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You Deserve Compensation

If you've been injured on the job, you may be entitled to workers' compensation benefits. At Correa & Martinez, we understand how difficult it can be to navigate the workers' compensation system. That's why we're here to help. Our experienced attorneys can guide you through the process and help you get the benefits you need and deserve. Whether you're filing a claim for the first time or appealing a denial, we're here to support you every step of the way.

Why A Workers' Compensation Attorney Is Crucial

Workers' Compensation, commonly called Workers' Comp, is a specialized insurance policy designed to provide essential benefits to employees who suffer work-related injuries or illnesses. Its primary objective is to cover medical expenses, lost wages, and rehabilitation costs, thereby protecting the rights and well-being of those who are injured or become ill during their employment.

The importance of Workers' Compensation cannot be overstated for both employees and employers. For employees, it provides peace of mind, as they know that if they are injured or fall ill while on the job, they will receive proper care. For employers, it is a powerful shield against the threat of expensive lawsuits, ensuring their injured employees receive the necessary care, recover, and eventually return to work.

However, while the program is intended to be a straightforward, self-executing statute, navigating the complexities of Workers' Compensation can be challenging, with many issues that are difficult for a layperson or even an inexperienced attorney to comprehend. As a result, it is strongly recommended that anyone dealing with a Workers' Compensation claim seek the advice of an attorney. At Correa & Martinez, consultations are free of charge.

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Types of Workers' Compensation

Lost Wages

According to Florida Statute 440, the Employer/Carrier is required to pay based on a formula that uses your Average Weekly Wage (AWW) and the 13 weeks before your accident. However, these figures are often incorrect. Lost wages are determined by authorized doctors, meaning you must receive medical care through your Workers' Compensation case to receive lost wages.

There are four types of lost wages available:

  • Temporary Total is applicable when doctors believe that you cannot perform any work at all
  • Impairment Benefits are paid when doctors feel that you have recovered from your injuries as much as possible, indicating that you have reached Maximum Medical Improvement (MMI)
  • Temporary Partial is relevant when doctors believe that you can work but with restrictions
  • Permanently and Totally Disabled is for the most severe cases where you are unable to work again

Medical Care

In addition to lost wages, the Florida Workers' Compensation system also provides medical care related to work-related injuries. This includes all reasonable and necessary medical expenses, such as:

  • Doctor visits
  • Hospitalization
  • Prescription medications
  • Rehabilitation services

If you require medical care for your injuries, it is crucial that you inform your employer as soon as possible. Failure to report your injury within 30 days of the accident can result in denying your claim.

Once you have reported your injury, your employer is required to provide you with a list of authorized medical providers. You must seek treatment from these providers unless you have been granted a one-time physician change by the Employer/Carrier or the Judge of Compensation Claims.

It is essential to follow all treatment plans prescribed by your authorized medical provider to ensure you receive the maximum benefits under the Florida Workers' Compensation system.

Claims Process

Reporting Injury

If you have been injured on the job, you must report your injury to your employer immediately. Reporting your injury promptly ensures that you receive the proper medical care and that your claim is processed on time.

When reporting your injury, provide your employer with as much information as possible. This may include the following:

  • Details about how the injury occurred
  • The date and time of the injury
  • Any witnesses who may have seen the incident

Filing Claim

To file a workers' compensation claim, complete a claim form and submit it to your employer's workers' compensation insurance carrier. Your employer should provide you with the necessary forms and instructions for completing them.

When completing your claim form, provide accurate and detailed information about your injury and how it occurred. You may also need to provide medical records and other supporting documentation to help support your claim.

Once your claim has been submitted, the insurance carrier will review your claim and may request additional information or documentation as needed. If your claim is approved, you will be notified of the benefits you are entitled to receive.

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You Do Not Need To Settle For Less

In Florida, you are not required to settle your Workers' Compensation case. Such settlements are voluntary, and it is up to the injured worker to decide whether or not to accept a settlement offer. Settlements are usually paid in a lump sum and often require injured workers to give up their jobs. It is important to note that all future benefits, including medical care, will generally be terminated with a settlement. As such, you should carefully consider all of your options before making a decision.

If you are considering a Workers' Compensation settlement, it is crucial that you understand what rights you are giving up. An experienced attorney, such as those at Correa & Martinez, can assist you in this process by reviewing the settlement offer and explaining the implications of accepting or rejecting it. They can also help you determine what a reasonable settlement amount would be based on the severity of your injuries, the amount of lost wages, and other factors.

Correa & Martinez Is Here To Help

At Correa & Martinez, we understand that your health and financial stability are on the line. That's why we work tirelessly to ensure you receive the benefits you are entitled to. We have a proven track record of success in handling workers' comp cases, and we will use our knowledge and experience to fight for you.

Our attorneys have years of experience handling workers' comp cases. We know the ins and outs of the system and can guide you through the process. Simultaneously, we understand that every case is unique. We will work with you to develop a personalized strategy that fits your specific situation.

If you have been injured on the job, don't wait. Contact Correa & Martinez today to schedule a free consultation. We are here to help you get the benefits you deserve.

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FAQs

The following are some of the most common questions we receive from our clients. Having a lawyer from the outset of your compensation claim is crucial since the answers to these questions are highly personalized to each individual's circumstances.

How do they determine how much and how often I get paid?

Do I get to choose my doctors?

What if my employer does not comply with the Work Restrictions given by the doctor?

How do they determine how much and how often I get paid?

In Florida, workers' compensation benefits are determined based on the severity of the injury and its impact on the employee's ability to work. The amount and frequency of payments are determined by a formula that considers the employee's average weekly wage and the extent of their disability. The maximum weekly benefit for injuries that occurred on or after January 1, 2020, is $971, and the minimum is $20. The length of time an employee receives benefits depends on the severity of their injury and their ability to return to work.

Do I get to choose my doctors?

Florida law requires that employers provide their employees with a list of authorized healthcare providers when choosing doctors. The employee must choose a doctor from this list for their initial treatment. However, if the employee is unsatisfied with the doctor or wishes to seek a second opinion, they may request a one-time change in the treating physician. Employees who are still unhappy with their treatment may petition the state for a physician change.

What if my employer does not comply with the Work Restrictions given by the doctor?

If an employee's employer does not comply with work restrictions given by a doctor, the employee should report this to their workers' compensation carrier. The carrier can take action to ensure that the employer complies with the restrictions and provides the employee with appropriate accommodations. If the employer continues to violate the restrictions, the employee may be entitled to additional benefits or need to file a claim with the Florida Division of Workers' Compensation.

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