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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’ 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.
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.
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.
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.
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: 1012 |
Average rating: 4.9
Samantha was amazing to work with, detailed me throughout every step of the process and was extremely helpful and extremely friendly throughout my entire case, I recommend her and this firm
Thank you (Paul!!)and the rest of the team By far the best experience ive had with a law firm they genuinely care about their client (Like family)and their well-being and they’re all about doing what’s best for the client they gave me their word and stood behind it with their actions in helping me settle my case.I would HIGHLY recommend Kogan&DiSalvo personal injury lawfirm To anyone lookin for top notch quality service, thank you guys so much i really appreciate the hard work you guys put in for me!
Very great and didn’t forget about us thank you so much
Client: Charles Seitter ; Stephanie , Samantha and Paul. Your goto personal injury attorneys and company.
Everyone was very professional and nice
Unfortunately I was involved in an accident, for which I didn’t see the need for an attorney. But I am happy I took the advice to get the help of the team at Kogan & Disalvo. They made sure my medical bills are paid.
Thank you
My wife and I were hit in the rear by an 18 wheeler, that was loaded with bricks. Fortunately we were able to walk away, but I sustained damage to my back and neck. I can’t thank this law firm enough for the advice they gave me. It took quite a while to finally settle the case. Tiffany did a great job preparing me for my disposition, and I was very pleased the way she handled the eventual arbitration.
Thank you Tiffany, and the entire staff for their professionalism. I have no hesitation in recommending them to others in need of legal advice.
I highly recommend hiring Kogan & DiSalvo! They worked very efficiently and diligently to settle my case. There were a few setbacks and delays but Amanda Hudson conquered them without hesitation! If I ever need an injury lawyer I will only trust Kogan & DiSalvo!
Brian Andino was an outstanding lawyer who, along with his hard-working team, handled my personal injury case with professionalism and care. I was injured in a parking lot that was not maintained properly, and Brian, supported by his diligent staff, helped me navigate a complicated legal process with ease. His team was always responsive, organized, and ensured that I stayed informed at every stage of the case.
Brian’s expertise was evident in the way he built a strong case, and his team’s attention to detail made a significant difference. Together, they fought hard to secure a fair settlement for my injuries, holding the negligent parties accountable. I always felt like Brian and his team genuinely cared about my recovery and well-being.
I highly recommend Brian Andino and his dedicated team to anyone in need of skilled, compassionate, and thorough legal representation.
We would like to thank the team at Kogan and DiSalvo and wish them all a wonderful Thanksgiving. When my wife and I were involved in a small crash in 2021, we met with Ted DiSalvo at the Boca Raton office. Ted was so helpful and made us feel like he really cared about us and took our case even though it was minor. In 2022, we were rear-ended by a commercial plumbing truck that caused major injuries to my wife and I. We naturally called Kogan and DiSalvo back. We knew that they would take care of us again. Tiffany Fanelli was assigned to our case, and, Wow! For over 2 years, we worked with the team at Kogan and DiSalvo. There were times that we had doubts about what our future looked like, but Tiffany always encouraged and reassured us that she was working hard to resolve this case. Recently, Tiffany put together the most impressive presentation we have ever seen in our professional careers and Tiffany won our case in a big way. We are so thankful for what Tiffany was able to accomplish. And equally grateful to the entire team at Kogan and DiSalvo. We highly recommend them if you have to deal with a similar situation. To everyone at Kogan and DiSalvo, we wish you a happy Thanksgiving and a wonderful holiday season.
Our attorneys were very professional and efficient.
They communicated frequently and were very patient answering our questions and or concerns. In addition, they negotiated settlements with medical providers which reduced our expenses resulting in larger settlement proceeds.
In closing they did a fantastic job, and I would strongly recommend them.
Jessica and jay the best attorneys that can handle your case
I’ve never had to get an lawyer due to an accident before, Kogan and DiSalvo made this process and head ache free as possible. I hope that it doesn’t come to it but if I ever needed to choose someone again I would choose them.
I loved my experience with my Lawyer George and Macy and Victoria are the absolute sweetest!!
Love attorney Rachel~ She gets the job done fast and is thorough as well as informative. Such a genuine firm whom truly cares about people and what they deserve from the pain and suffering of being hit. Her assistant Oxsana is also fabulous. Highly recommend.
Great experience with K&G from beginning to end! Amanda worked diligently and kept me informed on any updates throughout the case. My lawyer Jay was also straightforward and trustworthy, he walked me through his plans and processes. Everything was handled well, I didn’t even have to think much about the case or stress. I’m glad I chose this firm & would return if ever necessary!
Love this firm!
I am extremely impressed with the service provided by team at Kogan and Disalvo. Jenn remained in constant contact with me during my case. She answered all my questions and was always quick to respond. My lawyer Jay was always professional and explained every step of the case. He always provided updates to my case. I’m extremely happy with this firm and would highly recommend them.
I hired Kogan & DiSalvo after an auto accident involving a tractor trailer. Honestly, I was dreading having to deal with a law office, but my attorney, Todd Baker, and his staff immediately put me at ease with their professionalism, compassion and expertise. The whole legal process was easier than I had expected, and Todd did a stellar job in negotiating a settlement in my case. I am very happy that I chose Kogan & DiSalvo to represent me. Thanks again!
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