Workers Compensation Serving Families Throughout Orlando

Orlando Workers’ Compensation Lawyers

Legally Pink Law has extensive experience dealing with workers’ compensation insurance law. The amount of detailed investigation we put into each claim we handle can make a difference in the outcome of the settlement.

As a top female workers’ compensation attorney in Central Florida, Carolyn Salzmann’s compassionate and tenacious approach, as well as her engineering mindset, gives her a unique approach to workers’ compensation claims.

To schedule a free consultation with an Orlando workers’ comp attorney at our office, call (888) 979-4941 or contact us online.

Florida Workers’ Compensation Explained

All employees have an expectation that their workplace is a safe environment, free from potential hazards that could cause injury or illness. Workers’ compensation insurance provides monetary reimbursement for medical bills, lost wages, as well as mental anguish for victims who have experienced injury or illness at their place of employment.

It’s important to note that workers’ comp is a no-fault system. With few exceptions, even when an employee’s careless behavior plays a role in their accident or illness, it may still be covered by workers’ comp if the job conditions were a contributing factor.

Florida’s workers’ compensation laws require all Florida employers to carry workers’ compensation coverage if they have more than four (4) full or part-time employees in most industries. These laws are put in place to protect employees who might experience an injury or illness at the workplace. Unfortunately, even with these laws in place, submitting a claim for workers’ compensation can be a complicated and tedious process.

4 Requirements to Qualify for Workers’ Compensation in Florida:

You must be an employee.
Your employer must carry workers’ compensation insurance.
You must have a work-related injury or illness. However, it does not have to occur at your place of work.
You must meet Florida’s 30-day deadline for reporting the injury or illness and filing a workers’ compensation claim (two years from the date of injury or within one year of the last provision of authorized medical treatment or care).

Getting Workers’ Compensation in Florida

If you or a loved one has experienced an injury or illness at your workplace, it is imperative that you follow and understand specific protocols to ensure your claim is not denied.

You are required to report your injury to your employer within thirty (30) days of your knowledge of the accident or injury, or within 30 days of a doctor determining you are suffering from a work-related injury.
If it’s an emergency and your employer isn’t available, you are entitled to go to any emergency room. You are still required to notify your employer.
By law, you must see a doctor authorized by your employer or their insurance company.
Your employer’s insurance adjuster may call within 24 hours to explain your rights and obligations.
Make sure you receive a notification letter regarding your claim.

What Does Workers’ Compensation Cover?

Workers’ compensation will usually cover the following expenses due to a workplace injury or illness:

Replacement of income (typically two-thirds of your income)
Rehabilitation
Medical and hospital costs
Death benefits, if applicable

What Happens if a Claim Is Denied?

If you or a loved one incurred losses due to an injury or illness at your place of work, you have a right to compensation. A seasoned workers’ compensation lawyer can help you appeal a denial, as well as sue the employer if they have intentionally hurt you, or if they have insufficient or no workers’ compensation insurance.

Legally Pink Law Makes a Difference

If you are suffering from an on-the-job injury, call our office today at (888) 979-4941 to arrange for a free case consultation. You can also fill out our easy online form and our office will contact you right away. We are here to help and we won’t charge until your case has been resolved.

Injuries and Illnesses that Qualify for Workers’ Compensation

Injuries at the workplace can happen suddenly – such as by falling off a ladder or losing an arm when equipment malfunctions – or it can develop over time, known as cumulative trauma injuries.

Cumulative trauma injuries are a rapidly growing type of workers’ comp claim and are often hard to establish and prove, prompting many employers and workers' compensation insurance companies to try to fight / deny them. These types of injuries are caused by repetitive, on-the-job exposures or events. Examples include wrist injuries like carpal tunnel syndrome that can result from repeatedly making the same kind of motion, or back strain that occurs from regularly lifting heavy boxes.

It can also include physical conditions that are aggravated by workplace circumstances, such as lung disease made worse by airborne chemicals, or the effects of psychological stress brought on by the job.

The rules for workers’ comp coverage can be very complicated to navigate through the claims process, and communicating with the insurance company can be daunting. If you or a loved one suffered a cumulative trauma injury, occupational illness, or stress-related physical or emotional problem because of work, you could benefit from the help of an experienced workers’ compensation attorney.

Why Hire an Attorney for a Workers’ Compensation Case?

The workers’ compensation system is complicated and requires a lot of paperwork and patience. Most cases are denied due to mistakes in filing. If a business denies liability and contests your claim, they will have their lawyers research and fight the case. Having a lawyer on your side will even the playing field.

When a case is denied, you will have the opportunity to appeal. Your case will be heard in a trial setting. It is critical that your evidence is well prepared and presented, which is why you should not wait to align yourself with an experienced workers’ compensation attorney who can aid in securing a successful outcome in your case.

In some instances, a civil claim against an employer is more appropriate than filing for workers’ compensation. That decision should be made with the consultation of a professional personal injury attorney.

Whether you have yet to file your workers’ compensation or your claim has been denied, speak to an attorney to see what your options are.

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Have Questions? GET ANSWERS

What types of damages can I claim?

In all cases, there are two general categories of damages – economic damages and non-economic damages. You can be compensated for both past and future economic and non-economic damages.
Economic damages are things such as wage loss, mileage expense to go to doctor appointments, prescription costs, co-pays on insurance, over-the-counter medications, diminution in value to your car, etc. The other category is non-economic damages, which may include things such as pain and suffering, loss of enjoyment of life, emotional distress, etc.
The non-economic damages are often greater than the economic damages if the injuries are significant enough. Consult with an attorney for a full explanation of these types of damages.
Are there deadlines for filing claims?

Yes. Under Florida law, there are very specific, detailed deadlines to file claims. If you do not meet these deadlines, you may be forever barred from bringing your claim forward.
These time restrictions are known as statutes of limitations, and they vary depending on the type of claim you are bringing. It is critical that you consult with an attorney as soon as possible after your incident so you can receive good legal advice on the time limits for filing a personal injury claim.
How can I recover lost wages?

Wage loss is paid out under your Personal Injury Protection benefit, which happens to be mandatory coverage for auto insurance in the State of Florida. There are exceptions, such as when you elected to have your wage loss reimbursement excluded on your Personal Injury Protection (PIP) benefit when you obtained your policy.
Normally, people who have their wage loss benefits excluded are those who are not employed for some reason or another. You can also elect to have a standard PIP (which covers wage loss at 60%) or extended PIP (which covers wage loss at 80%).
You will need to provide proof of income in the form of a paycheck stub, income tax return, or some other verifiable means. The remaining percentage of your wage loss not covered by your PIP insurance will become part of your claim against the defendant driver.
When cases do not involve PIP coverage, the wage loss becomes part of the demand to the at-fault party. In most cases, proof of lost income is rather simple if the injured person receives a paycheck. For our clients who are self-employed, we work very closely with them to help them assemble the necessary documentation to prove the wage loss claim. Tax returns can be helpful in instances where clients are self-employed.
How can I recover my out-of-pocket expenses?

Out-of-pocket expenses are always made part of your claim and are part of your economic damages that we seek to recover from the at-fault party. When your claim is presented to the at-fault party, we include your out-of-pocket expenses as part of the demand package.
If your case does not settle in what we call the "pre-suit phase," then your case will proceed to court where we will ask a jury for your out-of-pocket expenses as part of your economic damages on the verdict form.
Will my insurance premiums increase if I report an accident to my insurance company?

Your insurance premiums should not go up if you are not at fault for the accident. It will be part of your insurance record, but if you are not at fault, your premiums should not increase.
In most situations, your own insurance company will go after the insurance company that insures the at-fault party to recover the costs it may have paid to you for things such as car repairs or additional medical expenses.

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