Per Florida Statutes § 440.02, the following people can qualify for workers’ compensation in Florida if they suffered a work-related injury:
- Employees of businesses with at least four employees
- Sole proprietors in the construction industry
- Independent contractors in the construction industry
- Agricultural workers, including seasonal workers who work 30 to 45 calendar days
If you or a loved one suffered a work-related injury in Sebring, Florida, our legal team at Dismuke Law wants to help you with your case. We can have a Sebring workers’ compensation lawyer represent you and fight for your right to recover damages through workers’ compensation, potentially more through a lawsuit if necessary. We offer the first consultation for free to explain your legal options and our services.
What Kind of Benefits Can You Get Through Workers’ Compensation in Florida?
In Florida, you are eligible to receive the following benefits through workers’ compensation:
- Coverage for medical treatment: Provided you seek medical care through an approved physician in your employer’s workers’ compensation insurer’s network, you can receive compensation to cover the costs of your doctor’s appointments, surgeries, and overall treatment for your work-related injury.
- Lost wages: Qualifying workers can receive up to two-thirds of their average weekly earnings if their work-related injury or illness prevented them from being able to work. Workers must meet certain eligibility requirements to receive benefits, such as being out of work for 21 days and having a statement by your physician that confirms your medical condition.
- Permanent disability: If your injuries are permanent and are not expected to improve, as evaluated by a doctor, then you may receive permanent disability benefits as compensation. Workers may receive these benefits on top of temporary total disability benefits, which they can receive until they reach 75 years of age or indefinitely if they do not qualify for Social Security disability benefits.
- Vocational rehabilitation: If your work-related injury prevents you from returning to your job position or work industry in general, you may receive vocational rehabilitation services to help you find new work. These services may also involve new education or training for job positions if necessary.
- Death benefits: If a worker does not survive their work-related injury or illness, then the surviving family may receive compensation for loss of financial support and funeral expenses.
If you decide to work with a Sebring workers’ compensation attorney from our firm, our legal team can review your employer’s insurance policy to see what kind of coverage they offer. We can then compare the coverage to your overall damages to determine whether you might need to pursue other legal routes for compensation.
What Injuries Are Not Covered by Workers’ Compensation in Florida?
Workers’ compensation does not cover all types of injuries. For example, the following damages do not receive benefits coverage:
- Mental injuries, including emotional distress (unless you receive a diagnosis for a psychological disorder caused by your work)
- Pain and suffering
- Work-related conditions that cause prejudice or dislike toward another employee
Additionally, if the work injury occurred because an employee was under the influence of drugs or alcohol or due to horseplay at the workplace, they may be denied benefits since the employee violated other aspects of their employment contract. If the employee committed suicide or intentionally caused harm to others at their workplace, this would also disqualify them from workers’ compensation.
For a free legal consultation with a workers’ compensation lawyer serving Sebring, call 863-250-5050
Let a Sebring Workers’ Compensation Lawyer Help You with Your Case
Filing for workers’ compensation can be complex if you are unsure what rights you have and how the process works. By working with a workers’ compensation lawyer in Sebring, Florida you can gain insight into how to navigate the claims process and have someone advocate for your financial recovery.
Our team at Dismuke Law, offers the following services to our clients:
- Reviewing your employers’ workers’ compensation insurance policy
- Preparing paperwork for your claim
- Responding to communications on your behalf, such as phone calls from insurance adjusters
- Attending hearings and other legal appearances on your behalf to petition for compensation
- Organizing efforts to collect evidence for your case, such as getting testimony from medical professionals
- Preparing your case for a lawsuit if you decide to take further legal action
Our team is available for questions if you have them at any point in your case.
You May Qualify to File a Personal Injury Lawsuit to Pursue Additional Damages
Employees cannot sue their employers for work-related injuries. However, if a third party contributed to the accident, they may have legal grounds to file a personal injury lawsuit to recover additional damages they would not recover through traditional workers’ compensation benefits.
For example, if a construction vehicle malfunctioned and caused you to suffer a spinal cord injury, you may qualify to sue the manufacturer of the construction vehicle for its faulty design or build. While your employer would be liable for workers’ compensation since you were injured while working, the manufacturer may be held strictly liable for their faulty product. Through a personal injury lawsuit, you could pursue compensation for:
- Pain and suffering
- Emotional distress
- Reduced earning potential
- Physical disfigurement
- Diminished quality of life
- Out-of-pocket costs, such as having to pay for travel to medical appointments if you could not drive because of your injuries
Our law firm will confirm whether this route is viable for your case.
Sebring Workers’ Compensation Lawyer Near Me 863-250-5050
Keep Track of Key Deadlines for Your Case
If you decide to file for workers’ compensation, Florida sets the following deadline:
- Florida Statutes § 440.19 mandates that you have up to two years after the work-related accident to file for workers’ compensation benefits.
- In some cases, a toll on the statutory deadline may extend it up to one year after the last payment on indemnity benefits.
If you decide to file a personal injury lawsuit, Florida Statutes § 95.11 sets a filing deadline of up to two years from the date of the accident. Wrongful death cases have up to two years from the victim’s death to remain legitimate in court.
Call Dismuke Law Today to Get a Free Case Review
If you or a loved one was injured while working in Sebring, Florida, you may qualify to receive workers’ compensation benefits. Whether you want to file a workers’ compensation claim or a personal injury lawsuit, our workers’ compensation attorneys at Dismuke Law are prepared to help you navigate litigation. We can assign a Sebring workers’ compensation lawyer from our team to your case and guide you through the claims process.
Contact us for a free consultation with a member of our team. We can discuss more about our legal services, including what we can do for you. Let us start fighting for your compensation today.