Pensacola Work Injury Lawyers

A workplace injury can be a life-changing event that leaves employees with medical expenses, lost wages, and uncertainty about their future. Workers’ compensation can provide financial relief, but the claims process is complicated. If you were injured while on the job, experienced Pensacola work injury lawyers can assist.

Understanding Workers’ Compensation in Florida

What Benefits Are Available Under Workers’ Compensation?

Workers’ compensation is a no-fault system that provides employees hurt on the job with a variety of essential benefits, including:

• Medical Expenses: Doctors visits, surgery, hospital stays, medication, rehabilitation, and therapy are all covered.
• Lost Wages: If you are unable to work due to injury, this provides a partial wage replacement.
• Disability Benefits: When an injury results in a temporary or permanent disability, you may be entitled to additional financial support.
• Vocational Rehabilitation: If you are unable to perform the duties of your previous job, training for new employment may be available.
• Death Benefits: If an employee dies, surviving family members may receive compensation to cover some expenses.

An experienced Pensacola work injury attorney can help assist you in getting compensation.

Many workers struggle to receive the full benefits they need after being injured on the job. Seeking legal guidance can make a significant difference. 

Common Causes of Workplace Injuries

Injuries can happen in any industry, but certain environments will pose a higher risk than others. Some of the most common reasons for workplace accidents are:

• Slips and Falls: Wet floors, uneven surfaces to walk on, or unstable ladders can lead to serious falls.
• Repetitive Strain Injuries: Repetitive tasks like typing or assembly-line work can cause issues like carpal tunnel syndrome.
• Heavy Machinery Accidents: Injuries from dangerous equipment that is improperly maintained or operated can occur at a construction or industrial job.
• Vehicle-Related Accident: Delivery drivers, truckers, and workers operating company vehicles can get injured in car crashes.
• Toxic Exposure to Hazardous Materials: Employees who work around toxic substances for long periods may suffer from health complications.

These injuries can all have lasting impacts, requiring medical attention and time away from work. If you’ve been hurt on the job, it’s important to understand your legal rights and hire a work injury attorney if necessary.

Steps to Take After a Workplace Injury

Immediate Actions to Protect Your Health and Legal Rights

If you’ve been injured while on the job, taking the right steps after an accident can help strengthen your claim and improve your chances of recovering compensation.

• Report the Injury Immediately: Florida law requires that an injury be reported within 30 days, so notify your employer as soon as possible.
• Seek Medical Attention: Even if your injuries are minor, make sure to visit an approved physician to document your recovery and treatment progress.
• Follow Your Doctor’s Orders: Make sure to follow prescribed treatment plans and take any medications necessary.
• Keep Detailed Records: Keep copies of police reports/accident reports, medical records and bills, and any correspondence related to your claim.
• Consult a Pensacola Work Injury Lawyer: An attorney can assist you with your claim and handle any disputes with insurance companies.

When you take prompt steps to ensure your claim remains valid and accurate, you are putting yourself on a path toward the care and benefits you deserve.

If you’ve been injured at work, you don’t have to file a claim alone. Caldwell Wenzel & Asthana, PC can help you fight for the benefits you deserve. Call us today at (251) 444-7000.

How Workers’ Compensation Benefits Are Calculated

After getting injured on the job, many workers wonder what kinds of compensation they may receive. Workers’ compensation benefits in Florida cover medical expenses, lost wages, and disability payments, but the exact amount will depend on several factors.

Medical Benefits

Florida law requires that employers cover all reasonable and necessary medical expenses related to a work injury. This could include:

• Emergency care
• Doctors visits
• Hospital stays
• Prescription medications
• Physical or occupational therapy
• Mental health therapy
• Surgery or other long-term treatments.

It’s important to remember that employees will have to visit an employer-approved doctor for treatment unless it is an emergency.

Temporary Disability Benefits

In cases where an injured worker is unable to return to work immediately because of recovery time, they may qualify for Temporary Total Disability (TTD) or Temporary Partial Disability (TPD).

• TTD Benefits: If you cannot work at all because of your injury, you could receive 66.67% of your average weekly wage up to Florida’s set maximum limit.
• TPD Benefits: In cases where you are able to return to work at limited capacity but will ultimately take home less than 80% of pre-injury wages, you could get part of your lost wages.

Temporary disability benefits typically last for a maximum of 104 weeks or until a doctor determines that you have reached maximum medical improvement.

Permanent Disability Benefits

When injuries are long-term or permanent impairments, Florida provides Permanent Impairment Benefits or Permanent Total Disability Benefits.

When you have a lasting injury but are still able to work in some capacity, your doctor will assign an impairment rating. The benefits you receive will be based on the percentage of your wages multiplied by the impairment level.

If your injuries completely prevent you from working, you may receive ongoing compensation until the age of 75 or for life if you don’t qualify for Social Security benefits.

Death Benefits

In the unfortunate case that a workplace accident results in a fatality, the dependents of the worker may receive death benefits, which may include:

• Up to $150,000 in compensation for dependents
• Coverage for any funeral or burial expenses
• Benefits for surviving spouses and children who are still minors.

Understanding how workers’ compensation is calculated can help injured employees advocate for themselves and the benefits they deserve. If you need help navigating a claim, consider hiring a work injury lawyer to assist you.

Challenges In Workers’ Compensation Claims

Why Are Claims Denied?

Even when a claim is filed for valid reasons, insurance companies and employers may still deny benefits for various reasons, including:

• Employers arguing that an individual got injured outside of work
• Missing a deadline
• Having insufficient proof of the injuries you sustained and the treatment you received
• An insurance company arguing that an injury existed prior to the workplace accident.

If your claim is denied, you still have options. A skilled Florida work injury lawyer can assist you in appealing the decision and fighting for your benefits.

When Can You Sue Outside Of Workers’ Compensation?

Third-Party Liability Claims

Workers’ compensation prevents employees from suing their employer directly; however, there are situations where a separate third-party claim may be possible. Some examples where this could happen include:

• If a malfunctioning piece of machinery or equipment caused your injury, you may be entitled to pursue a product liability claim against the manufacturer.
• If someone other than your employer caused the accident to occur, they could be held responsible.
• If you were injured because of a work-related car accident caused by another driver, you may be able to file a personal injury claim against them.

These third-party claims can provide additional compensation beyond what workers’ compensation allows, including pain and suffering, emotional distress, and the full extent of lost wages. An experienced attorney can help you with your case and evaluate whether you have grounds to file an additional lawsuit.

Frequently Asked Questions (FAQ) About Work Injuries

If you were injured at work, you probably have many questions about your legal rights and how the claims process works. Below are answers to some of the most common questions to help you understand what to expect.

How long do I have to file a workers’ compensation claim?

In Florida, a workplace injury has to be reported within 30 days of the incident, and a claim has to be filed within two years.

Can I choose my own doctor for treatment?

No, workers’ compensation will require employees to see an employer-approved doctor. However, in cases where you are unsatisfied with the care you’re receiving, you can request a one-time change of physician.

What if my employer retaliates against me for filing a claim?

Employers are not allowed to retaliate against workers for filing a claim. If you are faced with termination, demotion, or harassment after the fact, you may have grounds for additional legal action.

What if my claim is denied?

A denied claim can be appealed. A Pensacola work injury attorney will gather strong evidence, prevent a case knowledgeably, and represent you for hearings, if necessary.

Workers’ compensation claims are often complex, and understanding your rights is important in order to get the benefits you need.

Why Choose Us?

Experience matters. At Caldwell Wenzel & Asthana, PC, we understand the best strategies to help workers who have been injured on the job.

If you are injured while at work, it can be overwhelming to deal with the consequences, but you don’t have to go through the process alone. Let Caldwell Wenzel & Asthana, PC advocate for you and help you on the path to the compensation you need. Call (251) 444-7000 to speak with our team today.