Jacksonville, Florida Workers' Compensation Attorneys
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Workers' Compensation Lawsuits
You spend most of your waking hours punching the clock to bring home rent, put food on the table, and take care of your family. You work hard and expect to be paid for it. But what happens if you're hurt on the job and can't work? Just like that, you're without income and have no way to make ends meet.
Don't let the fear of losing your job keep you from making a Florida Workers' compensation claim because your boss has no legal obligation to hold your job. Sometimes your only recourse is to pursue legal action and we're here to help you do that. To discuss your Workers' compensation claim, contact us in Jacksonville, Florida now - we are interested in your financial security.
- Changes in Workers' compensation Statutes
- Filing Your Claim
- Changes in Workers' compensation Statutes
- Suing Your Employer
- Job Accidents
- Toxic Exposure
- Frequently Asked Questions
Workers' compensation - What You Need To Know
Workers' compensation is there for all of us - it is actually the oldest social insurance program and was created in the late 1900s to compensate workers injured on the job. It was intended to be a no-fault system, meaning the injured does not have to prove someone else was at fault in order to receive workers' compensation benefits.
Workers' compensation insurance in Florida is obtained by the employer through self-insurance, private, or state insurance. The state's role is to oversee the provisions of workers' compensation benefits and to assist employees, employers, and others to resolve disputes that arise in the process.
Filing Your Claim
At Farah and Farah, we've been helping injured workers file Workers' compensation claims in Jacksonville and throughout Florida for the last 12 years. During that time we've watched the legislature and big business concerns erode compensation entitled to an injured worker.
The most recent attack on injured workers occurred in October, 2003. Before that time, injured employees had the right to a second opinion from a doctor of his choosing. Now in many circumstances the insurance carrier has the exclusive selection of the doctor who will treat you for your injuries. The burden of proof has also been made more difficult for the worker. He must prove that the injuries resulted from the on-the-job accident in order to receive Workers' compensation benefits. The new statute also limits injured workers' access to Florida courts.
Under the old statute, if you were wrongfully denied your Workers' compensation claim, your attorney would be entitled to his attorney's fees for the time spent litigating that issue. Under the current statute, fees are generally limited. That means many law firms will not invest the time needed to successfully litigate a workers' compensation claim. Knowing this, insurance companies are now more likely to deny a claim knowing that the injured will find it difficult to find an attorney to fight on his behalf.
We realize many law firms have quit representing Jacksonville workers' compensation claims. However, at Farah and Farah in Jacksonville, Florida, we are dedicated to righting these wrongs so our clients can get the help they desperately need.
Workers' compensation Law in Florida
In Florida, if you are injured on the job your rights are determined by the workers' compensation statute - you can receive medical costs and lost wages up to the statutory limit. Workers' compensation does not allow you to be compensated for pain and suffering that you would be entitled to under a typical injury case. However, there are some circumstances under which we've been able to recover additional damages such as pain and suffering for our clients, in addition to workers' compensation:
For example:
1) If you are injured on the job, and some third party caused the injury, and if that third party is not your employer, you can still file a workers' compensation claim and pursue a second claim against the third party for your pain and suffering and all of the other damages you would be entitled to in a typical negligence case. For example, if you were driving a delivery truck on the job and another person crossed a red light and hit you, you would be entitled to your workers compensation benefits while also making a claim against the at-fault driver.
2) We also consider whether a defective product caused your injury. If, for example, a piece of machinery caused you to be injured, you would be entitled to your worker's compensation and might be able to make a claim against the manufacturer of the machine or product if it was defective.
3) If a co-worker injures you and that co-worker's job responsibilities are different from yours - perhaps he works for a different supervisor or has a different job description - in certain circumstances you will be able to maintain a claim over and above the workers' compensation claim.
4) As of October 2003, if you can show that the employer's actions created a situation where it was a "virtual certainty" that you would be injured, you should be able to overcome the worker' compensation immunity and maintain a direct claim against your employer.
Suing Your Employer
To sue your employer you must be able to prove the following:
1. The employer's knowledge of the dangerous condition
2. Evidence of concealment or misrepresentation to the employee
3. Failure to take reasonable precautions to protect the employees
4. An absence of warnings, training, precautionary measures, safety equipment
5. Physical evidence of dangerous conditions
6. Prior accidents or incidents and complaints by employees
If these situations are present, you may be able to defeat the workers' compensation immunity and pursue your claim directly against your employer.
So these are some of the elements we examine when someone comes to us with a workers' compensation claim. Considering how the accident occurred, whether someone else may have contributed to your injuries beside your employer, and considering the role defective products (product liability) may have played - has allowed us to get the compensation for our clients that they deserve.
Farah and Farah will be dedicated to representing the injured in Workers' compensation claims up until the time the Florida legislature nails shut the doors to the courthouse.
Job Accidents
Accidents can occur in almost any job setting. An industrial worker might be burned with a chemical, a construction worker might suffer a fall; a grocery clerk might pull a back muscle lifting something heavy; a teacher might be hit by a car in the school parking lot -- the list of possibilities is never-ending. Regardless of how an accident occurs, serious injuries can cause the victim to temporarily or permanently lose the ability to perform his or her job. Medical care and rehabilitation are often expensive. Workers' compensation can help injured workers receive pay while they recover and also get help paying for their treatment. If you have been denied the Workers' compensation you deserve after an on-the-job injury, please contact Farah and Farah in Jacksonville, Florida today.
Toxic Exposure
Exposure to toxic substances can cause a variety of health problems, including cancer. Unfortunately, many people who develop deadly diseases from long-term exposure to toxic substances are primarily exposed on the job. Some dangerous chemicals and elements that workers are sometimes exposed to are asbestos, benzene, vinyl chloride, manganese, and mercury. Long-term exposure to toxic substances on the job may lead to the development of cancer and other serious illnesses. If you have been harmed by toxic exposure in Floroida, please contact our firm to discuss your Workers' compensation rights. Our attorneys in Jacksonville, Florida can help you recover the compensation you are owed.
Welding Rod Toxic Fumes
The dangers of construction and manufacturing professions are well-documented in this country. Unfortunately, welders are also at risk. Read on for more information on the dangers of welding rods and manganism, an associated condition that can lead to Parkinson's disease and other serious health conditions.
Read more about welding rod hazards and possible workers compensation claims
Frequently Asked Questions
If you have filed, or are in the process of filing a Workers' compensation claim, it is important to speak with an attorney to discuss your rights and find out what benefits you are entitled to under the law. The following information can give you a basic idea of what to do if you have been injured on the job or exposed to toxic substances, but we also encourage you to contact our Workers' compensation attorneys in Jacksonville, Florida to discuss your case with a member of our staff.
How long do I have to report the accident to my employer?
You should report the accident immediately to your supervisor to avoid any delay in receiving Workers' compensation benefits.
Can I choose to take a lump sum settlement of my case?
Yes, you can. You can negotiate that with your workers' compensation insurance carrier, but it must be approved by a Judge of Compensation Claims.
Can my employer fire me if I am out and receiving Workers' compensation?
Workers' compensation laws in Florida do not require your employer to hold your position until you can return to work. But if you feel you were fired in retaliation for attempting to file a Workers' compensation claim - that is illegal.
Must I be released to full duty before I can return to work?
No. Your doctor can give you the go ahead for modified or light duty work before you reach maximum medical improvement (MMI).
Is my employer required to have Workers' compensation insurance?
If your employer has four or more employees, part-time or full-time, they are required to have Workers' compensation coverage.
Do I have to pay to be covered under this insurance?
No. Your employer pays the premium. You are not required to pay a penny of it.
Where does my Workers' compensation benefit check come from?
It comes from your employer's Workers' compensation insurance carrier or from your employer if it is individually self-insured.
Are Workers' compensation benefits taxable?
No.
Can my benefits be lowered if my injury was caused because I failed to follow safety rules?
Yes, your cash benefits can be lowered by 25 percent if your injury occurred because you weren't following safety rules or using safety appliances provided by your employer.
How long can I collect Workers' compensation benefits?
It depends on when you were injured, how serious your injury is and what benefits you are receiving. But you can be sure the Jacksonville Workers' compensation attorneys at our Florida firm will fight to make your benefits last as long as you need them.
Contact Farah and Farah Today
We'll fight for the maximum Workers' compensation benefits you deserve. If you've earned extra income through overtime, bonuses, or a second job, we'll fight for that compensation. We'll take on your employer's insurance company because we know they're not concerned about your financial future. Our team of Workers' compensation attorneys in Jacksonville, Florida and our support staff know how to win and we've been doing it for over 20 years.
For further information or if you have questions regarding Workers' compensation, contact our attorneys in Jacksonville, Florida for answers.