The workers’ compensation process provides benefits and monetary settlements for workers injured on-the-job. The process can be complex and confusing for many workers. Many Melbourne employees work for the government or in the defense industry, both of which have layers of bureaucracy which might extend to insurance and the workers’ compensation process. The attorneys at Morgan & Morgan’s Melbourne office have successfully submitted compensation claims regarding injuries in workplace accidents.
If you have been injured while on-the-job, find out how our Melbourne workers’ compensation attorneys can help you. Our attorneys are experienced with many of the tactics employers and insurance companies use to limit or deny benefits you are entitled to under the law. Fill out our free case review to learn how a Melbourne workers’ compensation attorney can help you secure your benefits.
Why You Need an Experienced Workers’ Compensation Attorney
Workers’ compensation is the primary mode of recovery for injuries resulting from workplace accidents. Under workers’ compensation rules, workers are barred from filing lawsuits against their employers for workplace injury claims. It’s very important to make sure you get the most out of your workers’ compensation claim. An experienced workers’ compensation attorney can help ensure that you get the compensation you deserve.
The process can be complicated and an untrained eye can overlook small errors that drastically affect how you are compensated for your work-place injury. Florida adheres to strict deadlines and filing dates for workers’ compensation claims. Missing a deadline or filing paperwork incorrectly could prevent you from recovering anything for your injury. Your attorney can guide you through each step of the claims process by explaining and walking you through each requirement you must meet to successfully recover compensation.
There are many steps to this complicated process and your attorney can help you each step of the way, including:
- Gathering all of the necessary documentation and other important information;
- Locating the necessary medical records; and
- Composing an efficient description of the accident.
There are many steps in the process where having an experienced workers’ compensation attorney is invaluable. The proper processing of your claim may require:
- Interviewing witnesses;
- Communicating with your employer and the insurance company; along with
- Investigating the accident; and
- Collecting evidence.
All of these tasks may be difficult for those unfamiliar with the process. They can be daunting for non-confrontational victims and can be physically taxing due to the injuries sustained while on the job.
Many workers’ compensation claims are settled out-of-court through mediation. Your workers’ compensation attorney will be able to expertly present evidence of your claim to an independent third-party mediator and try and facilitate the best settlement possible. An experienced attorney can also be instrumental if your claim is denied. Your attorney can appeal the decision to the Florida Division of Administrative Hearings, and if necessary, all the way to the Florida First District Court of Appeals.
Who Can Receive Benefits Under Workers’ Compensation?
Most employers in Melbourne, from federal defense contractors and transportation-systems technology companies to beachside restaurants, are required to provide workers’ compensation benefits for their employees. Workers’ compensation benefits are available in any circumstance where a worker has suffered a work-related injury when he or she is injured while:
- On the employer’s premises;
- Carrying out a task for his or her employer’s benefit (even when not present on the employer’s premises); and
- Acting within the scope of his or her employment.
If you were injured on the job, even if it was your fault, you may be eligible to receive workers’ compensation benefits.
Are You An Independent Contractor?
In many cases employers will seek to circumvent the workers’ compensation law requiring they provide benefits to employees by labeling them independent contractors. This is because under the law only employees are eligible to file workers’ compensation claims against the employer.
If you are classified as an independent contractor and therefore not an employee you are not eligible for workers’ compensation even if you are hurt on the job. Our Melbourne workers’ compensation attorneys know how to ensure you are properly classified and receive the benefits to which you are entitled under the law.
Contact a Knowledgeable Melbourne Workers’ Comp Attorney for Help
Our attorneys at Morgan & Morgan understand the difficulty of receiving workers’ compensation benefits and what you have to do to ensure your financial future and a healthy recovery.
If you have been injured on the job, you may be entitled to workers’ compensation benefits. To learn how our Melbourne workers’ compensation attorneys may be able to help, please complete our free case review form today.