Injured At Work? What Are Your Options?
Thousands of people are injured at work every year in the state of Florida. Often, they do not know what to do when this happens and sometimes miss their opportunity to be “made whole” through the legal system.
Our personal injury attorneys want you to know that you have options. There are laws in this state to protect you, but they have time restrictions. For you to get the compensation you deserve, you must work within the restraints of the law. Therefore, it is important to have a personal injury attorney in your corner.
What To Do When You Are Injured
Within 30 days of being injured, you must notify your employer of your injury. They may ask you to fill out a First Notice of Injury form for his insurance company. If your employer does, list every detail of your injury even if you do not think it is significant. There are times when an injury seems minor, and later it becomes major. Insurance companies will try to fight those types of injuries.
What Will I Be Paid For?
If the company has Workmen’s Compensation, they will send you to their doctors for treatment. They are responsible for paying for your medical care, therapy, x-rays, and medications. If you do not approve of the doctor’s care, you have a one-time option of requesting a different doctor.
They must also pay you .44 cents per mile for travel to and from the doctor. If in-home care and assistance are required, the doctor must provide the insurance company with a prescription for it, and they will pay for that as well.
The insurance company will take the prior 13 weeks of your pay (including bonuses) to arrive at an average of your monthly pay. This is the figure they will use to provide monthly compensation for missed work. There are times when the 13 weeks do not reflect the entirety of your salary and other steps are taken to ensure you are paid correctly.
You may be deemed temporarily or permanently disabled from your injury, and there are guides to ensure the employee gets some compensation after they have reached their maximum insurance benefit. Workman’s Compensation does not pay for pain and suffering. This is when you really need the help of an attorney.
What About Wrongful Death?
If the injury caused death, or if death occurs after continuous treatment within five years of the injury, the insurance company must pay the family a minimum of $150,000.00 and $7,500 toward burial expenses. In some cases, children and grandchildren may receive payments as well.
Workmen’s Compensation is not a pleasant experience, and sometimes the employee feels as if they’re not getting treated correctly. There are times when the employee must change their job of choice due to their new physical status. Sometimes there is a third party involved in the injury (such as a delivery driver). These situations are confusing, and the assistance of a personal injury attorney is the best thing the employee can do for their own peace of mind.