In Florida, most employers are required to carry workers’ compensation coverage. These benefits offer injured workers the opportunity to recover insurance benefits to make up for lost wages and medical expenses. Unfortunately, employers and insurance companies often want to avoid these payments. As a result, the workers’ compensation claims process has become overly complicated, especially for workers who file claims without the assistance of a qualified attorney.
At Morgan & Morgan’s Fort Myers office, our attorneys have extensive experience handling workers’ compensation claims and are familiar with the tactics insurance companies may use to deny you the benefits you deserve. We are committed to helping Florida workers collect the benefits to which they are entitled, ensuring the financial security of both our clients and their families.
We’ve seen great success in workers’ comp cases here, including winning a $2.2 million settlement for a local landscaper who was injured catastrophically in a car accident on the job. Our attorneys may be able to help you as well. If you were injured while working for your employer, you may be eligible for insurance benefits. To learn more about your rights and how a Fort Myers workers’ compensation attorney may be able to help, please complete our free case review form today.
How Our Fort Myers Attorneys Can Help You File a Successful Claim
Our experienced workers’ compensation attorneys can assist you with each of the following steps to help you recover benefits.
Initial Report: Under Florida law, injured workers are required to report their on-the-job injuries to their employers within 30 days of the accident. Our attorneys can help ensure your employer reports your injury to their insurer within 7 days, as required by law.
Medical Evaluation: Your attorney will ensure you undergo an evaluation by a physician of your employer’s choice. Following this evaluation, your attorney may have you undergo a second evaluation performed by a physician of your choice.
Your Benefits Claim: Your attorney will help you to:
- Provide details of your accident (e.g. time, location, weather condition, job being performed)
- Collect witness statements to support your claim
- Analyze medical evaluations for any discrepancies
- Estimate the duration of your injury and its impact on your ability to work in the future
- Construct a claim that best represents why you should receive benefits, and
- Submit your claim to your employer’s insurance company for review.
Evaluation: Your employer’s insurance company will review your claim and determine—based on the severity and expected duration of your injury and your ability to perform your job in the future—the benefits you are entitled to receive.
Appeal: After you receive notice of the benefits you have been awarded, your attorney will help you review the insurer’s decision. If your attorney believes your claim was undervalued, he or she can try to negotiate with the company. If negotiations are unsuccessful, the decision can be appealed to higher authorities.
Fort Myers Workers’ Compensation FAQs
What if my Fort Myers employer does not report my injury to the insurance company?
You can report the injury to the insurer yourself. Contact the Employment Assistance Office for help at 1-800-342-1741.
What is considered a work-related injury?
A worker is said to have suffered a “work-related injury” if he or she is hurt while on the employer’s premises, performing a task for the benefit of his or her employer, or acting within the scope of his or her job duties.
Can I sue my employer after an injury for compensation?
No. Agreeing to receive workers’ compensation benefits waives your right to sue your employer.
Can I sue anyone else?
Yes, in some situations. If your injury is the result of a third party’s negligence, you may have the option of filing a lawsuit to recover compensation not covered by your workers’ comp benefits.
Can I receive Social Security benefits and workers’ compensation at the same time?
Yes, but the amount you receive between the two programs cannot exceed 80% of your average weekly income.
Can I receive unemployment and workers’ compensation at the same time?
No. Unemployment benefits require the worker to be medically able to work.
Can I be fired for filing a workers’ compensation claim?
No. Your employer may not fire you or otherwise retaliate against you for filing a workers’ compensation claim.
Does my employer have to hold my position while I recover?
Florida law does not require employers to hold jobs for injured employees.
If you were injured on the job, you may be entitled to collect workers’ compensation benefits. To discuss your situation with a Fort Myers workers’ compensation attorney, please complete our case review form today. Our Florida office is currently offering consultations to all potential clients, at no cost or obligation.