(IN THE STATE OF FLORIDA)
You probably have not heard of many personal injury lawyers advertising for workers compensation. Here’s why: the law is skewed in favor of the employer, to the extent that it does not make sense for an attorney to take the case because it’s very hard to make enough for the client to justify the costs. In other words, the attorneys makes very little money on most workers compensation cases. That being said, we continue to provide workers compensation representation to this day. Why? Because my father Guy Perenich founded Perenich Caulfield Avril and Noyes on the idea that we must look out of the little guy, the person that doesn’t have a big insurance company to fight his or her battles. We, moreover, do it for the community, we know that you come to us with a workers compensation claim, you will leave feeling that we did you a service and you will pass that good will on to someone else, by doing them a favor. If you have a question about workers compensation in Clearwater, please call 727-386-9677
Workers compensation can be considered as Insurance for employees of an organization, who get injured while performing their Job. The first comprehensive workers compensation law was passed in Maryland in the year 1902 and all states of U.S. had some form of workers compensation Law by the year 1949. Workers Compensation Laws have been created to make sure that any member of staff, who faces accidents, Injuries while performing their duty, is duly compensated for his / her financial loss (present and future wages, healthcare costs) instead of directly going for legal action against the employer. In case the employee dies, these Laws ensure that the member(s) of family of the employee get compensation and benefits. These Laws should be not taken as burden for employers as they also provide benefits to the employer by restricting the amount a worker can get from the employer in case of accident or illness. In Florida, the Florida state statue for workers compensation (Chapter 440) establishes the framework for employment.
The Florida state statue for Workers compensation requires that a worker who faces “an accidental injury or death arising out of work performed in the course and the scope of employment” shall be (the worker or his family) compensated for it. According to the Law a worker won’t be compensated for the first 7 days of his / her absence from the Job due to accident but in case the accident was serious and resulted in an absence of more than 21 days, the insurance provider may also provide compensation for the initial 7 days. In general cases, the amount of compensation an employer must pay the worker should be 66.66% of his / her average weekly pay, in case of an Injury resulting in absence from work.
Workers Compensation in Florida – F.A.Q. (Employee)
- Q- What are the requirements for availing the benefits of Workers compensation insurance?
A- There are two necessary requirements for availing the benefits of Workers compensation, one being that you work in an organization that has more than 4 employees and hence is mandatory for it to follow the regulations and compliances of the Workers compensation law and the other being that you or your family member faced “an accidental injury or death arising out of work performed in the course and the scope of employment.”
- Q – Within how many days shall I inform my organization regarding my accident?
A- An employee must inform as soon as possible but ensure that it’s done within 30 days or else they may not get compensate for it.
- Q – What should be done if the organization I work for doesn’t inform the Insurance provider regarding my accident?
A- You may directly go ahead and Inform the Insurance provider , in case you need any assistance you may call Employee Assistance office on (800) 342-1741 or mail them at – email@example.com
- Q- Within how many days does shall the organization inform the Insurance provider?
A – An organization shall inform the Insurance provider as soon as possible but shouldn’t delay it by more than 7 days. The Insurance provider on their part shall within 3 days send the employee an Information brochure which explains their responsibilities and rights and also informs them about various aspects of workers compensation Law.
- Q – Who will provide and foot the bill for the healthcare costs that would be involved?
A- All the costs and healthcare expenses related to the injury would be borne by the insurance provider who will also provide you a healthcare provider.
- Q – Within how much time shall I start receiving my compensation amount?
A- In general cases a worker can expect his first check to arrive within 21 days of informing about the accident to his / her organization.
- Q- If I get a temporary disability due to the accident, for how many days will I receive compensation?
A- In case of temporary disability a worker can’t receive compensation for more than 104 weeks.
- Q – In what cases will I won’t receive the benefit of workers compensation?
A – You can be denied worker’s compensation benefits on the following grounds –
- If you were found under the influence of Alcohol or in a state of intoxication due to substance abuse and/or you denied the right of your employer to get a medical test done for checking the same after an Injury, you can be denied the benefits.
- If an employee tries to harm himself / herself deliberately.
- If the accident happened while attending a social or recreational event in which the employer didn’t had any direct benefits involved.
- If the employ was actually not working or was not on site.
- Accidents while commuting to or from work.
- Q- Can my Organization designate someone else to do my Job and fire me?
A – This is a complex question as your employer can designate someone else from outside to do your Job but if your organization has more than 50 workers and is notified by the Insurance and Healthcare provider of your medical improvement and physical limitation it is necessary for your organization to find a suitable Job for you within the hundred mile radius of your residence and that too within 30 days. It is also against the law to fire someone if they have made or are seeking claim for workers compensation. Since it is a case-by-case question and other laws are involved, no general answer can be given regarding this.
- Q- Can I get re-employment of assistance of any kind?
A- Yes under the law, you can get re-employment assistance services for improving your chances in getting another Job.
- Q – Can I receive my Compensation while at the same time that I am getting re- employment assistance?
A – No, you can’t claim compensation for being unable to work due to Injury and receive re- employment assistance at the same time.
- Q – If my organization or Insurance provider denies me workers compensation, shall I hire an attorney?
A- Yes, definitely you must as an attorney can protect your rights and see to it that you are duly compensated for your Injury.
- Q- Within how many days can I file a case?
A- You can file a case against your organization and/or Insurance provider as soon as they deny you workers compensation and the maximum time limit for filing a case regarding workers compensation is 2 years from the date of the Injury.
How Mark Perenich and the team and at Perenich Caufield Avril Noyes CAN HELP
Mike Perenich and our team have led crusades since last 3 decades against organization who deny employees their compensation in case of accidents. We have dealt with many complex cases in which the worker or worker’s family was not being paid for the medical cost, lost wages, death etc. and have approached the cases with clarity that it’s the basic duty of employers to pay for any kind of accident or Injury that their employee faces. The tremendous experience that we have gained over the years in fighting to protect the rights of workers has also provided us the expertise to deal with any kind of disputes regarding workers compensation. At our firm we understand that when an employee gives his full dedication to his job he also expects the employer to be dedicated toward the employee, in times of adversity employers need to do what’s right under the law.
Please call Personal Injury Attorney Mark Perenich if you have any questions about workers comp, Medical Malpractice, Car accidents, trip and falls. : 24/7 : 727-386-9677 Or contact him here