Have You Been Injured In the Workplace?
Workers’ Compensation Law
It is an unfortunate fact that many workers in the North Florida, South Georgia region will
be come injured, disabled, or even die in work related incidents. The Florida Workers’
Compensation system was established to help injured employees and their families. If
you experience a workplace accident, or one that happened outside of the office but during
work hours, the first thing you must do is get the immediate medical attention you need. At
the same time or as soon as possible, you need to notify your employer of the accident.
Florida Workers’ Compensation Overview
Under Florida's workers' compensation laws, an injured worker is generally entitled to
one of two types of work compensation benefits.
First, the injured worker can seek the recovery of payments for medically necessary
remedial treatments, general care and attendance to include prescribed medications and
any medical devices ordered by the work-comp doctor.
The second category of workers' compensation benefits includes payment of money and
indemnity benefits for reparation of a work-related disability. Payments for workers'
compensation benefits do not include compensation for the victim's pain and suffering,
loss of enjoyment of life, or similar personal damages.
Acting in a timely manner to report all injuries sustained in a work accident is very
important when seeking recovery for medical expenses, on-going coverage, or disability
benefits. A workers' compensation claim must be filed within two years from the date of
the employee's accidental injuries and one year from the date of the injured worker's last
payment for authorized medical treatments. If an injured worker obtains a lump-sum
settlement, the worker then assumes responsibility for all future medical expenses
related to his or her job-related accident or illness.
Why Should I Consult an Experienced Workers'
At the Law Office of L. Jack Gibney, our initial consultation concerns itself with getting
workers' compensation based on the injury or illness you suffered on the job and your
work situation. According to Florida state law, most employees will be qualified for
workers' compensation but there are exceptions. We can quickly determine if you
have a valid claim for compensation and what your benefits should be. Once your
eligibility is confirmed, there are many rules to be adhered to and forms to correctly fill
out in order to successfully file your claim.
Time limits have been established which govern the reporting of an injury to your
employer and to the proper filing of your claim. Additionally, your employer is required
to report the accident to the insurance company within a specified period of time.
Certain medical documentation will need to be made part of your claim and specific
forms are to be used if permanent disability is being claimed. Workers' comp benefits
are routinely denied and by using a skilled attorney, the usual errors that cause
claims to be turned back can be avoided. This may speed up the time it takes to get
the benefits you need and deserve.
If you are injured on the job, it is imperative that you take steps to protect your future.
Considering the complex nature of Workers' Compensation claims, it's best to
consult an attorney as soon as possible after your injury, even if you completely trust
Workers' Compensation is a tricky subject, legally speaking. It is based on laws that
were passed to protect employees in the event of a sidelining injury that causes
physical trauma and renders them unable to work. While virtually every employer
carries this insurance, it is full of pitfalls and caveats that most employers and
insurance adjusters exploit to their advantage—and your disadvantage.
Several things could affect the outcome of your case if you try to handle them without
experienced legal counsel. For example, if your employer's insurance carrier insists
you be evaluated by their doctor, are you allowed to decline? What kinds of benefits
are you entitled to during your recovery? What happens if your injury is long-term and
you need ongoing treatment? Can your employer look for an excuse to fire you? What
if you are unable to return to work at all? Are you legally entitled to some benefits that
the work comp adjuster may fail to offer to you?
Learn more about how a Workers’ Compensation Attorney can help you.
Common Workers' Comp Injuries
Construction site accidents, slip and fall injuries, broken bones, burn injuries, and many
others are just some of the types of workers' comp accidents that can have disastrous
consequences. Injuries to the brain or spinal cord can wholly change the course of a
person's life. Don't let this happen to you or a loved one, get a team on your side that has
just one goal - that you obtain the full workers' compensation benefits to which you are
entitled. You are entitled to workers' compensation for any injury sustained in the course
of doing your job, including occupational diseases.
Learn more about common claims.
Florida Workers' Compensation Benefits
When you receive Workers' Compensation benefits in the State of Florida, you may be
- Free medical care from an approved doctor. If are you unsatisfied with the doctor,
you are entitled to a one-time change of choice of doctor.
- Lost wages for the period of time during which you are unable to work.
- Attendant care, should you need assistance with activities such as bathing,
grooming, and cleaning.
- Compensation for any remaining permanent injury once you have reached
maximum medical recovery.
- A personal injury claim including Florida no-fault insurance benefits if your injury at
work was caused by someone other than your employer.
- A products liability claim if your injury was caused by faulty equipment, such as
equipment that was improperly manufactured or improperly designed.
- We may also be able to help you get benefits reinstated if they have stopped.
The depth of our experience defending employers against claims brought by employees
and other workers based on workers' compensation, personal injury, defamation,
discrimination, terminations and other state and federal laws is extensive. We know how
to work with carriers, claims administrators and employers when you are faced with these
actions. Call the Law Office of L. Jack Gibney today to discuss how we can help you file a
Learn more about the types of compensation available.
What if your claim is denied?
Commonly, valid claims are denied because they were not filed in time, they did not
have the medical information needed to prove a disability, or because other paperwork
was not fully complete. We take pride in being able to prevent these mistakes so that
your benefits can get started. At times, no matter the preparation that is done, a claim
will be denied. We help resolve denied claims, ensuring the needed petition is
complete and filed in a timely manner. Mediation conferences and hearings are part of
the procedure in a claim appeal and we can represent you and your interests at these
important meetings. Filing your claim is important to us and your success is our victory
Learn more about the how to appeal if your claim is denied.
Financial Compensation for Injured Workers
The Law Office of L. Jack Gibney addresses all workers' compensation situations from
filing your complaint, to seeking to favorably resolve a denied claim, through to seeing
that your payments are made on time and in full. Once your claim has been approved,
there may be many questions you may have regarding the compensation you are owed.
Using a knowledgeable Workers'' Compensation lawyer not only increases the
likelihood of getting your claim approved and payments started, but any questions that
you have along the way can be clearly and factually answered.
As part of your workers' compensation benefits, medical expenses you incur related to
your injury will be paid. These payments are inclusive of hospital stays, medical
treatment, prescriptions and even your mileage to get back and forth to the doctor. In
most cases, you are additionally entitled to 66 2/3 of your average weekly wage, not to
exceed the state limit. Compensation for permanent total disability or loss of a limb or
eyesight is figured at a different rate.
Learn more about the monetary benefits.
Learn more about the medical benefits.
Workers’ Compensation Benefits and Third Party Negligence
In addition to the compensation, a workplace injury victim may be entitled to under
workers’ compensation laws and Social Security disability, an additional negligence
action may be taken against a negligent third party. The injured worker may be eligible
to collect damages if he/she can prove that the third party in any way caused the
accident. Employees injured by negligence may do one of the following:
- Victims may elect to file a claim for workers’ compensation
- Victims may file a civil suit against the third party for negligence
- Victims may elect to pursue both actions simultaneously
If, for example, you are injured as a result of a defective product, you would be eligible
for workers’ compensation benefits from your employer’s insurance company.
However, workers’ compensation doesn’t cover everything. It does not compensate
you for pain and suffering, for disfigurement, or wage loss beyond the limits of
workers’ compensation. You may file a personal injury lawsuit against the product’s
manufacturer to recover additional damages.
Learn more about third party negligence.
Normally, you will not be paid for the first 7 days of your disability. If your disability lasts
longer than 21 days, your insurance company may pay you for the first 7 days. Your
first check should be received within 21 days after reporting the injury to your
employer. If this does not occur, we work to find out why the payment was not received
and help resolve the situation for you. You do not have to pay income tax on the money
you receive for workers' compensation.
If a loved one was killed on the job, workers' compensation includes up to $150,000
in death benefits that may be given to eligible spouses and children. There are many
facts to know so that you can manage this difficult time as best as possible.
We take pride in being able to answer your questions while diligently working to
obtain the payments you need.
|Call Gibney Law today to make an appointment to discuss what
we can do for you. 904.443-7770 or 1.800.813.4997
Workers' Compensation Depositions
A deposition is testimony under oath in response to questions by lawyers who are
representing parties in a legal matter. The plaintiff who brings the legal claim and the
defendant against whom it is brought are called parties to the legal action. In a
workers' compensation claim, the injured worker, called the plaintiff or the claimant,
is a party as is his employer and his employer’s workers' compensation insurance
carrier, together referred to as the employer/carrier. The person being questioned is
called the deponent. The lawyers ask the deponent questions which he must answer
much in the same manner as if he were called as a witness at a hearing before a
judge or jury.
Learn more about Workers’ Compensation Depositions.
Workers' Compensation Mediations
Under Florida Workers' Compensation Law, a mediation is required before any
dispute about Workers’ Compensation benefits can be presented to the judge of
compensation claims (workers' compensation judge) to decide at a hearing. When a
workers' compensation claimant (injured worker) believes he is entitled to a
Workers' Compensation benefit that the employer and its Workers’ Compensation
insurance carrier (employer/carrier) have not provided, the claimant files a Petition for
Benefits. The petition is sent to the judge of compensation claims to hold a final
hearing (trial) after which the judge rules on whether the claimant is entitled to the
benefits claimed. Before the judge schedules the final hearing, Florida law requires
the parties to attend a mediation and discuss the benefits in the Petition for Benefits.
Learn more about Workers’ Compensation Mediations.
If you are injured on the job
If you are injured on the job, it is important for you to report the accident to your
employer as soon as possible. Timely notification to the appropriate persons must
occur within 30 days of the accident or your workers' compensation claim will be
denied. No later than seven days after your employer learns of your work-related
injuries, he or she must in-turn notify the company's work-comp insurance carrier of
your job-related accident or illness.
Should your employer fail to report your injury claim, you can notify the appropriate
government agency and ask for free legal assistance. This would also be an opportune
time for you to seek the advice of an experienced workers' compensation attorney to
determine the best legal actions for your case.
Learn more about how to report an on the job injury in Florida
|The Law Office Of L. Jack Gibney
|If you have been injured on the job, or made ill due to your job environment, you could be eligible for Workers'
Compensation benefits. Please don't hesitate to speak with The Law Office of L. Jack Gibney. We have been
handling these types of personal injury cases since 1988. We will do everything we can to protect your rights
and help you resolve your legal issues.
Attorney L. Jack Gibney has decades of invaluable experience handling these exact types of cases. He know
how difficult and upsetting it can be to suffer an injury or illness due to your job or the conditions at your
workplace. You are guaranteed these benefits and he can help you to recover them if you are eligible. Through
workers' compensation, you could receive monetary compensation for the following:
- Any and all related medical costs
- A percentage of your lost wages
- Compensation for disability
- Compensation for permanent injuries
Jack Gibney will meet with you to determine whether you are eligible for these benefits. If he sees that your
injury or illness was caused at work, resulted from your job duties and that your job increased the risk of
receiving these injuries, he could be able to get you compensation.
When you choose a workers' compensation attorney, the Law Office of L. Jack Gibney knows you want to
ensure that you speak with someone who is diligent, professional, compassionate and caring toward your case
- that is why we will always treat you with the respect and consideration that you deserve. It is our pleasure to
serve our clients in North Florida and South Georgia.
Contact the Law Office Of L. Jack Gibney today for a confidential consultation.
904.443-7770 or 1.800.813.4997
Serving all of North Florida and South Georgia
8777 San Jose Boulevard, Suite 502, Jacksonville, FL 32217
|8777 San Jose Boulevard, Suite 502 | Jacksonville Florida 32217 | 904-443-7770 | FAX 904-443-7769
VISA / MASTERCARD WELCOME
|Hurt on the job? Get the compensation you deserve!