Workplace Injuries and Workers’ Compensation
Every year, millions of workers are injured while working for private employers. It is very important to determine whether your injury was caused by your employer or some other person or corporation. If you have sustained an injury or illness while working, you may have the right to receive benefits that cover their medical expenses and lost wages under Florida’s Worker’s Compensation laws.
However, sometimes your injury will be caused by the negligence of someone other than your employer. In that case, you could have a direct personal injury claim against this third party and your claim would not be limited by workers compensation laws. It is important to contact an experienced personal injury attorney who can advise you who is at fault for your injuries and help you recover all of the damages and benefits you deserve.
Do I have to report my injury?
Yes. You should report your injury to the employer as soon as possible, but no later than thirty (30) days. Your employer then has up to seven (7) days to report the injury to their insurance company.
What if surgery is recommended?
The doctors will typically start with conservative treatment, such as injections or physical therapy. However, it this is unsuccessful, surgery may become an option. Hopefully, if surgery is recommended, the workers’ compensation insurance company will authorize the procedure and agree to pay for it. However, it is not always so easy. Sometimes the insurer will request that you see another doctor for a second opinion. These doctors are paid for by the insurance company, so you won’t always get an unbiased and fair evaluation. If this doctor disagrees with the surgical recommendation, you will definitely need to hire an experienced workers’ compensation attorney to pursue your legal rights.
When to settle your workers’ compensation claim
At some point, an injured worker may want to stop receiving benefits and settle the case by receiving a lump sum from the insurance company. While receiving a settlement can be a favorable option in many cases, it usually means that you give up the right to any future benefits related to your injury.An experienced attorney will know how to negotiate the best possible settlement and can advise you whether a lump sum settlement is your best option.
Let the team at Jeff Murphy Law assist you and help you obtain a full recovery for your workplace injury. Call us at 813-443-5553 for a free consultation.