Best Workers’ Comp Lawyers Jacksonville, FL Of 2024 – Forbes Advisor – Technologist
Workers’ compensation laws differ by state. Florida has some of the more unusual workers’ compensation laws. The laws are relatively broad, protecting the vast majority of workers in the state, but reasonably light on benefits.
Furthermore, the procedure is complicated enough that many eligible parties will likely never get the funds they are due. This is why many claimants hire Jacksonville workers’ compensation attorneys to help them file a claim.
Jacksonville lawyers who focus on workers’ compensation understand the process better and will seek to help their clients get the most compensation the law allows.
Who Is Protected By Workers’ Compensation Laws in Jacksonville, FL?
Almost everyone who works in the state is eligible for workers’ compensation. Any company that employs five or more employees must maintain workers’ compensation insurance for all employees, regardless of whether they are full-time or part-time. There are a few minor exceptions to this rule:
- Construction companies. All construction companies are required to maintain workers’ compensation insurance, no matter how many people are employed.
- Agricultural companies. Agricultural companies are exempt from maintaining workers’ compensation insurance if they employ fewer than seven full-time employees and fewer than 13 seasonal employees.
- Corporate officers. Corporate officers may choose to exempt themselves from workers’ compensation benefits, even if the rest of the company must be covered.
A workers’ compensation lawyer can help you evaluate whether the company you work for is required to provide workers’ compensation coverage.
Workers’ Rights Under Jacksonville, FL, Workers’ Comp Laws
If a worker is injured while performing paid work duties, regardless of whether they are at a worksite, they have the right to receive compensation for that injury. This compensation covers the cost of medical treatment and partially covers the cost of their wages or salary if the injury leaves them temporarily partially or fully impaired. Workers also have the right to receive additional compensation if permanently impaired.
To take advantage of these rights, workers must promptly and honestly notify their employer (and insurance company) of the injury and how it occurred.
Filing Process for Workers’ Compensation in Jacksonville, FL
There are two main reporting requirements for obtaining workers’ compensation. First, you must inform your employer within 30 days of suffering an injury while working. Second, you must generally petition for benefits within two years of suffering the injury.
Typically, your employer will notify their insurance company promptly after you notify them of an injury. Then, the insurance company will contact you to investigate the claim and begin paying benefits. If your claim is denied, you can petition for benefits through the courts. This lawsuit forces the insurance company to pay you workers’ compensation benefits.
If the insurance company approves the claim, your medical bills will be fully covered, and you will receive wage relief equal to approximately 66.67% of your full-time wages. The first seven days aren’t covered if the injury causes you to miss 21 days or fewer.
Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in Jacksonville
What are your options if your employer doesn’t have workers’ compensation insurance and you are injured on the job?
The first thing you should do is contact a workers’ comp attorney in Jacksonville. They will help you navigate your options and direct you to alternatives. Also, since you will likely have to petition the courts for relief, you will want to be represented by a lawyer as soon as possible.
This process is easiest if your workplace is required to maintain workers’ compensation insurance. In that case, you are entitled to compensation, regardless of whether your employer’s negligence resulted in your injury.
If your employer was exempt from maintaining workers’ compensation insurance, you may still be able to pursue damages in court. However, this requires you to file a personal injury claim based on negligence.
For example, if your employer required you to drive a vehicle that wasn’t properly maintained, they would likely be responsible for any injuries you suffered if that poor maintenance resulted in an accident.
Finally, you might have to rely on your health or auto insurance (whichever is applicable). Health insurance typically doesn’t cover lost wages but will pay for medical bills. Car insurance usually will cover some lost wages if injuries sustained in a car accident prevent you from working. An experienced workers’ comp attorney in Jacksonville can help you find other options.