If you sustained injuries on the job, you might be entitled to compensation through the workers’ compensation system. Many Titusville employees seek monetary benefits through this system each year after suffering a work-related injury. You could obtain the monetary benefits you need by following suit.
The good news is that you do not have to pursue a workers’ compensation claim by yourself. An attorney from our Titusville office could help you pursue your workplace injury claim and seek the monetary benefits you need.
Understanding Workers’ Compensation in Florida
The workers’ compensation system is a no-fault insurance program designed to provide wage replacement benefits to workers that are injured on the job. As a no-fault program, workers could recover benefits even if they were partially to blame for their own injuries. This differs from a personal injury lawsuit that would require the worker to establish that negligence resulted in their injury.
The tradeoff for workers is that this system is the only avenue available for monetary compensation from an employer. Because you are able to seek workers’ compensation benefits, you are therefore typically unable to sue an employer.
There are different types of benefits that could be available through a successful workers’ compensation claim. These benefits include:
- Temporary wage replacement benefits
- Disability benefits
- Medical care
- Death benefits
These benefits are designed to address a number of injury scenarios, including short- and long-term injuries. For workers that are too injured to work, permanent disability benefits could be available as well.
Reporting Your Workplace Injury
In order to protect your right to pursue a workers’ compensation claim, it is vital that you notify your employer of your injury as soon as possible. According to the Division of Workers’ Compensation, this notification must occur within 30 days of the injury. The failure to notify your employer in a timely manner could hurt your chances of recovery or bar them completely.
Some physical conditions occur over time or can take months to become noticeable. In cases of delayed symptoms, you must provide notice to your employer within 30 days after a doctor notes your injury. To protect yourself, it is best to provide this notice in writing.
What Details Your Report Should Contain
Your report to your employer should contain a few pieces of information. While you are providing legal notice of your injuries, you may want to avoid making your own injury diagnosis.
You may be asked to provide the following information with your notice:
- The date the accident happened
- A brief summary of how your accident occurred
- The symptoms you are currently experiencing
Your employer should then report the injury to the workers’ compensation insurance company. If they fail to do so, you have the right to make this report.
Eligibility for Workers’ Compensation Benefits Following a Workplace Injury
If you are an employee of a company in Florida with at least four workers, your employer likely has workers’ compensation coverage and you could file a claim. It is important to note that while employees are entitled to workers’ compensation benefits in most cases, the same is not true for independent contractors.
Some employers may intentionally label their employees as independent contractors in an effort to avoid paying additional premiums for their workers’ compensation insurance.
Claimants in the Construction Industry
Given the large number of workplace accidents that occur on construction sites, state law prevents construction companies from treating their workers as independent contractors at all. This means that construction workers must either be considered to be employees or business owners and could pursue a claim for benefits following a workplace accident.
We can review the status of your employment and guide you on whether or not workers’ compensation benefits are an option following a workplace injury.
How Common are Workplace Injuries and Illnesses?
Unfortunately, serious work-related injuries and illnesses are a common occurrence. Thousands of these injuries occur throughout the country every day. According to Bureau of Labor Statistics (BLS) data from 2019, employers reported more than 2.8 million nonfatal injuries and illnesses. Of those workers, nearly 900,000 of them were forced by injury to miss at least one day of work.
There are countless injuries that could occur in the workplace. When it comes to injuries that led to time away from work, the most common examples noted by the BLS involved sprains, tears, and strains. Second among these conditions was severe pain, frequently involving back pain. Lacerations, punctures, and bone fractures are also common causes of nonfatal work accidents that require at least a day off work to heal.
Any of these injuries could lead to a viable workers’ compensation claim. If you are ready to explore your options, a workplace injury lawyer from our Titusville office could help.
Your Workplace Injury Could Entitle You to Seek Monetary Benefits
If you suffered an injury at work, you might be entitled to benefits through Florida’s workers’ compensation system. These benefits could not only replace some of your lost wages but also cover your necessary medical expenses as well.
We can help you:
- File a workers’ compensation claim
- Ensure that all necessary documentation is processed
- Handle any disputed claims
- Fight for benefits on your behalf
You might be able to file a lawsuit against a liable third-party separate from your employer. Your lawyer will look to prove your injury was caused by a situation similar to a contractor’s misuse of power tools or their negligent driving on the job site.
Bogin, Munns & Munns will Fight for Your Damages
Despite being advertised as a no-fault system, the reality is that workers’ compensation benefits are denied every day. Thankfully, you have the right to contest these denials with the help of a Titusville workplace injury lawyer.
Call Bogin, Munns & Munns today at (321) 567-5470 for a free consultation. We are prepared to answer all of your questions and explain how your case might go. You deserve compensation after suffering an injury that was either a true accident or the fault of a third party. We will help you secure these damages.