Florida Workers’ Compensation FAQ
What Do I Have to Prove to Have a Worker’s Compensation Claim?
You do not have to prove your employer was negligent or caused the accident/injury. Sometimes even when an accident is your fault, it is still a valid claim. The basic elements are that you sustained injuries from an accident that occurred while at work. You must report the accident within 30 days.
What Can My Lawyer Help Me Get While on Worker’s Comp?
- Medical Care
- Lost Wages
How Much Does a Work Comp Lawyer Cost?
NOTHING comes out of your pocket at the time you hire your attorney. The consultation is fee! We work on a contingency fee basis meaning, we get paid based on how much money we get for you. If you don’t recover any money, we get nothing.
How Much is My Case Worth?
There are three ways to determine the amount of a case:
- The severity of your injuries
- The costs involved in your treatment
- How much it’s going to cost in the future for lost wages and medical care.
How Do “Lost Wages” Work?
You’ss usually receive checks every other week at about 66% of your average weekly wage while you’re out, depending on the doctor’s opinion regarding your status.
You may be:
- Prohibited from working altogether
- Reduced to limited hours per week
- Allowed to work, with restrictions
- Released to light duty
Can I Go to My Own Doctor?
Normally, your employer’s insurance carrier gets to decide which doctors you see and when. But sometimes, if your employer doesn’t provide you medical care as required by law, we can help you go to your own doctor.
Can I Switch Doctors?
You’re allowed a one-time doctor change in your case. We’ll request a new doctor for you in writing; then the insurance company has five days to select your new doctor. Otherwise, you can choose your own doctor.
Can My Lawyer Get Me an Advance on My Case?
Yes, in many cases we can get the work comp carrier to advance you $2,000 on your anticipated settlement immediately.
What if I Am Unable to Work in My Field Again?
Depending on your injuries, we may be able to get you retraining. If so, you could get paid 66% of your average weekly wages while attending retraining classes.
What Happens if I Quit My Job While on Worker’s Comp?
This will likely have an adverse effect on your case as they will most likely suspend future lost wages and benefits and more. Before quitting, consult with an attorney.
Can I Get Fired While on Workers’ Comp?
Florida is an “at will” hire and fire state. The employer can still fire you at will while you’re on workers’ comp. But, your employer may be liable for wrongful termination if you were fired in retaliation for filing your worker’s comp claim.
Can I Also Have a Civil Case at the Same Time as Worker’s Comp?
You can if a third party caused the accident such as a car accident that happened while at work. If you feel you are in a situation such as this, please contact us immediately because these cases can be extremely valuable and provide you with more options with regards to your compensation.
Can I Get Social Security Disability While on Workers’ Comp?
Yes you can, Please call us today so we can start the process.
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