Workers' Compensation Attorney
Do not let your employer tell you that you cannot file a workers' compensation claim.
Protect your rights!
Protect your rights!
If any employee of any company with four (4) or more employees, at any time gets hurt on the job, the employee is entitled to workers compensation benefits. At the time the injury occurs, the employee must be acting in the "course and scope" of his or her employment to be eligible for workers' compensation benefits.
Dedicated, caring, thorough, and aggressive repesentation you can trust!
COURSE AND SCOPE OF EMPLOYMENT: What does "course and scope" mean? Under Florida's Workers' Compensation Law, it means that you must have been performing the duties that you were hired to perform by your employer at the time you were injured. In other words, you must be doing something that your employer asked or expected you to be doing as part of your employment when the accident occured. There are many different circumstances that amount to "course and scope."
REPORTING THE INJURY: When an accident occurs that you believe will be covered by workers' compensation, notify your supervisor immediately. The law in Florida allows an injured employee to report an accident up to thirty (30) days after the date the employee knew or should have known that an injury occurs, but there is no time like the present. Do not wait to report an injury; it will only complicate an otherwise simple situation. If you believe you need more medical attention then a Band-Aid or an aspirin, then request to see a doctor immediately at the time the injury occurs. Do not wait to see a doctor. Your supervisor may say to you to go home and rest for a couple of days to see how it goes. You may give in to your supervisor for a few days, but make sure a written report of the accident has been completed and make it clear that you think you should see a doctor. Do not go to your own primary care doctor. It is important that all of the treatment that you obtain come from a doctor in the workers' compensation system.
Request that an accident report be completed. In Florida, an employer must fill out a "Notice of Injury" within seven (7) days of the workers' compensation accident.
WORKERS' COMPENSATION BENEFITS: The following are the benefits available to an injured worker in Florida. You should check with an attorney in your own state to find out exactly what benefits are available to you.
(1) The employer is required to pay all medical bills.
(2) The employer must pay any lost wages for time missed which exceeds 7 days.
(3) If the employee is permanently injured to any degree, impairment benefits are available.
(4) There is also an entitlement to mileage reimbursement for travel to and from the doctor's office and for medication
prescribed by the doctor authorized to treat the injured employee.
IMPORTANT: There are many other benefits available, too numerous to mention here. The above list is by no means exhaustive.In Florida, an employer may not discharge, threaten to discharge, harass, intimidate or coerce an employee because that employee requests workers' compensation benefits. Should an employer engage in such conduct, then that employer will be subject to other claims in the form of a civil lawsuit. For more information on these issues, go to the "retaliation" page. If you would like to learn more about workers' compensation or retaliation contact me today for a consultation.
Note:For individuals outside of Florida, all states have different workers' compensation laws. It is important to consult with a licensed workers' compensation attorney in your area to obtain a full understanding of all benefits available.