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Workers Compensation Lawyers Orlando

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Workers compensation lawyers in Orlando help victims of workplace accidents file injury claims for medical payments and/or disability benefits. Under the state’s workers compensation laws, benefits are intended to compensate those employees who are injured on the job (on or off-site) and those who became ill due to circumstances directly related to their job. If an employer has four or more full-time or part-time employees, Florida’s work-comp laws require that employer to carry worker’s compensation insurance coverage. If you are injured while performing your job or develop a job-related illness, our workers compensation lawyers can arrange for a no cost, no obligation consultation to review the details of your claim to include any insurance company’s denial of workers compensation benefits. Call the Law Office of Harrell & Harrell, P.A., at 1-800-251-1111 to schedule your private meeting.

If you are injured on the job or suddenly become ill due to work-related circumstances, it is most important for you to report the incidence to your employer as soon as possible. In fact, it is the employee’s responsibility to notify the appropriate manager of any workplace accident or work-related illness within 30 days or the insurance company will almost certainly deny the work-comp claim. Within seven days of learning about your job-related injuries or illness, your employer must report the claim to the company’s workers compensation insurance carrier. Should your employer fail to do so, it would be a good time for you to seek the legal advice of an experienced workers compensation lawyer to determine your options and pursue the best course of action.

Workers Comp Attorneys serving Orlando

Without qualified legal counsel, the number of regulatory procedures to follow can be intimidating and it is almost impossible to know which legal options are viable. Listed below are the standard employee actions to consider when faced with a claim for payment of a work-comp claim or disability benefit:

  • Immediately Notify Your Employer of Any Work Injury
  • Document the Time and Place of the Workplace Accident
  • Explain the Details of How the Injury Happened
  • Make a List All Witnesses to the Workplace Accident
  • Notify the Workers Compensation Insurance Company
  • Submit a Timely Appeal for Denied Work-Comp Benefits

Florida’s existing worker’s compensation laws prevent your employer from firing you because you have filed or may be attempting to file a workers compensation claim for work-related injuries or illness. However, there are no provisions under the state’s workers compensation system that requires any employer to hold a job until the employee is able to return to work.

Work-Comp Disability Benefits

If a work-comp doctor determines that an injured or ill employee cannot perform their duties, either temporarily or permanently, the employee may pursue a claim for Temporary Total Disability (or TTD) benefits. TTD benefits are based on two-thirds of the worker’s pre-injury average weekly wage (AWW) and are typically paid every other week. When an injured employee’s workers compensation doctor determines that he or she is able to return to work but with certain restrictions, the worker may apply for Temporary Partial Disability (TPD) benefits as long as they are earning less than 80% of their original weekly wages. Neither of the workers compensation benefits paid for temporary partial disability or temporary total disability can exceed 66.66% of the worker’s average weekly wage prior to the unexpected injury or sudden work-related illness.

Maximum Medical Improvement

A worker can only receive compensation in the form of temporary partial disability and temporary total disability benefits for a combined maximum of 104 weeks after a workplace accident or illness, or until the work-comp doctor determines that the worker has reached maximum medical improvement or MMI. For either form of worker’s disability, the injured worker does not receive benefit payments for the first seven days following the work-related incidence. However, if the worker’s temporary or partial disability extends beyond 21 days, then the workers compensation insurance carrier will reimburse benefit payments for the initial seven days following the accidental injury or work-related illness.

Once the limits for maximum medical improvement have been reached, an injured worker may qualify for Impairment Benefits or IB. At the point where the injured employee’s doctor determines the injuries to be permanent, the worker is entitled to receive impairment benefits based on a rating furnished by the workers compensation doctor. Impairment benefits are paid at a rate of 75% of the worker’s average weekly TTD benefits for the following time frame:

  • Two Weeks for Each Percentage Point of Impairment up to 10%
  • Three Weeks for Each Percentage Point of Impairment from 11% up to 15%
  • Four Weeks for Each Percentage Point of Impairment from 16% up to 20%
  • Six Weeks for Each Percentage Point of Impairment from 21% and above

The basic requirements and numerous procedures that must be correctly followed make workers compensation claims, work-comp disability benefits, temporary total or temporary partial disability, and maximum medical improvement a confusing mess for an employee who is already dealing with a workplace injury or illness. If you have been injured on the job or became ill due to a work-related situation, call Harrell & Harrell, P.A., at 1-800-251-1111 to schedule your private meeting with our workers compensation lawyers in Orlando. Don’t settle for less than you deserve.

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