On Behalf of Rosenthal, Levy, Simon & Sosa | March 14, 2024 | Workers' Compensation
As of February 2023, Lowe’s had approximately 182,000 full-time employees and 125,000 part-time employees. All companies conducting business in Florida are required to carry workers’ compensation for employees.
If you are a Lowe’s employee who was injured on the job, you need to report your injury to your employer as soon as you can to claim benefits. If you wait too long, your claim may be denied.
The attorneys at Rosenthal, Levy, Simon & Sosa are here to discuss the risks of being a Lowe’s employee and workers’ compensation benefits that may be available to you.
Risks Facing Lowe’s Employees
Lowe’s home improvement stores are just one of many companies that operate out of massive warehouses. Warehouse workers sustain injuries due to several reasons, including slips and falls, falling objects, and musculoskeletal issues from repeatedly reaching overhead and bending.
Lowe’s warehouse workers also face a risk of heat stroke, which may cause disorientation and confusion. Since workers must unload pallets at such a fast pace, these employees can easily become overheated. This is especially dangerous during the summer months, with most warehouses not containing air conditioning or cooling systems.
While heat stroke left untreated can prove fatal, the long-term effects of heat stroke cannot be taken for granted. Heat stroke victims are more likely to develop heart and kidney conditions in later life.
Workers’ Compensation Benefits
Let us take a close look at the benefits included in Workers’ Compensation.
Medical Expenses
Workers’ compensation will cover any necessary medical care, treatment, and prescriptions associated with your work injury. You will not have to pay any medical bills; rather, these bills will be submitted by your physician to the insurance company for payment.
Be aware that the insurance carrier will have a list of pre-approved doctors that you are allowed to see. If you want your visit to be covered, you need to see a physician on this list. You are only allowed to switch doctors one time, and once you make the switch, you are not allowed to switch back.
Lost Wages
Workers’ compensation usually covers 66 2/3% of your average weekly wage (AWW). Compensation will not kick in immediately since Florida workers’ compensation does not normally pay for the first seven (7) days that you are out.
Am I Eligible for Workers’ Compensation Working for Lowe’s?
Most people who work for Lowe’s are employees, meaning that they are eligible to receive workers’ compensation. However, Lowe’s does hire independent contractors as part of the Lowe’s Installation Program. These independent contractors would not be entitled to the same insurance benefits.
Why Should I Hire a Workers’ Compensation Lawyer?
A workers’ compensation attorney can help ensure that you are receiving the full extent of workers’ compensation benefits. Additionally, if your claim has been rejected, an attorney can assist in resubmitting your claim.
Contact a Florida Workers’ Compensation Attorney Today
Our firm has been helping those injured on the job for nearly 40 years. When you hire a workers’ compensation attorney at Rosenthal, Levy, Simon & Sosa, you are hiring a legal advocate who is willing to speak on your behalf. Contact us online or by calling 561-478-2500 to schedule your free consultation.
On Behalf of Rosenthal, Levy, Simon & Sosa | March 5, 2024 | Workers' Compensation
In 2023, 12.7% of full-time employees worked entirely remotely, with 28.2% working in a hybrid form. Employees who work from home are still entitled to the same benefits as those who work on-site, although getting compensated may prove more challenging.
If you have been injured while working virtually, our Florida workers’ compensation attorneys are here to protect your rights.
What is Workers’ Compensation?
Workers’ compensation is employer-provided insurance that offers benefits to workers who are injured on the job. Workers’ compensation reimburses employees for lost wages and medical expenses. Workers are compensated regardless of whether they were partly at fault for the accident.
Florida law requires most employers to carry workers’ compensation insurance. Workers’ compensation protects employers from a personal injury lawsuit while giving employees a steady income during a time of hardship.
Am I Eligible for Workers’ Compensation if I Work from Home?
To qualify for workers’ compensation benefits, you must prove that you were working within the scope of your employment. Florida Statute §440.09 states that for a worker to receive benefits, your injury, the occupational cause, and any resulting disabilities must be directly connected to your work accident.
For anyone who is working at home, you must show that you were performing routine job duties when you were injured. Even though Florida law does not have a location requirement for a worker to collect benefits, you must demonstrate that the injury was tied to performing professional tasks.
Injury Rate for Remote Workers
Those who work from home are more likely to work longer hours than those who are working at the office. Since an employee who works beyond an 8-hour workday will be carrying out more repetitive motions, the individual is likely to suffer an injury.
Exhausted remote workers are more likely to develop poor posture, which they may maintain for prolonged periods, so much so that a 2020 study showed that 41% of Americans felt increased shoulder, back, and wrist pain after beginning to work from home at the start of the pandemic.
Sedgwick CMS versus Valcourt-Williams
In this landmark case, Ms. Valcourt-Williams tripped over her dog one day while working from home. Although the Judge of Compensation Claims approved her workers’ compensation claim, the Florida District Court of Appeals denied it.
The court ruled that the risk of tripping over her dog existed whether she was on or off duty. The court’s ruling governs future cases, requiring plaintiffs to show that a certain injury risk increases while “on the clock.”
Injured While Working Remotely? Consult with a Florida Workers’ Compensation Attorney Today
The traditional work model has transformed. Though employees who work from home are covered under workers’ compensation insurance, there may be “hoops” to jump through to access the same benefits as employees who go into the office.
If you have been injured while working from home, we want to hear from you. Contact us to schedule a free consultation with a West Palm Beach workers’ compensation attorney.