Port St. Lucie Workers’ Compensation Lawyer
Hundreds of thousands of injured workers file workers’ compensation claims every year to collect compensation for lost wages and medical expenses they incurred due to a workplace injury. Some of them are lucky enough to complete the entire process with issues. But others are not so fortunate because many employers and their insurance providers try to evade liability for workplace injuries.
Fortunately, you can count on the seasoned Port St. Lucie workers’ compensation lawyer of Rosenthal, Levy, Simon & Sosa to represent injured workers seeking workers’ comp benefits they’re entitled to.
Do I Qualify For Workers’ Compensation Benefits?
To receive workers’ comp benefits, you must be employed by an employer that is legally required to have workers’ comp coverage, and your injury or illness must have occurred in your workplace or while conducting job-related tasks. The Florida workers’ comp law provides a wide variety of circumstances that enable injured workers to qualify for benefits. For example, you may receive benefits if you slipped and fell at work or if you sustained injuries while using faulty equipment.
Likewise, you may qualify for workers’ comp coverage if you did not sustain your injuries at the workplace. For instance, you may be able to collect benefits if your employer asked you to make a delivery and you get into a car accident while you were driving.
It’s also crucial to note that your injuries or illness didn’t need to occur due to a single incident. Usually, workers whose job duties include typing or using equipment for most of the day can sustain repetitive stress injuries, like carpal tunnel syndrome, over time. Furthermore, employees who are regularly exposed to toxic fumes or hazardous substances can develop cancer or respiratory ailments years after exposure.
On the other hand, if you got injured at work because you were drunk, engaging in careless or reckless behavior, under the influence of drugs, or because of a violent act, you will not qualify for workers’ comp benefits.
What Benefits Can I Receive From a Workers’ Compensation Claim?
Once you’ve reported your injury to your employer and they have informed their insurance provider of your case, the insurer will investigate your claim and determine whether they will cover your injury. If your injury qualifies for workers’ comp benefits, the insurer must:
- Provide an authorized doctor.
- Pay for medically necessary treatments and care associated with your workplace illness or injury, including hospitalization, emergency services, hospitalization, doctor visits, medical tests, physical therapy, assistive devices, medications, etc.
- Provide the option of changing doctors within five days of receiving your request.
Wage Replacement Benefits
If you become incapable of working or your earnings are reduced due to your injury, you may qualify for wage replacement benefits. You may qualify for these benefits if you’ve been disabled for more than a week and can’t do your normal work duties as ordered by your treating physician:
- Temporary Total Benefits –You may receive these benefits if you have an illness or injury that temporarily prevents you from going back to work and you’ve not reached maximum medical improvement (MMI).
- Temporary Partial Benefits –You may collect these benefits if you go back to work with specific restrictions and you’ve not reached MMI and are earning less than 80% of your wage before getting injured.
- Permanent Impairment Benefits –You may obtain these benefits if your condition results in physical, functional, or psychological loss and your impairment persists after your MMI date.
- Permanent Total Benefits –You may qualify for these benefits if your condition results in total and permanent disability.
If an employee dies within a year of the accident date or five years of disability, they may receive these death benefits that are payable up to $150,000:
- Compensation for the deceased’s dependents according to law
- Funeral costs up to $7,500
- Educational benefits and training for the surviving spouse
Do I Need a Port St. Lucie Workers’ Compensation Lawyer?
In most cases, determining whether you need a workers’ compensation lawyer will depend on how your employer and their insurer handle your claim. In general, however, you should at least consult with a lawyer if any of the following situations apply to your case:
- You suffered severe or permanent injuries or disabilities. Insurance providers typically fight claims involving such injuries since the compensation for injured claimants is substantial.
- Your employer is insisting that you didn’t get injured on the job. They may insist that your accident didn’t happen at work or that you weren’t on the clock when you hurt yourself. This is especially true for injuries that develop slowly over time.
- Your employer is delaying your claim. Take note that they must process your claim within 30 days of learning about your injury.
- Your employer’s insurance provider denies your claim. In this case, you will need a lawyer to appeal their decision and fight the unfair denial.
In addition, if you feel uneasy dealing with your employer or believe that they don’t have your best interests, don’t hesitate to discuss your claim with our Port St. Lucie workers’ compensation lawyer in a free case review.
Find Out What Our Seasoned Port St. Lucie Workers’ Compensation Lawyer Can Do For You
No one wants or expects to get injured while working. But workplace accidents can and do happen a lot. The last thing you need when you’re struggling with an injury is to worry about how you’re going to pay your medical and household bills. If you suffered an injury or developed an illness at work and are having issues receiving the benefits you’re legally entitled to, get in touch with Rosenthal, Levy, Simon & Sosa right away.
Our Port St. Lucie workers’ compensation lawyer will handle your claim from start to finish and help you better understand how the workers’ compensation system works, including:
- Your eligibility – You may qualify for workers’ comp whether you’re a full-time, part-time, or seasonal worker.
- Your legal rights – You have legal options if your employer fails to file your claim properly or on time, denies your claim, or if a third party injures you at work.
To set up a free consultation with our Port St. Lucie workers’ compensation lawyer, please call 772-249-3776 or complete our online form.