The rules related to workers’ compensation in Florida are somewhat different than in other states. Each state has its own rules and a unique approach to these cases. Our team of workers’ compensation attorneys in the state can help you understand the differences when you are thinking about making a claim. Keep reading to find out what you need to know about these rules.
The Basics of Workers’ Comp in Florida
With workers’ compensation, you are protecting workers and employers from workplace injuries. Workers’ comp helps to cover medical expenses and lost wages, without assigning fault for the injury that occurred. As an employer, you can purchase workers’ compensation through state or private insurance, or by self-insuring. For employees, this insurance costs nothing; however, if a claim is filed, the worker no longer has the right to sue their employee to receive additional compensation to cover expenses related to the injury.
There are a few other reasons that a lawsuit may still be filed. These are mainly related to the negligence on part of the employer that contributed to the injury and any retribution employers take against the injured employee who files the workers’ comp claim.
Understanding Workers’ Comp Coverage
You also need to know what workers’ comp insurance covers. Are there any limits? It primarily covers medical expenses along with lost wages. This can include retraining benefits, temporary disability, permanent disability and in extreme situations, death benefits.
The state of Florida uses an administrative court system. The first step is to file for a petition for benefits claim, which is mediated by a third party. Make sure to hire a representative who understands the law related to workers’ comp in Florida. Our legal services are ideal for this.
Most claim totals will be determined during the mediation process. If they aren’t, the situation will move to trial and be decided by a workers’ compensation judge. With workers’ comp cases, there are no jury trials.
Investigating Cases of Negligence
Making sure you receive the financial compensation you are owed based on workers’ com is essential. Our legal services will provide services that go beyond this. Injuries and accidents that occur on the job are often related to cases of neglect.
An attorney can investigate if the workplace was dangerous or if there was some element of negligence that contributed to the injury that occurred. The attorney will work to secure evidence before its covered up and before a violation is covered up.
If the attorney finds that negligence contributed to the injury, you have the right to sue for compensation. Even though workers’ comp prevents you from suing for compensation related to the injury you suffered, cases of negligence change this fact. Workers’ comp will cover all your medical bills, but it won’t cover the cost of your pain and suffering, the stress you and your family experience because of the injury, or any changes to your quality of life. It is essential that you are compensated for these factors, too.
Hire an Attorney for Help with Your Workers’ Compensation Case
At Sternberg / Forsythe, our team understands how devastating any accident at work that results in an injury or fatality can be. If you or someone you love was a victim of this situation, contact our team today. We can help review the facts of your case and ensure you receive the compensation you deserve. If you are ready to get started, contact our legal team at Scott J. Sternberg & Associates by calling (561) 687-5660.