Workers’ Compensation

Serving Daytona, Deltona and Palm Coast

(updated 2/23/2017)

Workers compensation insurance (“workers comp”) is an insurance plan that employers must carry in case their employees are injured on the job. If a company is benefiting from the work of their employees, then the company should take responsibility for injuries employees suffer while working. Though employers almost never intend to injure their staff, workplace injuries are fairly common. 

Because treatment can be expensive, companies and their insurance agents may try to get out of paying benefits by playing down the extent of an injury. An attorney familiar with filing workers comp claims can make sure you get your full amount of benefits to fairly cover your injury.

What Constitutes a “Work Injury”

Basically, any injury you have suffered during job related duties is covered under your company’s workers compensation insurance. Your injury may have happened in an instant, as in a fall; or, it may have occurred over a period of years, as in an injury from repetitive motion or disease that develops with continuous exposure.

It may also occur at an off-site location, as long as you were on a job related mission; this would include injuries suffered while traveling for work. And because Florida workers comp is a no fault system, it does not matter who caused the injury. So, if you were driving a company vehicle and caused a wreck, you may still be covered under your employer’s insurance.

Some common work injuries include:

  • Back injuries from heavy lifting
  • Shoulder and other joint damage from repetitive motion
  • Respiratory disease – mesothelioma (asbestos), stachybotrys (mold)
  • Head, brain, or spinal cord injuries
  • Construction accidents
  • Chemical Burns
  • Hearing damage
  • Car wrecks

 Most workers in Florida are covered by workers comp for their job related injuries. Some industries are different, but generally companies with 4 or more employees are required to carry it. Again, all injuries on the job are covered no matter whose fault, unless drugs or alcohol contributed or the employee intended to hurt himself.

Making a Workers Compensation Claim

The first step after realizing you have suffered a work related injury is to report it to your supervisor. You should always report accidents immediately in order to protect your right for coverage. Under Florida law you cannot be fired for reporting an injury, so don’t hesitate to go to your boss. In fact if you do not inform your work and/or their insurance company within 30 days of the accident, you may not get coverage at all.

You may be left to rely on your own health insurance for coverage, and you may not be able to get any compensation for time out of work.You have two years from when your employer received information about your injury in which to file a workers compensation claim. Understand that by accepting these benefits you are giving up some rights. Once you have recovered under workers comp you will no longer be able to sue your employer for their negligence in causing your injury.

Thus, it is important to talk to a lawyer with plenty of time for him to examine the facts of your case and proceed with the best action. You can call us at (386) 777-7777 or fill out our online contact form below for a free case evaluation. Get the compensation you deserve.

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Vasilaros Wagner is proud to offer legal support for both English and Spanish speaking clients. Vasilaros Wagner de abogados puede acomodar clientes que hablen Inglés e Español. 386.777.7777
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