Set Up a Free Consultation With a Top Jacksonville Workers’ Comp Attorney
At Bernheim Kelley, our Jacksonville workers’ compensation lawyers are devoted to protecting the rights of people who were injured at work. You need financial support to cover medical costs and provide for your family. If you or your loved one was seriously hurt while on the job in Duval County, we can help. To set up a free, no-commitment consultation with a top Jacksonville workers’ compensation attorney, please contact us at our law office today.
How Does Workers’ Compensation Work in Jacksonville? (What You Need to Prove to Qualify)
Workers’ compensation is a safety net for employees who suffer injuries while on the job. Florida law requires the overwhelming majority of employers to provide no-fault workers’ comp insurance coverage to their employees. To qualify for workers’ comp benefits, you must prove:
- Employment Verification: You must prove you’re an employee of the company where the injury occurred. Independent contractors, for example, are typically not eligible.
- A Work-Related Injury: The injury or illness must be directly related to your job duties or occurred while you were performing work-related tasks.
- Timely Reporting: Injured workers should report their injuries to their employer as soon as possible. Ideally, without any delay. Late reports could undermine your claim.
How Best to Document Your Workers’ Comp Case
To put yourself in the best possible position to maximize your workers’ compensation benefits in Jacksonville, it is imperative that you comprehensively document your accident and your injuries. Here are three key considerations to keep in mind:
- Create a Detailed Incident Report: As soon as possible after the injury, write a comprehensive report detailing how the incident occurred. Include the date, time, location, and any factors that contributed to the accident.
- Save Your Medical Records and Medical Bills: Always keep copies of all medical reports, treatment prescriptions, and bills related to your injury. These documents provide tangible proof of the extent and nature of your injuries (and their costs).
- Keep a Journal: Maintain a daily or weekly diary detailing your recovery process, medical appointments, pain levels, and any limitations or struggles faced due to the injury. Contemporaneous written records can be especially useful.
The Most Common Workplace Injuries in Jacksonville
Hurt on the job? You are not alone. According to the Bureau of Labor Statistics (BLS), there are more than 2.5 million workplace injuries and illnesses reported nationwide each year. Unfortunately, Florida’s work injury rate is somewhat higher than the national average. While each industry has unique operational challenges, there are certain workplace injuries that frequently occur throughout the state. Some of the most common work injuries reported in Jacksonville include;
- Slips, Trips, and Falls: Given Jacksonville’s humid climate and often heavy rainfall, wet surfaces are a relatively common sight. Workers might slip or trip on slippery floors, uneven grounds, or unexpected obstacles, resulting in injuries.
- Overexertion Injuries: Overexertion injuries may be sustained from lifting, pulling, pushing, or throwing. They are most common in industries like agriculture, construction, and other occupations where workers engage in heavy physical labor.
- Falls From Heights: Roofers, construction workers, or those working on scaffolding face the risk of falling from significant heights, leading to severe injuries. Nearly 20% of workplace fatalities nationwide occur in fall accidents.
- Struck by Objects: Falling tools or debris, especially in construction zones, can cause serious injuries. Workers in warehouses or retail settings are also at risk of being hit by items falling off shelves.
- Motor Vehicle Accidents: Motor vehicle collisions are another relatively common cause of work-related injuries, especially in industries that require frequent transportation.
- Repetitive Strain Injuries (RSI): Common in office settings, RSIs are caused by repetitive tasks, such as typing or assembly line work. Carpal tunnel syndrome is a well-known RSI.
- Heat-Related Illnesses: Florida’s scorching temperatures and high humidity can cause heatstroke. It is a serious risk for outdoor workers without proper hydration or shade.
- Electrical Injuries: Workers exposed to electrical equipment, such as electricians or maintenance personnel, might suffer from shocks, burns, or electrocution.
Four Big Workers’ Comp Mistakes to Avoid in Jacksonville
If you were hurt on the job in Jacksonville, you need to explore every available option for financial support, including workers’ compensation. Too many people hurt on the job in Jacksonville make errors that actually undermine their own claims. Here are the four big workers’ compensation mistakes that you need to avoid after a job-related injury in Jacksonville:
- Not Seeking Immediate Medical Attention: When injured on the job, the top priority should be your health. Not only is prompt medical attention vital for your well-being, but it also solidifies the foundation of your workers’ compensation claim. Delaying treatment can make it harder to prove the severity of the injury or its connection to your job
- Failing to Notify Your Supervisor/Employer: As soon as you are safe and have received necessary medical care, inform your supervisor or employer about the injury. In Florida, workers typically have a 30-day window to report injuries to their employer. Not adhering to this window can jeopardize your claim. Report your injury/illness right away.
- Waiting Too Long to Hire a Jacksonville Workers’ Compensation Lawyer: The sooner you have a top workers’ compensation attorney on your side, the better position you will be in to get justice and the maximum financial compensation benefits. Have questions about how to find a workers’ comp lawyer? Contact our law firm today.
- Assuming You Have No Options if Your Claim is Denied: As frustrating as a workers’ comp denial can be, it is not the end of the road. You have the right to appeal in Jacksonville. If you receive a denial letter, consult with a Jacksonville workers’ compensation lawyer.
– you are in good hands!
Benefits You Can Seek in a Workers’ Compensation Claim in Jacksonville
What types of benefits can actually be recovered through a workers’ compensation claim in Jacksonville? The answer depends, in part, on the specific circumstances of your case. Here is an overview of workers’ compensation benefits in Jacksonville:
- Medical Bills: One of the primary benefits of a workers’ comp claim is the coverage of medical expenses. Through a workers’ compensation claim, you can obtain medical coverage for all medical expenses that are deemed to be reasonable and necessary, including immediate medical treatment, prescription drugs, and rehabilitative care.
- Disability Benefits: Disability benefits are wage replacement benefits. You may qualify for temporary total disability (TTD) if you cannot work at all during your recovery, temporary partial disability (TPD) if you can work in a limited capacity during your recovery, or permanent impairment benefits if you are left with a lasting disability.
- Retraining/Education: If a workplace injury prevents you from returning to your previous job, the Florida workers’ compensation system may provide vocational rehabilitation. This includes training or educational services that equip you with skills to re-enter the workforce.
- Travel Expenses: If your treatment necessitates traveling, like visiting specialists or attending rehabilitation sessions, you may be eligible for reimbursement of related travel expenses. This includes mileage, parking fees, and other associated costs.
Understanding Maximum Medical Improvement (MMI)
The United States Department of Labor (DOL) defines maximum medical improvement (MMI) as the point at which an injury, illness, or other adverse health condition has “stabilized and is unlikely to improve with or without additional medical treatment.” Notably, you cannot obtain permanent disability benefits through a workers’ comp claim before you have reached MMI.
How Long Does it Typically Take to Settle a Workers’ Compensation Case in Jacksonville?
It depends. In Jacksonville, settling a workers’ compensation case can vary widely based on its complexity, but most cases typically resolve within several months. However, it can take longer if you need to file an appeal. At Bernheim Kelley, we are committed to helping injured workers secure the maximum available benefits in a timely manner.
When Will My Workers’ Comp Benefits Stop?
In Florida, workers’ comp benefits generally stop when you reach maximum medical improvement (MMI). At that point, benefits may be paid out in a lump sum or in ongoing benefits if you have a permanent impairment. If you believe that your workers’ compensation benefits are being cut off early, contact an experienced Jacksonville work injury lawyer for immediate help.
Do I Have to Prove that My Employer Was at Fault to Receive Workers’ Comp?
No. As explained simply by the Florida Department of Financial Services, workers’ compensation insurance is no-fault coverage. In other words, you are not required to prove that your employer did anything wrong in order to qualify for workers’ compensation benefits. Instead, you only need to establish that you were covered by workers’ comp insurance and that your injury or illness occurred within the course and scope of your employment.
What Happens if My Workers’ Comp Claim is Denied?
Facing a denial for a workers’ compensation claim can be deeply frustrating. It is normal to feel stressed and unsure of what happens next, but it is important to understand that a workers’ comp denial does not mean the end of your pursuit for rightful compensation. You can file an appeal. Here are key steps to take if your workers’ compensation claim is denied in Jacksonville:
- Review the Denial Letter: To start, it is crucial that you comprehensively and thoroughly review your denial letter. Only by understanding the reasons for denial will you know what needs to be done to challenge the adverse decision. Under Florida law, your employer or their insurance provider should send a denial letter explaining the grounds for rejection.
- Consult With a Jacksonville Workers’ Comp Attorney: Do not go it alone. Workers’ comp appeals are complicated. It is highly advisable to consult with a top Jacksonville workers’ comp attorney if your claim is denied. Your lawyer can help you take the next steps.
- Prepare and File Your Appeal: In Florida, you can file a Petition for Benefits with the Office of the Judges of Compensation Claims. This initiates the formal workers’ comp appeal process. Make sure you submit your appeal before any relevant deadline expires.
Our Firm Also Handles Third Party Liability Work Injury Claims in Jacksonville
Were you injured in the workplace due to the negligence of any party other than your own employer? You may be able to seek additional compensation through a personal injury lawsuit called a third-party liability claim. You can file this type of claim even if you also (or are seeking) workers’ comp benefits. A third-party liability claim is a fault-based claim that can be brought against any party other than your own employer, including contractors, subcontractors, property owners, and manufacturers. Contact our Jacksonville third-party liability attorneys for help.
Contact Our Jacksonville Workers’ Compensation Attorney Today
A serious workplace accident can change your entire life. It could result in stacks of medical bills, missed paychecks, and even long-term or permanent physical/mental impairments. At Bernheim Kelley, Law, we have deep experience handling work injury cases in Jacksonville, and our Jacksonville workers’ compensation lawyers have the knowledge and experience that you can rely on. Hurt on the job? You need top legal counsel on your side. Contact us right away for your free case evaluation. From our Jacksonville law office, we fight for the rights and interests of injured workers in Duval County and all across North Florida.