resources for occupational injuries

In the year 2016, injuries sustained in the workplace were increasing consistently. In Florida, fatal occupational injuries related to falls, slips, trips, and exposure to harmful substances or environments were more than the national average. Needless to say, there are plenty of work-related risks in the Sunshine state.

If you've suffered a job-related injury, your employer could be responsible for helping you with lost wages or other essential accommodations. The personal injury lawyers at lowercase know that hard work goes a long way. However, a serious injury can make it impossible for you to perform even the most basic tasks that make it possible for you to earn a living. We believe that if you have been the victim of an occupational injury, you should be properly compensated for your damages.  

does your injury qualify as work-related?

First thing is first, you need to make sure your injury can truly be defined as work-related. Ask yourself, did the injury occur while you were:

  • Performing the duties of your position?
  • Doing something else on behalf of your employer?

Many people do not realize, work injuries can also include incidents during other social events sponsored by your employer.

DID YOU KNOW: Work injuries do not necessarily have to happen on company-owned property. So if you get hurt at the company Holiday party or the summer picnic, you may still be entitled to compensation.

There are a number of considerations you may not be aware of when trying to determine if an injury is work-related. For purposes of workers' compensation claims or other actions, here are a few examples of occupational injuries you may not have known could be considered eligible for compensation:

  • Injuries that occur during a lunch break are typically not considered work-related. However, injuries that occur in a company cafeteria or otherwise involves your employer in some way may entitle you to damages.
  • If a preexisting condition is worsened on the job it is frequently recognized as work-related.
  • Mental health conditions are treated the same as physical injuries. If a mental condition is determined to be sustained on the job or as a result of your job, you can still receive compensation.

Before filing a claim for workers' compensation or seeking other employer-provided relief, make sure your injury qualifies as being work-related. By securing a lowercase personal injury lawyer, you gain access to experienced representation that can examine the details of your case and help you understand your rights to compensation.

worker's compensation insurance

Most employers are required by law to carry workers' compensation insurance. This is what pays a portion of an employee's regular wages while they're recovering from work injuries or a work-related illness. Florida workers compensation law provides income and medical benefits for those who have been injured on the job regardless of fault. So if you're eligible for workers' compensation, you may file a claim for benefits. In some cases, this is around two-thirds of your regular salary. When you file for workers’ compensation you are not legally entitled to sue your employer for those same injuries in court. However, if the employer fails to provide the coverage mandated by Florida law, they may be subject to lawsuits, fines, or even criminal charges.

In some instances, the insurance providers can try to deny your claim. Furthermore, the finer details of Florida’s workers' compensation laws might make it difficult to receive the compensation you are entitled to. Our experienced occupational injury attorneys are always here to consult with you on the best course of action. We are here to make sure you receive the appropriate benefits the insurance company has denied you. Let us negotiate a fair and comprehensive settlement to ensure that you can focus on getting better and getting back to work.

filing a work injuries lawsuit

In some cases, employees may sue employers in court for injuries resulting from willful violations of safety regulations. This includes extreme cases of negligence or failure to carry the required workers' compensation insurance. Another form of lawsuit an employee can pursue is for cases of intentional harm. In cases of intentional tort, injuries can include both physical injuries, and non-physical injuries. Common instances of intentional tort include:

  • Battery- injury to your person
  • Assault- attempted battery, or threat to commit a battery
  • Fraud- a lie causing you to suffer a workplace injury
  • False Imprisonment- confinement against your will, without legal authority
  • Intentional Infliction of Emotional Distress- Conduct leading to emotional trauma
  • Defamation- false claims about you that cause you harm, including libel and slander
  • Invasion of Privacy- generally meaning either your private information or photos of you were exposed to a large audience
  • Conversion- when someone takes your property and makes it their own
  • Trespass- someone entered your property or used your property without your permission

But what if you were harmed at work and you believe someone other than your employer was responsible? In cases like this, you have the option to file a third-party lawsuit. For example, if you are injured because of an accident involving defective equipment, a suit can be filed against the manufacturer. However, if awarded damages you may have to pay a portion of your compensation to your employer or your employer's insurance company, to repay any workers' compensation benefits that you may have received.

Your employer and its insurer may also have the opportunity to become parties to your lawsuit. This way, they can recover the value of any workers' compensation benefits for themselves. Whatever the circumstances, it is in your best interest to obtain professional representation to guide you through this complex process.

options for independent contractors

However, workers compensation laws do not apply to every kind of worker. Independent contractors are one example of professionals who are not covered under these protections.

However, if you are not eligible for workers' compensation benefits, it does not mean your employer doesn't have responsibility for your job-related injury. Your independent contract may mandate the use of arbitration for work injuries and other disputes. The best way to know your options as an independent contractor or another type of employee without workers’ compensation benefits is to speak with an expert.

call us today

A lowercase attorney will provide you with the best legal guidance for addressing work injuries and any necessary litigation. Let us go to work for you. Call us today at 833-LOW-FEE5 (833-569-3335).

*Workers’ Compensation cases not eligible for the lowercase fee.

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