Limits on Filing Workplace Injury Cases
For any injury involving the negligence of a third party, the state applies a two-year statute of limitations on recovering damages for a workplace accident in Orlando. In other words, if you plan to file a lawsuit, you must begin your case within two years of the date you were injured.
If you wish to file a workers’ compensation claim, Florida Statutes § 440.185 states that the injury must be reported to your employer within 30 days. If there is any dispute regarding your benefits, you must file a petition for benefits within two years of the accident.
If you fail to act within these timeframes, you may forfeit your eligibility for compensation. Our work injury lawyers in Orlando recommend getting started on your case as soon as you can.
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Call Our Orlando Personal Injury Law Firm Today
Bogin, Munns & Munns provides innovative, comprehensive legal representation at a fair price, allowing injured workers to access the help they want, when they want it. Call now for a free, confidential consultation about what our Orlando work injury attorneys can do for you after a job-related accident.
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