Workplace Injury Lawyer in Destin, Florida
When you sustain a job-related injury, it can feel like everything is falling apart. Dealing with pain, medical bills, and lost income is tough. Depending on the injury, you could also face lifelong health issues from the accident. However, as tough as things may seem, remember that you don’t have to go through this difficult time alone.
The Bruner Law Firm is dedicated to guiding Florida’s injured workers through the complex process of workers’ compensation claims. Our Destin workplace injury lawyers can help you claim the benefits you need to cover your expenses. Additionally, if someone other than your employer contributed to your injuries, we can help you seek further compensation through a third-party injury claim. Let us handle the legal battles so you can focus on recovering. Call (850) 243-2222 now or complete our contact form for a free consultation.
Understanding Workplace Injuries in Destin, Florida
Before starting a Florida workers’ comp claim, it’s crucial to know what kinds of accidents and injuries these claims cover. At the most basic level, workers’ compensation is an insurance system designed to protect employees who get injured on the job or develop work-related illnesses. It’s a no-fault system, which means you don’t have to prove that your employer caused your injury or illness to receive benefits. Workers’ comp covers various incidents, from sudden accidents, like falls or machinery injuries, to repetitive stress injuries and occupational diseases, such as exposure to harmful chemicals.
In Florida, the Division of Workers’ Compensation requires most employers to provide workers’ compensation insurance to their workers. When a worker gets hurt or sick because of the job, this insurance covers a portion of their lost wages, medical expenses, and rehabilitation costs. However, not all employees qualify for workers’ comp coverage. For instance, employers don’t have to provide workers’ comp coverage to independent contractors. It’s also vital to know that workers’ comp only covers injuries that occur in a work-related context. This includes injuries sustained while performing job duties, whether on-site or off-site, as long as the activity was job-related.
Your Rights Under Florida Workers’ Compensation Law
Understanding your rights under Florida’s workers’ compensation laws is crucial if you suffer an on-the-job injury or illness. These rights include receiving the necessary benefits and protections throughout your recovery. Here are the key rights you have as an injured worker in Florida:
- Medical Treatment: If your employer accepts your claim, they must cover all reasonable, medically necessary treatments related to your injury or illness. This includes doctor’s visits, hospital stays, physical therapy, prescriptions, and medical supplies. However, you usually must see the doctor that your employer or their insurance provider requires unless it’s an emergency and you can’t reach your employer to ask them who to see.
- Wage Replacement: If your injury or illness prevents you from working, you can receive wage replacement benefits. These benefits typically equal two-thirds of your average weekly wage, up to a maximum amount under state law.
- Permanent Impairment Benefits: If your injury results in a permanent disability, you may have the right to permanent impairment benefits. These benefits are based on the severity of your impairment and compensate you for the lasting effects of your injury.
- Reemployment Services: If you cannot return to your previous job due to your injury, you may have the right to vocational rehabilitation services. These services can include job training, education, and assistance in finding a new job.
- Choice of Doctor: You must first see a doctor that your employer’s insurance company selects. However, if you’re not satisfied with the initial doctor, you have the right to request a one-time change of physician.
- Dispute Resolution: If there is a dispute regarding your benefits, you have the right to file a Petition for Benefits with the Office of the Judges of Compensation Claims. This process allows you to seek a resolution through a formal hearing if necessary.
Steps To Take After a Workplace Injury in Destin
If you suffer a job-related injury in Florida, knowing the right steps to take can protect your rights and help you get the benefits you need. Here’s what to do:
- Report the Injury: Tell your employer about the injury right away. State law says you must report your injury within 30 days of when it occurred, or you get a diagnosis from your doctor.
- Seek Medical Attention: See the doctor that your employer or their insurance company chooses for you. However, remember that you can ask to see another doctor if you have issues with your treatments.
- Document Everything: Keep records of your injury, medical treatments, and communications with your employer.
- Follow Medical Advice: Adhere to your doctor’s treatment plan and attend all appointments.
- File a Workers’ Comp Claim: Talk to a workers’ comp lawyer and have them help you submit a claim with your employer’s insurance company.
- Communicate with Your Employer: Keep your employer informed about your medical status and any work restrictions from your doctor.
Common Causes of Workplace Accidents in Destin
Workplace accidents can happen in any job, and understanding their common causes can help prevent them. Here are some of the most frequent reasons workers get hurt on the job in Destin:
- Slips, trips, and falls
- Overexertion and repetitive stress
- Struck by falling objects
- Machinery accidents
- Vehicle accidents
- Exposure to harmful substances
- Fires and explosions
- Electrical incidents
- Workplace violence
- Lack of proper training
How a Workplace Injury Lawyer Can Help You
At The Bruner Law Firm, we understand the challenges you face after suffering a workplace injury or discovering you have an occupational illness. Our Destin personal injury attorneys can guide you through the entire workers’ compensation process. From filing your claim to appealing a denial, we can handle the challenges of your case so you can focus on your recovery.
When you work with us, we can file your claim correctly and on time, helping you avoid common mistakes that can delay your benefits. We also can gather the necessary evidence to prove your claim, including your medical records and witness statements, to build a compelling case. If your employer denies your claim or tries to reduce your benefits, we’ll fight tirelessly to get you the benefits you need.
Beyond handling your workers’ comp claim, we can also explore other potential avenues for compensation. If a third party’s negligence contributed to your injury, we can pursue an additional claim to maximize your compensation. Our dedicated lawyers are committed to protecting your rights and securing the maximum compensation available in your case.
Determining the Value of Your Workplace Injury Claim
The value of a workers’ compensation claim depends on several factors, including the severity of your injury, your ability to return to work, and whether you have grounds for a third-party injury claim. Understanding the potential benefits you could receive helps you know what to expect and plan for your recovery. Your workers’ comp benefits may include:
- Medical benefits
- Temporary disability benefits
- Permanent disability benefits
- Vocational rehabilitation
- Death benefits
Pursuing Third-Party Claims for Additional Compensation
In most cases, you can’t sue your employer for a work-related injury or illness. In exchange for giving up the right to sue, you don’t have to prove fault to get workers’ comp benefits. However, workers’ comp benefits may not cover the full amount of your lost wages and other losses related to the injury.
If someone other than your employer caused your injury, you could have grounds for a third-party personal injury claim against them. While you have to prove fault to recover compensation in a third-party injury claim, these cases also allow you to pursue greater compensation than workers’ comp allows, including money for:
- The full amount of your lost income
- Lost future earnings resulting from your injury
- Your pain and suffering
- Your emotional distress
- The value of repairing or replacing your damaged personal property
FAQs About Workplace Injuries in Destin
Here are the answers to some common questions we get about Florida workers’ comp cases:
Can I receive workers’ compensation benefits if the accident was my fault?
In most cases, you can still claim workers’ comp benefits after an accident you caused. However, if you were intoxicated when the accident occurred or got injured in a fight with a coworker, your employer might have grounds to deny your claim.
How long do I have to file a workers’ compensation claim in Florida?
In most cases, you must submit your Petition for Benefits within two years of when the injury occurred, or you received your diagnosis from your doctor. An attorney can review your case to determine the deadlines that apply.
Can I sue my employer for a workplace injury in Destin?
In general, you can’t sue your employer for a workplace injury in Destin. You give up that right in exchange for no-fault workers’ comp benefits. However, you might have cause for a lawsuit against someone other than your employer if they contributed to your injuries. Talk to a lawyer to learn more.
Contact a Destin Workplace Injury Attorney Now
The Destin workers’ comp lawyers at The Bruner Law Firm know what you’re going through and can guide you through pursuing your claim for compensation to help you reach a brighter future. Call (850) 243-2222 now or reach out online for a free case review.
