Bradenton Workers' Compensation Lawyers
Bradenton Workers' Compensation Attorneys
When you’re injured on the job, you may be overwhelmed by medical bills and loss of income. Workers’ compensation benefits exist to ease these burdens. The Bradenton workers’ compensation attorneys at Lesser, Landy, Smith & Siegel PLLC understand the process and are here to ensure you receive the benefits you’re entitled to under Florida law. Call us today at (941) 227-4677 for a free consultation.
What is Workers' Compensation?
Workers’ compensation provides financial assistance to employees injured in the workplace and is designed to cover:
- Medical Bills: Including emergency care, surgeries, ongoing treatments, and medications.
- Lost Wages: Partial wage replacement while you’re unable to work.
- Rehabilitation: Costs for physical therapy, occupational therapy, or retraining for a new job if your injuries prevent you from returning to your previous position.
- Disability Benefits: Compensation for permanent or temporary disability if the injury causes long-term limitations or prevents you from working.
Who is Covered by Workers’ Compensation?
Most employees in Florida are covered by workers’ compensation, including those in construction, healthcare, retail, and office settings. Florida law requires employers with four or more employees to provide workers’ compensation insurance. For construction employers, the requirement applies if they have one or more employees.
If you were injured on the job, even if the accident was your fault, you are likely eligible to receive benefits, as workers’ compensation is a no-fault system. However, independent contractors may not be covered unless specified in a contract.
Common Workplace Injuries
Workplace injuries range from minor incidents to serious, life-altering conditions. Common examples include:
- Slip and Falls: Slips on wet floors, stairs, or uneven surfaces lead to broken bones, sprains, and head injuries.
- Back and Neck Injuries: Caused by heavy lifting, poor ergonomics, or falls. These injuries can be debilitating and may require long-term treatment.
- Repetitive Motion Injuries: Conditions such as carpal tunnel syndrome or tendinitis result from repetitive tasks like typing or lifting, leading to chronic pain or disability.
- Traumatic Injuries: Accidents involving heavy machinery, falls from heights, or vehicle collisions on the job can result in severe injuries such as amputations, fractures, and brain injuries.
Filing a Workers' Compensation Claim
In Florida, employees have to notify their employer of the injury within 30 days of the incident or the diagnosis. Failure to report the injury within this time frame may result in losing your right to benefits. After notifying your employer:
- Medical Treatment: Seek immediate treatment from an approved healthcare provider. Keep detailed records of all doctor visits, medications, and treatments, as this will support your claim.
- Employer’s Role: Your employer must report the injury to their workers’ compensation insurance carrier within seven (7) days. The insurance company will review the case and determine eligibility.
- Filing the Claim: The insurance company will either approve or deny your claim. If approved, you will receive wage replacement and medical benefits.
Types of Compensation
Medical Expenses
Workers’ compensation may cover the full cost of your medical care, including:
- Doctor visits
- Surgeries
- Physical therapy
- Medications
Wage Replacement
Injured workers who cannot work are entitled to wage replacement benefits. This includes:- Temporary Total Disability (TTD): Covers about 66% (two-thirds) of your average weekly wage, with limits set by Florida law. Payments continue until you reach maximum medical improvement (MMI).
- Temporary Partial Disability (TPD): If you can return to work at a reduced capacity, TPD covers the wage difference, ensuring partial wage recovery.
Permanent Disability
In cases where the injury results in permanent impairment, you may be eligible for Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits. These benefits provide compensation for long-term conditions that prevent you from returning to your pre-injury job or any job at all.Vocational Rehabilitation
If your injury prevents you from returning to your previous job, workers’ compensation may cover the cost of retraining or education to help you transition to a new career. Vocational rehabilitation includes job training, counseling, and job placement assistance.What Happens if Your Claim is Denied?
Unfortunately, some workers’ compensation claims are denied. Common reasons for denial include:
- The injury was not reported within the 30-day window.
- The insurance company claims the injury is not work-related.
- Your employer disputes the severity of your injury.
If your claim is denied, you have the right to appeal the decision. Our Bradenton workers’ compensation lawyers will review your case and guide you through the appeal process to ensure your rights are protected. We will gather evidence, such as medical records and witness statements, to strengthen your case and advocate for the compensation you deserve.
Third-Party Liability in Workers' Compensation Cases
While workers’ compensation covers most workplace injuries, there are cases where a third party may also be responsible for your accident. For example, if you were injured by faulty equipment or as a result of negligent actions by someone outside your workplace, you may be able to file a third-party claim in addition to your workers’ compensation claim.
This can significantly increase the compensation available to you. Our attorneys will investigate the circumstances of your injury to determine whether a third-party claim is appropriate.
Insurance Company Tactics and How We Counter Them
Insurance companies may attempt to minimize or deny your workers’ compensation claim. They may argue that your injury was pre-existing, claim you were not following safety protocols, or offer a settlement far lower than what you are entitled to.
Our lawyers know these tactics and will work to ensure that you receive fair compensation. We gather the necessary medical documentation, consult with experts if needed, and negotiate directly with the insurance company on your behalf.
Contact Our Bradenton Workers' Compensation Lawyers
If you’ve been injured on the job, you don’t have to face the claims process alone. Contact the workers’ compensation attorneys at Lesser, Landy, Smith & Siegel, PLLC at (941) 227-4677 for a free consultation. We will assess your case, explain your rights, and work to secure the benefits you deserve, allowing you to focus on your recovery without added stress.
