According to the Florida Statutes § 440.02, people have a right to receive workers’ compensation if they were injured or developed an illness as a result of work hazards. The statute further explains that all accidental injuries and occupational diseases arising out of and in the course and scope of employment are covered, meaning you may receive workers’ compensation benefits whether you suffered a traumatic brain injury (TBI) or sprained ankle.
If you or a loved one was a victim of a work-related injury or illness in Plant City, Florida, our legal team at Dismuke Law wants to represent you. We can have a Plant City workers’ compensation lawyer from our firm manage your case and organize legal efforts to help you build your claim. We offer the first consultation for free to review your case and go over possible legal routes to your potential financial recovery.
What Type of Benefits Can You Get Through Workers’ Compensation?
Workers’ compensation laws in Florida allow employees who have occupational injuries or illnesses to claim the following types of benefits:
- Medical treatment expenses: This includes costs for doctor’s appointments, surgeries, physical therapy, other rehabilitative services, and emergency care, among other forms of medical care services. This can also apply to prescription medication and medical aid equipment (e.g., wheelchairs) costs.
- Temporary disability benefits: If your occupational injuries or illness prevent you from working, you may receive up to two-thirds of your average weekly earnings to cover lost wages. When you receive these benefits may vary on your employer’s insurance policy and how long you were out of work, which we can review to confirm.
- Permanent disability benefits: If an approved physician deems you permanently disabled, as in your maximum medical improvement (MMI) will not go beyond your disability, you may receive permanent disability benefits until you are 75 years old or until you die if you do not qualify for Social Security benefits. How much you receive in disability benefits will depend on your disability. However, you may be able to receive temporary disability benefits and permanent disability benefits simultaneously.
- Vocational rehabilitation services: If you require assistance to find new work in a different industry that can accommodate your disability, your employer’s insurer may refer you to a vocational rehabilitation expert. You may also receive new training and education if necessary to change careers.
- Death benefits: Workers who do not survive their occupational injuries and illnesses can leave surviving families in distress. If you are a surviving spouse or child, you may claim death benefits on behalf of your loved one and receive a portion of their average weekly earnings to cover your losses.
Certain Damages Are Not Covered by Workers’ Compensation in Florida
In Florida, workers’ compensation benefits do not include:
- Pain and suffering
- Emotional distress
- Work-related conditions that cause employees to develop fear, prejudice, or dislike toward other employees
Also, while workers do not have to prove negligence to receive workers’ compensation, they may be denied benefits if the cause of their injuries was a result of being intoxicated or committing horseplay while at work instead of performing their standard job duties.
For a free legal consultation with a workers’ compensation lawyer serving Plant City, call 863-250-5050
A Workers’ Compensation Lawyer Can Build Your Claim
Hiring a Plant City workers’ compensation lawyer from Dismuke Law can relieve you of several legal burdens. Our team knows what should be included in your workers’ compensation claim as well as common errors many people commit when filing for compensation.
As our client, our team can provide you with the following services:
- Reviewing your employer’s workers’ compensation insurance policy to confirm how much coverage you may recover.
- Gathering evidence to support your claim, which may include medical expert testimony, disability examinations, and lab testing.
- Handling all communications with involved parties to ensure your case remains protected, meaning you can refer inquiring parties to our law firm to speak on your behalf.
- Appearing as your legal representative throughout the claims and litigation process, whether in negotiation meetings to settle your case or on the courtroom floor.
- Providing legal counsel on various decisions throughout your case while remaining respectful toward how you want to navigate litigation.
- Filing your case within the legal timeframe set for workers’ compensation cases in Florida, which is two years from the date of the incident (Florida Statutes § 440.19).
If you would like to learn more about our legal services, a member of our team is ready to speak with you.
Plant City Workers’ Compensation Lawyer Near Me 863-250-5050
Consider Filing Workers’ Compensation and an Injury Claim
Workers’ compensation laws prevent employees from suing their employers for their financial recovery, which can protect employers from going bankrupt after an employee suffers from an occupational injury or illness. However, in many cases, workers’ compensation might not be enough coverage if the victim has more damages beyond what the policy allows.
It may be in your interest to file a personal injury claim if another party may be held liable for your injuries. For example, if your work-related injury was a result of a machinery equipment malfunction, you may sue the manufacturer to recover some of your damages. In doing so:
- You can pursue financial compensation for damages not covered in your employer’s workers’ compensation insurance policy.
- You would have a longer filing window period to build your case, as Florida allows plaintiffs to file personal injury cases up to two years from the date of their injury accident (Florida Statutes § 95.11).
- You would be able to collect both workers’ compensation and the settlement award simultaneously, which can help you cover immediate medical or living costs.
Our team can explain further whether pursuing a personal injury case is viable for you.
Click to contact our Plant City Personal Injury Lawyers today
Ask Dave About Hiring One of Our Workers’ Compensation Attorneys
If you or a loved one suffered a work-related injury or developed an illness as a result of hazardous working conditions in Plant City, you may qualify to file a workers’ compensation claim through your employer. A Plant City workers’ compensation lawyer from Dismuke Law can manage your case and represent you throughout the claims process. If potentially beneficial, our team may also build you a personal injury claim and follow that legal course.
Whenever you want legal advice for your workers’ compensation benefits, you can always ask Dave. Contact Dismuke Law today for a free case evaluation.
Call or text 863-250-5050 or complete a Free Case Evaluation form