Orlando Workplace Accident Victims Often Struggle To Receive Benefits – Understand Your Rights
Workers’ compensation programs and laws exist to protect employees who are injured while on the job. Workers’ compensation laws were enacted to mitigate litigation expenses for both sides, and to eliminate the need for injured workers to prove their injuries were the employer’s “fault.”
Unfortunately, as business practices and the workers’ compensation insurance providers became more complex, the financial bottom line of insurance providers and employers once again have taken center stage. Not only that, but in 2003 a law was passed that completely changed the way workers’ compensation is awarded. Florida has reduced its workers’ compensation by about 65 percent in the last two decades, and now generally only pays for 21 percent of the victim’s damages. Contact our Orlando workers’ compensation attorneystoday.
In the State of Florida, Employers with Four or More Employees Must Provide Workers’ Compensation Benefits for their Employees
Whenever an employer has four or more employees, they must provide workers’ compensation benefits. These benefits come regardless of fault, meaning that even if the accident was the result of an employee’s own carelessness, the benefits must be given anyways. This no fault coverage means that negligence is not even discussed when the claim is presented to the insurance company or anyone else that has a say in the benefits being distributed, unless the worker was intoxicated or the injuries were self-inflicted intentionally. This, however, does not stop some employers from attempting to deny the coverage to the injured employee. Their denials of coverage stem from various pathways, as described below.
Employers Will Attempt to Deny Workers’ Compensation Benefits
There are roughly three million workplace injuries annually. Many of these injuries are severe, and very costly. Unfortunately, many employers will often deny or outright lie about injuries or illnesses sustained on the job, claiming that the injury was a pre existing condition, that the employee is lying about the extent of the injury, or that the injury simply did not even happen on the job. Many of these large companies have powerful attorneys as well as large insurance companies with dishonest insurance adjusters working for them. This is precisely why having an experienced Orlando workers’ compensation attorney on your side is vital to success. If you have been injured on the job, do not go it alone. The legal process is complicated and you may not get the benefits you are entitled to without proper guidance.
In the United States, Most Employers are Obligated to Pay for Workers’ Compensation for Injuries Sustained on the Job
All too often workers who have been injured on the job find themselves in a struggle to be granted and receive the workers’ compensation payments and other benefits that they are entitled to. In the United States, most employees who are injured on the job have an absolute right to medical care for their injuries, and in many cases monetary payments to compensate for resulting temporary or permanent disabilities. Contact our Orlando workers’ compensation attorneys for more information.
Florida Workplace Injury Laws Are Complex – Workers’ Compensation May Not Fully Cover Victims’ Expenses
Workplace injury laws in Florida can be very complex, and are best handled with the legal advice and representation of experienced legal counsel.
In situations where a workplace injury is caused due to the negligence of an employer or a co-worker, workers’ compensation is the sole remedy for an injured worker. Workers’ compensation will provide compensation for medical benefits and part of an injured worker’s lost wages. However, in most cases, workers’ compensation is unlikely to fully compensate an injured worker.
There are also situations where an entity other than the employer or co-worker is responsible for an on-the-job injury, which legally allow for a personal injury lawsuit to be filed.
Generally Florida’s workers compensation benefits cover:
All Orlando workers’ compensation claims do not go smoothly, with many injured workers playing the waiting game to receive entitled compensation and benefits, or even having their workers’ compensation benefits denied.
Injuries Sustained on the Job May Follow a Worker for the Rest of their Life
The most dangerous form of work is manual labor. Construction work is the most dangerous statistically, with 874 fatalities in 2014 out of 4,679 total deaths in the workplace that year. Whatever type of job in which the injury was sustained, the injuries can be severe and life long. Non-fatal workplace injuries include traumatic brain injuries, spinal cord damage, broken vertebrae, severe lacerations or puncture wounds, respiratory and other illnesses, torn ligaments including ACL tendons, and shattered hips, arms, legs, ankles, knees, and hands. Most of these injuries require substantial time to recover. A torn ACL tendon, while not life threatening, takes at least six months to heal properly after surgery. A traumatic brain injury, such as a concussion, can take days, weeks, months, or likely years if it was severe. Full cognition, speech, and motor skills may never return. Broken bones take at least eight weeks to mend, with rehabilitation taking much longer to restore the movement and strength that was lost during the healing process. Contact our Orlando worker’s comp attorneys for more information.
With many workplace injuries so disabling, many people who suffer these types of accidents are never capable of returning to work, or they are unable to return to work at the same capacity. This is exactly why hiring an experienced workers’ compensation attorney to help provide you the financial means necessary for the best healthcare is so important. The sooner and more thorough your treatment, the better your chances are of returning to full health following a traumatic workplace accident injury.
Contact Us If You Need Help With Your Orlando Workers’ Compensation & Personal Injury Claims
If you are having problems receiving compensation and benefits granted for an Orlando workplace accident or incident, remember, you do have rights, and our law firm is here to stand up for those rights in an effort to ensure you are being treated fairly and compensated accordingly. Hogan Frick represents the legal rights and goals of victims injured in an Orlando workers’ compensation or other personal injury accidents or incidents in Florida. For a confidential legal consultation, please contact us today.