Unfortunately, the nature of your profession puts you at risk of serious injury. And if that happens, you will find it difficult to work and even to earn a living.
In the state of Florida, most employers are required by law to maintain workers’ compensation insurance for their employees. If you are injured on the job in Florida you are entitled to pay and medical expenses.
Even if you do your best to protect against accidents and injuries, there is no way of knowing when something bad could happen. For example:
If you have been injured on the job, your health and well-being are top priority. Receive immediate medical care to better understand your injuries, treatment options, and long-term prognosis.
From there, if you are unable to return to work, you can file a workers’ compensation claim. Doing so allows you to receive payments until you can return to work.
If you are injured on the job, you are only permitted to file a personal injury claim. However, there are exceptions, and those often come into play if you are employed as a delivery driver.
Here is the question you need to answer: did your accident involve another party, such as a motorist who was under the influence of alcohol?
For instance, if you were injured in a vehicle crash while making deliveries for your employer, you can take legal action against the negligent party.
While doing so, you also have the legal right to seek workers’ compensation benefits from your employer.
With a personal injury case, you must be able to prove fault and negligence. But with a workers’ compensation claim, you do not have the same obligations. Even if you were at fault, you can still receive benefits.
When starting a new job, it is critical to understand if you are an employee or an independent contractor. This affects details such as how you are paid, if you are eligible for benefits, and if you must pay your own taxes.
Also, your classification impacts your ability to receive workers’ compensation benefits.
If you are an employee, you probably have the legal right to pursue a workers’ compensation claim.
As a contractor, this does not typically hold true. In Florida, employers are not required to provide independent contractors with workers’ compensation insurance.
Tip: if you are a contractor who feels that you should be classified as an employee, consult with your company’s HR department about your concerns. Also, visit the Florida Department of Management Services website for guidance.
On the surface, obtaining workers’ compensation benefits is as simple as filing a claim and waiting for your first payment to arrive.
But the process does not always unfold as expected.
If you or a loved one was injured at work and received a workers’ compensation denial letter, contact our law firm to learn more about your legal rights.
With 40+ years of experience in the workers’ compensation field, our attorneys know what it takes to help you through this challenging time.
Contact us online or via phone at 561-529-9569 to connect with a Florida workers’ compensation attorney who can answer your questions, provide guidance, and help you receive every dollar that is owed to you.