Workers' Compensation Attorneys
South Florida Workers' Comp Attorneys
In Florida, injuries that qualify for workers’ compensation include traumatic physical injuries, mental injuries, repeated trauma injuries, and occupational diseases. Benefits can include necessary medical treatments, prescription drugs, and rehabilitation. Workers are also entitled to two-thirds of their gross income while they receive workers' compensation.
Delray Beach Workers' Compensation Lawyer
If you are injured on the job then you may be entitled to certain workers' compensation benefits. Insurance companies and employers often use cost-cutting tactics to minimize the benefits and frustrate the process. The Workers' Compensation Attorneys at McLaughlin Morris, P.A. can help you through the process and protect your right to full compensation after an injury that occurs in the workplace.
With offices in Delray Beach and Miami, Florida, we represent clients throughout Palm Beach County, Broward County, and Miami-Dade County, FL, including in West Palm Beach, Boca Raton, Wellington, Boynton Beach and Jupiter.
We help our clients resolve cases arising out of Florida Workers' Compensation Law. We represent clients during all stages of the case including conducting investigation, preparing pleadings, conducting discovery, and presenting evidence and arguments in contested workers' compensation hearings and appeals.
Info Center for Workers' Comp Claims in Palm Beach Area
- Coverage Under Florida's Workers' Compensation Laws
- Statute of Limitations in Workers' Compensation Claims
- Obtaining Benefits under Florida's Workers' Compensation Laws
- Petition for Benefits in a Workers' Compensation Claim
- Additional Resources for Florida Workers' Compensation Claims
- Finding a Workers' Compensation Attorney
Most all workers in Florida are entitled to coverage under Florida's workers' compensation laws. In fact, it is mandatory for all employers in Florida with four or more employees. In the construction field, any employer with at least one employee must carry coverage. Most injuries, diseases, accidents, illnesses and death occurring on the job are covered under Florida's worker's compensation laws.
Employees are not required to prove that their employer was at fault for the injury or illness because the law is based upon a "no fault" system. The only exception to the no fault rule is if the employee's injury was caused by the worker's intoxication from alcohol or a chemical or controlled substance or when the worker willfully intends to harm himself or herself.
Certain statutory provisions apply in these cases including Section 440.192 which sets out the procedures for resolving benefit disputes, Section 440.19 which regulates the procedures for filing claims and the claim resolution process.
Under Florida law, once you are injured on the job or learn of the workers' compensation injury or illness, you only have 30 days to report the injury or illness to your boss or the employer. If you do not report the injury or illness within that timeline then you could jeopardize your workers' compensation claim. Ideally, the incident should be reported immediately. Information reporters should be what caused the injury, a description of the injury, any witnesses to the incident and other details.
The term "statute of limitations" means the two year deadline that exists to file a claim for benefits under Florida's Workers' Compensation laws. Even if you file within the two year statute of limitations, if you failed to report the injury or illness within 30 days of when it occurred, that failure may act as a defense that defeats your claim.
A one year deadline also applies for your eligibility for benefits from the last date you received a wage replacement check or approved medical treatment.
After the injury has been reported to the employer, the employee will seek treatment from an approved and authorized doctor. The treating doctor has tremendous influence over the amount of benefits that should be awarded. The injured worker must submit an independent insurance medical examination (IME). The purpose behind the IME is to provide a diagnosis and recommend an appropriate course of treatment.
The insurance company may deny the claim by contesting one of the following:
- That the injury occurred in the work place;
- That the employee misrepresented the injury or otherwise committed fraud; and
- Claims that the worker had a preexisting condition that caused the injury instead of a workplace accident.
After the employer or its insurance company denies the claim, the injured worker can file a petition with the Division of Administrative Hearings (DOAH). A case number and judge will be assigned. A hearing will be schedule within 40 days. At the hearing, both sides are permitted to present evidence and testimony. The judge issues the opinion within 30 days.
Your attorney can help with judicial procedures for obtaining workers' compensation benefits when those benefits have not been provided by your employers or your employer's insurance carrier. The Petition for Benefits form is filed with the Office of Judges of Compensation Claims.
Florida Office of the Judges of Compensation Claims - Jeff Atwater is the Chief Financial Officer of the Florida Division of Financial Services who oversees the Division of Workers' Compensation Division. The Employee Assistance Office (EAO) of this division, helps prevent and resolve disputes between injured workers, employers and carriers.
Employee Assistance Office (EAO) - Although the EAO does not provide legal advice, its specialists can answer questions about your rights and responsibilities and may be able to resolve problems with a workers’ compensation claim. This agency was created under Section 440.19 to inform and assist injured workers and employers. insurance carriers, and health care providers in asserting their rights and following their responsibilities under the law.
After an on the job injury, contact a workers' compensation lawyer at McLaughlin Morris, P.A. to help you through the process and protect your right to full compensation. Our offices are located in Delray Beach and Miami, Florida. We represent clients throughout Palm Beach County, Broward County, and Miami-Dade County, FL, on workers' compensation claims.