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Hernando County is home to several large employers including Walmart, Publix, and Oak Hill Hospital. Together, these and other businesses employee thousands of Floridians across the county. But what happens when an employee is hurt or becomes ill on the job can cannot work?
Fortunately, the workers’ compensation system protects eligible workers across the state. But the claim process can often be confusing, and it’s not uncommon for a valid claim to be denied. Spring Hill workers’ compensation lawyers at Kogan & DiSalvo go to bat for injured employees and appeal denied claims to help workers receive the benefits they are entitled to under the law.
No one leaves for work every day expecting to be seriously injured on the job. But workplace accidents are an unfortunate reality for employees across all sectors and industries. According to the most recent data from the U.S. Bureau of Labor Statistics, more than 2 million job-related nonfatal illnesses and injuries and more than 5,000 fatal injuries were reported across the U.S. in a single year.
Common workplace accidents and injuries include:
While certain occupations like logging, roofing, and construction have the highest injury rates, work injuries are always possible, regardless of your profession. For example, slip and fall accidents can happen anywhere, at any time. And workers who perform the same tasks every day are at risk of painful strains, whether that is typing on a keyboard or loading heaving objects for hours on end.
In some cases, workers develop illnesses or diseases because of conditions at work. An occupational illness is a condition or disorder caused by the job environment or job-related activities. These illnesses can be disabling, disrupting, and even fatal.
Stressful work conditions can lead to heart disease, mental health challenges, and even post-traumatic stress disorder. Noise-induced hearing loss (NIHL) is an occupational illness brought on by prolonged exposure to high noise levels. Contact with various chemicals can cause work-related skin conditions like eczema and skin cancer.
Respiratory illnesses linked to exposure to hazardous substances are especially serious and debilitating. They include occupational asthma, chronic obstructive pulmonary disease (COPD) and asbestos-related conditions like mesothelioma, an incurable form of cancer.
When it comes to workplace injuries and illnesses, employers and employees have certain rights and responsibilities under Florida workers’ compensation laws.
As an employee, you must report your accident to your employer as soon as possible, but not beyond 30 days. If you wait too long, your claim may be denied. You should seek medical care from a provider who is approved by your employer and/or their insurance company, and bills for treatment should be submitted to the insurance company for payment.
Most employers in Florida are required by law to have workers’ compensation coverage. Your employer has 7 days to report your injury or illness to their insurance company. And from there, the insurance company must send you an informational brochure about workers’ compensation within 3 days.
If your employer does not report your accident, you can reach out to the insurance company directly or consult your workers’ compensation attorney.
In general, there are a few categories of benefits available to ill or injured workers in Spring Hill and across Florida.
Employers are required to provide medical care through an insurance carrier which includes but is not limited to:
It may also be possible to be reimbursed for travel to and from the pharmacy, physical therapy clinic, and other healthcare providers offices.
The amount and duration for compensation for lost income and disability varies based on the severity and prognosis of your condition. Your condition should fall under one of the following categories.
Some workers are also eligible for paid training to learn a new skill when an injury or illness prevents them from returning to their original job. The Florida Division of Vocational Rehabilitation may cover the costs of training, tuition, and certifications to learn a new profession. Some workers receive vocational rehabilitation benefits simultaneously with wage compensation for a certain period of time.
These benefits are available when a work-related death occurs within one year of a job accident or five years of continuous disability. They generally include funeral expenses up to a certain amount, and compensation for dependents as defined by Florida law.
Workers’ compensation guidelines may seem fairly clear and straightforward—but that doesn’t always mean the claim process is easy.
First, employees have a tight window of time to report an accident to their employer. While this may not seem like a problem initially, it’s common for certain health problems to develop days or even weeks after the initial trauma. These “delayed-onset” injuries include conditions like whiplash, head trauma, and neck and back injuries.
Workers’ compensation claims can also be denied. Your employer may say you were not injured at work or were acting reckless at the time of your accident. They argue that your condition does not keep you from working. Remember, your employer wants to protect the bottom line, and that means paying out as little as possible.
A strong workers’ compensation claim shows:
Spring Hill employees often depend on benefits to make ends meet after a debilitating workplace accident. But this compensation is not guaranteed. At times, benefits are minimal. In other cases, claims are denied outright. It’s common for businesses and their insurance companies to do everything possible to avoid paying out benefits.
After a work-related injury or illness, the assistance of a proven workers’ compensation lawyer can make a positive difference in the outcome of your case. Spring Hill personal injury attorneys at Kogan & DiSalvo have extensive experience handling injury claims, including those that fall under workers’ compensation law.
We know that a serious health problem can be devastating in so many ways. Our attorneys use every legal tool available to build a case for maximum compensation to ease your financial burden. We aggressively challenge denied claims to help you receive the benefits you deserve if you cannot work. If your checks have stopped unexpectedly, we follow up with the insurance adjuster or claim representative to make it right.
Workers’ compensation is a thriving practice area at Kogan & DiSalvo. Our dedicated team of Spring Hill personal injury lawyers is committed to defending workers’ rights across Hernando County and throughout Florida. Let us help you too. Call or connect online today to schedule a free consultation to with a trusted workers’ compensation lawyer near you.
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