Do I Need a Florida Workers’ Compensation Lawyer?

A job injury victim might be wondering whether you need a workers’ compensation lawyer. Truthfully, some job injury victims don’t need legal representation. But these cases are few and far between. Typically, an experienced attorney usually changes the outcome of a claim for the better. Understanding when legal help is necessary can protect your rights and ensure you receive the benefits you deserve.

Florida’s workers’ compensation system provides benefits like medical care and lost wage replacement to employees injured while performing job-related duties. In straightforward cases (minor injury, immediate employer acceptance, and prompt benefit payment), you may not need a lawyer. However, not all claims go smoothly, and that’s where legal guidance becomes essential.

A Tampa workers’ compensation attorney gathers documentation, files appeals, and represents you in hearings to fight for your benefits.

Minor Injury

For purposes of this post, a “minor injury” is one that causes the victim to miss less than seven days of work.

Florida law imposes a seven-day benefits waiting period on job injury victims. If the illness or injury causes the victim to miss more than twenty-one work days, those waiting period benefits are retroactively available.

So, even if these victims partner with Tampa workers’ compensation lawyers, they’re legally ineligible for job injury benefits.

However, some exceptions exist in some cases. Rushed medical clearance is a good example. In Florida, most job injury victims must see company doctors. Frequently, the team doctor prematurely puts injured players back in the game. Additionally, even a “minor” injury sometimes has long-term adverse effects.

If you sustained a minor injury and you feel like you’re not ready to go back to work, for whatever reason, consulting a lawyer is probably a good idea.

Immediate Employer Acceptance

Workers’ compensation is no-fault insurance that covers job-related injuries and illnesses. Although employers cannot contest fault, several defenses are available.

One such defense is the pre-existing condition rule. If a pre-existing condition, such as a prior injury or illness, increases the risk and/or severity of a job-related injury or illness,, many employers claim the job injury or illness aggravated the pre-existing condition, and coverage is therefore unavailable.

Full benefits are available in these cases if a Tampa workers’ compensation lawyer proves the opposite is true (the job injury aggravated the pre-existing condition). Frequently, attorneys partner with independent doctors who review files and provide the necessary evidence.

The not-work-related rule is very similar in most ways. For example, if Ben is a heavy metal drummer on the weekends, if he experiences work-related hearing loss, his employer may claim that illness isn’t work related.

Prompt Benefit Payment

Benefits disputes, such as inadequate medical treatment, delayed payments, or average weekly wage miscalculation, always merit legal involvement. Almost every workers’ compensation claim involves one or more of these three disputes.

As mentioned, job injury victims must see company doctors who don’t always have their patients’ best interests at heart. These victims are legally entitled to second opinions. Furthermore, many insurance companies use various excuses to delay payments. The reason is simple. The longer the insurance company holds onto this money, the more interest it earns.

AWW miscalculation is almost par for the course in Florida. The AWW is not the same thing as average net pay. The AWW includes regular and irregular cash and non-cash compensation.

On a related note, if your employer fires you, demotes you, or otherwise retaliates against you, immediately seek legal assistance. Retaliation is illegal, and a lawyer can help protect your rights and potentially pursue additional claims.

Connect With a Hard-Working Hillsborough County Attorney

Disability victims need and deserve substantial compensation. For a confidential consultation with an experienced workers’ compensation lawyer in Tampa, contact Kobal Law. We routinely handle matters throughout the Sunshine State.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.09.html