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Getting hurt or becoming sick at work will qualify many employees for Florida’s workers’ compensation to cover related expenses.
The complexities of getting a claim accepted may require the knowledge of an experienced injury lawyer. The Stuart workers’ compensation lawyers at Kogan & DiSalvo offer free case review consultations to workers facing difficulties with the system.
Our knowledgeable workers’ comp attorneys can help to assess the full value of your injury accurately, recommend specialists to see to fully document it, anticipate counter-arguments that attorneys for the insurance company may make, and ensure that you receive the maximum compensation for your injury.
Workers’ Compensation in Stuart
Workers’ comp in Florida, as in other states, is an attempt to facilitate an easy payment to injured workers and protect employers from employee lawsuits. Florida law requires businesses with more than four employees to provide workers’ compensation. However, several exceptions apply. For example, companies engaged in construction, an industry that is rife with injuries that are suffered by workers on the job, are required to carry workers’ comp if they have even one employee. In contrast, agricultural companies are not required to carry a policy until they have six workers.
Workers’ compensation claims must meet specific requirements for the insurance to apply. For example, if an employee is a truck driver for a company and suffers an injury in a truck accident, the claim will be denied if the driver wasn’t doing work-related duties by taking time to run a personal errand in the truck. Additionally, an employer must be notified within 30 days of a work-related injury, or within 30 days of learning of your work-related illness.
To avoid missing the 30-day cutoff, an employee must promptly report an injury or illness to a supervisor and go to a physician chosen by the employer. The worker also must seek medical attention quickly to ensure that further harm from inattention does not happen. If a cut finger left unattended becomes infected, the new damage may not qualify because of the employee’s delay. In cases of illness, reporting time begins when the employee first notices symptoms, such as a mesothelioma diagnosis in the case of asbestos workers.
Though the language of workers’ compensation insurance requires an injury to be “work-related,” this does not necessarily mean that it must be an injury you received while performing a work function. For example, this can include a slip and fall accident at work when you were taking a 15-minute break.
Benefits from Workers’ Compensation
The insurance covers the cost of medical care and a portion of the earnings an employee loses from the inability to work. In Florida, wage protection is 66 percent of the employee’s average earnings from a week’s work. They calculate the exact amount of earnings 91 days before the injury or illness.
Florida law does not allow an employee to receive disability insurance if they only miss seven days of work, but if the disability lasts more than 21 days, they will receive payment for that seven-day period. Payments are generally based on a formula that varies between the severity and nature of the injury, i.e., a 100% loss of use of one arm will be worth 312 weeks’ pay, whereas a 25% loss of use of the same arm will be worth 78 weeks’ pay.
Injured or sick workers who receive social security benefits can also get workers’ comp benefits at a reduced rate. An employer cannot fire a worker for filing a workers’ compensation claim. However, under Florida law, the employer does not have to hold the worker’s job open until the employee is able to return. If the worker cannot return to the previous line of work, they can receive job counseling and re-training. Speak with a Stuart lawyer to learn more about the benefits of workers’ compensation.
In the event of a death resulting within one year of the date of a work-related accident, or after five years of continuous disability, workers’ comp will offer survivors death benefits up to $150,000, including funeral expenses, compensation to dependents, and educational benefits to the surviving spouse.
Denied Workers’ Compensation Claims
The state could potentially reject workers’ compensation claims if they do not follow the established rules or procedures. For example, an injury or ailment does not qualify if it happened previously or if the assigned duties did not exacerbate an existing condition.
The employee may challenge a denied claim by submitting a Petition for Benefits. Generally, the employee has two years to file the petition, but that depends upon the issue of the dispute. If the petition is not successful, the employee can go to the appeals board of the Division of Workers’ Compensation in the Florida Department of Financial Services.
Should that fail, they can go to the Florida Office of Insurance Regulation, and then the Florida First District Court of Appeals. Contact a Stuart lawyer to find out more information about what to do when a workers’ compensation claim is denied.
Alternative Avenues of Compensation
While workers’ compensation typically discharges an employer’s liability for a work-related injury, there can occasionally be third parties at fault for the accident, or the employer may have invalidated their workers’ compensation policy through gross negligence or intentional acts.
If a third party is partially at fault for an accident, they may be sued for negligence despite the employer’s liability being fully discharged through workers’ compensation. For example, if a construction site is owned by a third party and a dangerous condition that is the owner’s fault develops on the property and injures a worker, they can be sued for negligence.
As in any negligence case, it will need to be demonstrated that this defendant owed a duty to their plaintiff, that they breached their duty, and that this breach of their duty caused an injury to the plaintiff. This can be done even if the employer was partially at fault, and their liability in this accident is discharged through workers’ comp. For example, this can include a product liability claim for defective tools used during work and caused an injury.
Additionally, employers can act in a way that will invalidate their protection through workers’ comp and allow an employee to sue them. This can include gross negligence, committing acts intended to injure the worker, or failing to obtain workers’ comp insurance.
In the tragic event of a death resulting from a work-related injury not covered by workers’ comp, this can include a wrongful death claim. These claims will need to be filed by the decedent’s personal representative within two years of the date of their death.
Wrongful death cases are attempts by the courts to place survivors into the place of the decedent, allowing them to recover any damages that the decedent would have accumulated before their death, i.e., medical bills and compensation for pain and suffering. This will also allow survivors to receive compensation for the loss of their loved one, including loss of emotional support and the wages they would have received from their death until retirement.
If you believe that a work-related injury involved a third party or your employer invalidated their workers’ comp insurance, scheduling a free consultation with a Stuart personal injury attorney from Kogan & DiSalvo can help clarify and contextualize your injury.
Working with a Stuart Workers’ Compensation Attorney
If you suffer an injury at work, a Stuart workers’ compensation lawyer may be able to help you receive your benefits. Call today for a free consultation.
Total reviews: 1344 | Average rating: 4.9
Kurt Hoffman
Samuel Clarke
Best people on a team that helped me on my case, communication skills are way above anything, and they work well and they stay on it. If you have on your side your definitely doing something right!
Thassia Rodrigues
I had an amazing experience with this law office after my daughter’s accident. They handled everything with so much care and professionalism. I especially want to highlight Samantha J., the paralegal who helped us every step of the way. She was patient, kind, and always quick to answer any questions I had. Her communication and support made a stressful situation so much easier. I’m truly grateful for everything she did for our family.
Joshua Ghodooshim
Samantha Juerakahn and the team at Kogan & DiSalvo are absolute bulldogs. Samantha is extremely responsive, razor-sharp with details, and relentless in driving the case forward. When the opposition plays hardball, they push back harder and never back down. If you want a legal team that fights aggressively and gets results, this is it.
Andrew Collado
Cogan & DiSalvo was amazing from start to finish. Amanda and the entire team guided me through every step of my accident case and always made sure I understood what was going on. They were professional, supportive, and truly cared about getting me the best experience
Rosibel “Rosibel Castro Ventura” Florida Homes
I highly recommend Kogan & DiSalvo. Attorney Rachel Schrager was compassionate and communicative throughout my case, and her staff and paralegal team were professional, knowledgeable, and efficient. Their support made the entire process smooth and stress-free. Thank you for your excellent service.
shahpour ebrahimi
Kogan & DiSalvo personal injury Lawyers are the best Law firm in Florida. I must say that Attorney DiSalvo and his staff; Attorney Sonia Masters and Paralegal Monica Kuniyoshi were outstanding in handling my personal injury case. After my car accident, I was overwhelmed and uncertain of my Legal rights. Attorney Master’s professionalism and timely communication helped me achieve a favorable outcome. The paralegal staff, particularly Ms. Kuniyoshi was also helpful and prompt in her responses, which made the whole stressful process much more manageable. I am deeply thankful for their services, kindness and highly recommend Kogan & DiSalvo personal injury Law firm to anyone facing similar circumstances.
Jill Butterworth
I highly recommend Kogan & DiSalvo law firm. My overall experience was a positive one and met my expectations.
Attorney Rachel Schrager was compassionate about my situation, has a kind demeanor, communicated well with me on my car accident lawsuit.
Paralegal Amanda Hudson was very knowledgeable, always professional, efficient in all the legal matters.
She turned what could have been a stressful experience into one where I felt very supported every step of the way.
Taylor Dagostino
When looking for an attorney for my accident case, I wanted an established law firm with a great reputation. I definitely found that with Kogan and Disalvo. Right from the beginning, the firm walked me through the process and always kept in contact with me. Whenever I had questions, someone would reply within the same day. My case was finalized very quickly and I was very pleased with the amount of my settlement. I would highly recommend Kogan and Disalvo for legal assistance. I was thoroughly impressed with their professionalism, knowledge and ability to help me with a superb settlement. Thank you, Kogan and Disalvo.
Michael Coulter
They helped me out so much! The service was so helpful and they always stayed in contact with me, Sally was amazing and so was Rachel, I am really grateful for them.
Paul Carter
The attorney, and paralegals and others were very helpful with the claim. Everything that was done in the process was with their client in mind. Excellent at what they do.
Joseph Larosa III
Sally Rachel and candela’s were amazing. They helped me so much
Michelle Flanagan
Kogan & DiSalvo helped me with my car accident claim, they were with me every step of the way, always helpful, and kept me updated. Most importantly they explained all my options, and answered all my questions. Amazing team!!!!!
Samantha Place
Even though I have hard case this office heard what I said and took it to heart ❤️ great communication very kind people . I thank this office a lot for hearing me out and helping to fight for me .If anyone gets in an auto accident I recommend call them for inquiry best lawfirm in florida !
Ivy Knight
Paralegals are top notch!
Charity Johnson
My team was so kind and I feel like they won my case with no problem at all! Not only was the process faster than expected, but they were always professional and kind. Every time I called Angela Martiuk was always helpful with all my questions so I never had to stress throughout the whole process. ⭐️ Five stars!
Brandon Strausbaugh
Candelyse is a dedicated hard worker, I would highly recommend using this firm for your personal injury case.
Tim Roberts
Jenn was absolutely amazing very helpful and highly recommend
Melida Tribble
Jenn was super nice ! Very helpful! Highly recommend!
Jason Viens
Great firm! Jenn is awesome and very helpful
