Injured on Job Lawyer ,Attorney | Jax Litigation

Injured on Job

In Florida, employers with four or more employees, excluding construction companies, are required to provide workers' compensation insurance. Employers in the construction industry with at least one employee must carry work comp insurance. If your employer provides work comp insurance, in most cases, that will be the exclusive remedy if you are hurt on the job. The work comp insurance is required to pay your medical expenses and 66 2/3 percent of your lost wages. However, work comp does not pay for non-economic damages such as pain, suffering, disability, disfigurement and loss of enjoyment of life. Under certain circumstances you can sue the employer to recover these damages.

Injured on job

If you are injured on the job, follow these 5 key points:

1. Report Your Injury to Your Employer. This is mandatory. Don’t rely upon your co-workers or someone else to report your injury. If you do not report your injury in a timely manner, the insurance company may be able to deny your claim. When you report your injury, make sure you tell your employer about every body part affected by the injury. If possible, ask for a written incident report and ask for a copy of it.

2. Report Your Work Injury to Every Medical Provider You See. Whether you seek immediate treatment for your work injury in an emergency room, or it is a few weeks or even a few months later, you must fully disclose how and when the injury occurred. One of the first things the workers’ compensation company will do is review the medical records of each and every medical provider you see. If it is not indicted in all the medical provider’s notes that you told him or her that the injury happened at work, the insurance carrier may attempt to deny your claim. Do not wait for the medical provider to ask you if the injury happened at work, and don’t presume that the medial provider knows your injury happened at work. Tell every new medical provider that you see that you are there for treatment of a workplace injury.

3. Do Not Ignore Medical Instructions. Your doctor, nurse or other medical provider may order diagnostic studies such as MRIs, EMGs, etc. It is very important that you get these tests performed if they are ordered. These tests are ordered so the medical provider is trying to determine the full extent of your injury, so that he or she can administer the proper medical care to help improve your condition. These tests are very helpful in proving your workers’ compensation claim as well. The insurance adjuster may try to convince you that you only have a “sprain or strain” but an objective diagnostic test will show the true extent of your injury. If you do not get the tests when directed by your medical provider, you may be stuck with the insurances adjuster’s characterization.

4. Do Not Rely Soley on Advice from Your Employer or the Insurance Company.Your employer is in business to make money. Your employer makes money when you are a productive worker, and loses money when you are out of work. Many injured workers believe that a workers’ compensation insurance carrier exists to look out for their best interest when they get hurt at work. But the insurance company is a private, for-profit business that makes money by getting insurance premiums from your employer, and loses money when it pays your medical bills and lost wages. Therefore, both your employer and its insurer have a big financial incentive to get you off of workers’ compensation and back to work as soon as possible. Knowing that both of them have this incentive, do you really want to rely exclusively on what they tell you about your rights or what you are entitled to? Don’t do it. Talk to a lawyer. It’s free.

5. Get Answers to Your Questions from a Good Attorney. Workers’ compensation is a highly complex area of law with many confusing procedures and forms. It is very unlikely you will be able to successfully handle your claim using “commonsense” or just relying on the “truth.” Although these concepts are at the heart of any legal matter, you cannot rely on them. If you do, you will most likely fall into one of the many traps that await a person who does not know how to navigate the workers’ comp system.

Injured on Job - Personal Injury

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    Kinney & Sasso, PLLC
    9191 R.G. Skinner Pkwy., # 703
    Jacksonville FL, 32256
    Tel: 904 642 4111
    Fax: 904 329 1875

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