If you were injured at work in Boca Raton, you may be entitled to workers’ compensation benefits under Florida law. Depending on how and why the injury occurred, you could also have a case against parties who are not your employer, such as negligent contractors, negligent subcontractors, or the manufacturers of defective products. You should talk to an experienced attorney about the accident compensation you may be entitled to pursue. To set up a free legal consultation with our Boca Raton workplace injury attorney, contact us today.
What is Considered a Workplace Injury in Boca Raton?
A work-related injury generally qualifies you for workers’ compensation benefits, provided the injury was unintentional and was not self-inflicted. But what constitutes a “work-related” injury in Boca Raton?
Generally speaking, a job-related injury is an injury that occurs in the course and scope of your employment, meaning an injury that results from or occurs during the performance of your job duties. Examples of workplace injuries that may qualify you for workers’ compensation benefits include, but are not limited to, the following:
- Amputation injuries
- Bone fractures (broken bones)
- Burns, including chemical burns and electrical burns
- Certain auto accident injuries
- Cuts and lacerations
- Dislocated joints
- Electric shock injuries
- Injuries caused by falls from heights
- Loss of a finger, thumb, toe, or limb, or loss of regular function or sensation in any of the above
- Nerve damage
- Slip and fall accident injuries
- Spinal cord injuries (SCIs)
- Torn ligaments
- Traumatic brain injuries (TBIs)
Can I Sue My Employer for a Work Injury?
Florida, like other states, generally prohibits an injured worker from suing his or her employer if the worker is collecting workers’ compensation benefits. This system is thought to alleviate court congestion while helping workers get their benefits faster. The worker may, however, sue a third party, meaning a person or company other than the employer, if that party’s negligence contributed to the worker’s injuries.
In a workers’ compensation claim, there is no need for the worker to prove that the employer was negligent or at fault for the injury. By comparison, a worker must prove that negligence caused his or her injuries when filing a personal injury lawsuit. The drawback is that, in a workers’ compensation case, the worker cannot recover compensation for pain and suffering. Workers’ comp benefits may fall short in the case of a catastrophic injury, making it essential to review your options and strategies with a skilled attorney for work injuries in Boca Raton.
How to Qualify for Workers’ Compensation Benefits in Boca Raton
Workers’ compensation is also called workers’ comp or workman’s comp. Claims are reviewed, though not adjusted, by the Florida Division of Workers’ Compensation.
Under Florida law, businesses with over four employees are generally required to carry workers’ compensation coverage, which provides benefits to employees who are injured in job-related accidents. If you work at a company with five or more employees, and you are accidentally injured while you are performing your job duties, you may qualify for workers’ compensation in Florida.
What Does Workman’s Comp Pay For?
Workers’ compensation provides a range of benefits to eligible workers who have been injured on the job in Boca Raton. If your claim is approved, workers’ comp benefits will generally pay for a portion of your pre-injury earnings, replacing a measure of your income while you are unable to work.
In addition, Boca Raton workers’ comp also provides compensation for reasonable injury treatment, such as medications or surgeries that are part of your doctor’s care plan. The costs of transportation to and from exams or appointments may also be covered. The amount that you qualify to receive, or the length of time you qualify to receive benefits, depends on factors like what you were earning before the accident and how permanently you have been disabled as a result of your injuries.
What to Do If Your Workers’ Comp Claim is Denied in Boca Raton, FL
To receive workers’ compensation benefits, you must notify your employer of the accident so that a claim can be filed. The claim will then be reviewed by your employer and its insurance carrier. Unfortunately, there is no guarantee that the workers’ comp claim will be accepted. If your claim is denied by your employer or your employer’s insurance company, you will not be eligible to receive benefits. For example, the insurance carrier might argue that you should not be covered because the accident was not work-related or was not the cause of your injury.
Fortunately, the denial is not necessarily the final word on your claim. If you feel that your claim was rejected in error, you can take steps to dispute the finding and, potentially, obtain a reversal of the initial decision. If your workers’ compensation claim is denied, you may request a hearing before the Florida Workers’ Compensation Appeals Board, which will give you another opportunity to present your case. It is important to work with an experienced attorney throughout this process, which is subject to complex regulations.
Call Our Boca Raton, FL Work Injury Attorney Today
If you were injured at work in Boca Raton, you could qualify for workers’ compensation benefits, or even have cause to file a lawsuit, such as a product liability lawsuit. Discuss your situation confidentially in a free legal consultation with our experienced Boca Raton work accident lawyer. Contact Accident Attorneys Boca Raton for a free consultation.