Workers' Compensation
Most people are familiar with the workers’ compensation system and what it provides. However, what you do not hear about is how many eligible workers get turned down for workers’ compensation benefits without just cause.
When an employee is injured on the job or performing job duties, he assumes he is protected and will receive compensation for lost wages and medical costs in the event of an injury. When an employee suffers fatal injuries, his or her family should be able to collect a number of benefits. However, this is not always the case. Employers or insurance companies may deny benefits or be unwilling to pay out immediately in order to save money. In addition, Florida law does not require your employer to hold your position for you until you return, if you have been injured on the job.
Unfortunately, many of the injured workers turned down for workers’ compensation benefits are often denied benefits two or three times before getting the compensation they deserve. At Chalik & Chalik, we believe every injured worker has rights to collect workers’ compensation. We will do everything we can to help you and your family cut through the red tape and get the money you need from workers’ compensation right away.
Once you have recognized that you need help with your workers’ compensation claim, the next step is selecting an attorney to help you through the process. At Chalik & Chalik Law Offices, our level of experience is such that we have seen a great variety of situations relating to workers’ compensation and helped many people receive the benefits they are entitled.
If you have been injured on the job, you should:
- Get medical attention if there is an emergency.
- Report your injury as soon as possible by giving written notice to your supervisor or someone in a supervisory position. Failure to promptly give notice to your employer may affect your right to benefits. Your employer is not responsible for paying the medical treatment or wages until you give notice of the accident or disease.
- If you work for a subcontractor, you should promptly give written notice of your accident or occupational disease to your direct employer and the general contractor.
- Report all accidents even if the injury seems minor. A small injury can develop into a serious problem.
In ordered to be covered under the terms of Florida’s workers’ compensation statutes, an accident must occur at work, or during a work related function; the accident must be caused by a specific work activity, and the accident must happen suddenly at a specific time. Injuries incurred gradually or from repetitive stress or traumas are not covered. An occupational disease will be covered if it is caused by the work, and is not a disease of the back, neck, or spinal column.
The types of benefits available to claimants include payment for all medical treatment (prescriptions, supplies, equipment, hospital costs, doctor bills) and a portion of your weekly wages. Benefits for lost wages will vary depending on whether your injury is considered a temporary total disability or a permanent disability.
Some of the issues associated with workers’ compensation claim include:
- Your employer can deny workers’ compensation claims.
- Employers can stop paying benefits.
- Employer fraud, which can cause workers to be cheated out of part of all of their workers’ compensation claims.
- Limitations to workers’ compensation laws and misunderstandings about what they mean.
An attorney representing your interests will help you deal with these issues as well as many others, including returning to work and how your claim is impacted by pension benefits and unemployment compensation.
Stand up for your rights in the workplace. If you have been treated unfairly or suffered injury as a result of your job, you may be entitled to compensation. Contact a Florida workers’ compensation lawyer at Chalik & Chalik Law Offices to discuss your case.
