Do Job Injury Victims Always Get Workers’ Comp?

Yes, in most cases. Florida has one of the broadest exclusive remedy laws in the country. No-fault workers’ compensation benefits usually include lost wage replacement and medical bill payment. Full benefits are usually available even if a non-work or pre-existing contributed to the risk and/or severity of a job-related illness or injury. However, as outlined below, such an illness or injury doesn’t automatically mean a workers’ comp settlement.

The injury claims process, regardless of whether workers’ comp applies, is very complex. Furthermore, the average attorney-negotiated injury settlement is over three times higher than the average non-attorney-negotiated settlement. For these two reasons alone, a Tampa workers’ compensation lawyer is an invaluable partner when victims sustain job-related injuries or illnesses.

Workers’ Comp Quitters

We know this label is very harsh, but it’s also accurate. Runners who quit early never win. And, in the workers’ compensation game, runners who cross the finish line always receive a valuable prize.

Many job injury victims quit because the initial denial rate is very high. Frequently, Claims Examiners deny claims for technical reasons, such as an insufficient number of medical bills. Regardless of the basis for the denial, when a CE says “no,” many victims believe their claim is weak or meritless.

A Tampa workers’ compensation lawyer is an advocate in every sense of the word. A lawyer works to obtain the aforementioned benefits, and a lawyer is also a cheerleader who encourages victims to persevere instead of abandoning their claims or settling them for pennies on the dollar.

Nonsubscriber Cases

The broad exclusive remedy law requires most employers to purchase and maintain workers’ compensation insurance. But as we all know, not everyone follows the law. Count the number of drivers who ignore that stop sign on the corner and you’ll see what we mean.

Some employers ignore the law and don’t buy workers’ compensation insurance. Like many other states, Florida officials don’t aggressively investigate such fraud matters. Thus, some unscrupulous companies think it’s worth the risk to roll the dice and skirt the law.

Other companies lie to their insurance carriers, mostly about matters that determine risk, such as payroll size and number of employees. When insurance companies uncover these false statements, they generally deny coverage.

If workers’ comp is unavailable in such cases, a Tampa workers’ compensation lawyer can file a civil claim. If the court finds the employer was negligent, additional compensation, such as money for noneconomic losses, is available.

As a bonus, employers cannot use some of the best negligence defenses in these situations. So, it’s easier to prove negligence in court.

Civil Claims

Some victims have the chance to roll the dice as well. But this time, taking the risk is legal and often beneficial.

If the employer intentionally or recklessly caused an injury or illness, many victims can bring claims outside the workers’ compensation system. As mentioned, additional compensation is usually available in civil court.

Generally, companies are reckless if they knowingly send workers to dangerous areas. Sending workers to a construction site that inspectors have cited for safety violations is a good example. Injuries are usually intentional if the employer had an axe to grind against the employee, perhaps because s/he was involved in a unionization effort.

 Count on a Savvy Hillsborough County Lawyer 

Injury victims are entitled to important financial benefits. 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/0440.094.html