Basic Facts About Workers’ Compensation in Florida
If you have sustained an injury while you were at work and it happened during the course of you performing your expected duties, your employer is obligated to provide you with all of the necessary medical benefits related to your injury as well as lost income benefits should you be unable to go back to work either permanently or temporarily because of your injury regardless of who is to blame.
If you are receiving workers’ compensation and have any questions about whether or not you are getting every benefit you are entitled to according to Florida’s workers’ compensation laws, some of these basic guidelines may be helpful.
How Much Should I Expect My Workers’ Compensation Attorney to Cost?
Following workers’ compensation laws in Florida, attorneys may represent workers on a contingency basis, meaning that the injured worker will not be required to pay upfront and out-of-pocket for any legal services affiliated with their compensation claim. Instead, their attorney only collects their fee if compensation is granted on the client’s behalf.
This is normally achieved in one of two ways:
- The attorney proves that their client’s employer wrongfully denied indemnity or medical benefits, making the employer responsible for paying the attorney’s fees for any benefits obtained for the injured worker
- The worker decides to settle their compensation claim, making the attorney’s fees recoverable from the settlement payout
Am I Able to File a Suit Against My Employer for an On-the-Job Injury?
In Florida, if someone is injured during an accident that took place in the scope and course of their employment, then their employer is statutorily obligated to provide them with any needed lost income benefits and medical treatment no matter who was liable for the incident.
So, even if the employee was responsible for that accident that caused their injury, their employer is still required to provide the necessary treatment and benefits according to worker’s compensation laws in the state of Florida.
In exchange for these benefits, however, their employer will be granted tort immunity, meaning the injured worker will not be able to sue for damages even if their employer was to blame for their accident.
As with every kind of personal injury case, the endless number of variables makes your claim unique. Someone with a case that sounds very similar to yours could end up with a very different outcome than what you should expect. This is just one of the many reasons why hiring a skilled attorney is beneficial to your Florida personal injury claim.
Your attorney will know the most thorough and efficient way of collecting vital evidence that proves you were not at fault for the accident. Establishing this fact is essential to the success of your Tampa personal injury case.
If you have sustained injuries during any kind of accident that was caused by another person’s negligence or carelessness, there is evidence out there that will substantiate your claim. A reputable personal injury attorney from Fulgencio Law will be able to help you. Call us at (813) 463-0123 to schedule your free Tampa personal injury consultation today.