When an employee experiences a work-related injury or illness, they are often unaware of their rights under the law. All states, including Florida, have workers’ compensation requirements set out in their state’s statutes, but all of these programs are different. It can be challenging for an injured worker to know what kind of compensation they can expect for their illness or injury.
Having a qualified workers’ compensation attorney goes a long way toward satisfying an injured employee’s need to know their rights and what they are due to receive from their employer through their insurance company. Kevin A. Moore has over 25 years of experience representing injured workers in workers’ compensation claims, and his firm only handles workers’ compensation cases. With this experience in mind, Kevin A. Moore explains the process of qualifying for workers’ compensation and how an experienced attorney can help with the often-difficult legal issues that may arise.
Claiming Workers’ Compensation
In Florida a worker needs to report their injury to the employer within 30 days of the accident. Notifying the employer as soon as possible will ensure that the process can provide positive results for the injured worker in a timely fashion.
A key to ensuring that a worker will receive proper compensation is good record-keeping. An injured or ill worker should make sure to take detailed notes about the injury, about the claims or promises made by the employer, and about all interactions with the workers’ compensation insurance company. Attorney Kevin A. Moore recommends that the injured worker notify the employer verbally of the injury and accident, but also in writing. Email or text to your supervisor about the accident will provide you with proof you timely informed your employer of the accident and your injuries.
The Initial Doctor’s Visit
Injured employees may be surprised to learn that they cannot see their own doctor for the diagnosis and treatment of workers’ compensation-related injuries. They must see a doctor designated by their employer or by the workers’ compensation insurance company.
This could present a problem, since the doctor hired by the employer may have their best interest in mind rather than the employee’s. A qualified workers’ compensation attorney may be able to help in this case. When you see any doctor make sure you put in writing all of your injuries and request a copy of your medical records before you leave the doctor’s office.
Payment Structure
In Florida, the payment for temporary partial disability is determined by calculating the difference between the sum of 80 percent of the employee’s average weekly wage and the compensation that they are able to earn after they are injured. The weekly payment must not exceed 66 ⅔ percent of the worker’s average weekly wage earned before the injury. (FLA. STAT. § 440.15(4) 2019)
For an injured worker to receive Temporary Total Disability, the employee must be considered completely unable to work for a certain period of time. The amount that workers can expect in their temporary disability checks is 66 ⅔ percent of their average weekly wage before the injury.
While employees are earning workers’ compensation, they are not required to pay income tax on the benefits. This can be an advantage for injured workers. If an employee needs help determining what they should put on their tax forms, they should consult a tax attorney or accountant.
Know Your Legal Rights
In most cases, recipients of workers’ compensation benefits are not eligible to sue their employers for their injuries. There are limited exceptions to this law, which attorney Kevin A. Moore can discuss with you in further detail. The case cannot be given to a workers’ compensation Judge until the Petition for Benefits has been filed and the issues have been mediated by a neutral third party. Most cases can be resolved without a trial, but employees should be ready to go to court if they have not been able to resolve their problems. A qualified workers’ compensation attorney like The Law Firm of Kevin A. Moore can help injured workers discover whether they are entitled to sue their employers or the insurance company to secure additional benefits.
If your injury was caused by a third party like an automobile accident or and equipment manufacturer, they may be able to be sued. If the worker wins, however, part of their compensation may be owed back to the workers’ compensation insurance company as a reimbursement of the expenses incurred after the original injury.
The Importance of an Attorney
Workers’ compensation is a complex area of the law with many gray areas. Rather than trying to navigate these difficult waters, an injured employee may be better off engaging the services of a workers’ compensation attorney. They will be able to perform due diligence to help the employee receive as much compensation as they are due under the law.
Making sure that every employee has their legal rights preserved is important to attorney Kevin A. Moore.
