How Common Errors May Impede Your Recovery Rights

If you are injured on the job, there should be no question as to your right for and just compensation for your damages. Sadly, however, when claims are improperly or carefully handled the burden of lost wages, medical bills, and ongoing therapy may lie on the shoulders of the undeserving employee. Without the aid of a competent Orlando workers compensation attorney, you may spend months battling with difficult insurers for your rightful recovery. All this is often further exacerbated by the pain and stress of coping with a serious and potentially long-term injury. Before you or a loved one is left struggling with the confusion of workers compensation errors, stay wary of these common problems.

4 Common Problems Seen By Workers Compensation Attorneys in Orlando:  

 

• Improper Claim Reporting

 

A decent employer responsible for the wellbeing of its employees will have a standard procedure for reporting injuries and specific training and regulation for tasks that fall within the understood scope of employment. If your employer is disorganized or careless in documenting any incidents involving employee injury, you may require an Orlando workers compensation attorney to thoroughly document your workplace accident. Insurers may attempt to prove that an injury sustained outside specific work requirements, such as during breaks or while violating company policy, are not the responsibility of the employer. Many state laws do include considerations for the scope of employment, but this does not necessarily refute your claim.  

Practical employers will promptly document all reported injuries even if the problems do not seem immediately severe. Such workers compensation claims must be filed in a timely manner with total accuracy or the entire claim may be thrown aside as illegitimate. Always report injuries to your employer regardless of severity or consult with a workers compensation attorney in Orlando early on, to avoid frustrating a claim with outdated information.

 

• Insufficient Doctor’s Diagnosis

 

If your injury is not properly diagnosed, your monetary recovery might be inadequate to cover the total of your medical costs. Medical treatment must be thorough in order to account for potential ongoing costs of care and recovery. Insurers will sometimes attempt to prove that a work injury was not severe or necessarily work-related. To gain a full and fair settlement you will want a comprehensive diagnosis from a dependable physician and Orlando workers compensation attorney.  

 

• Insufficient employer Support

 

Many companies offer Back-to-Work programs to aid injured employees in maintaining employment during temporary periods of disability. By providing part-time work with reduced responsibilities, employers are able to lessen the financial strain of lost wages. Even without such a program, your employer should be involved with monitoring the status of claims to ensure the wellbeing of employees.

 

• Improper Case Review

 

Unfortunately, not all employees are entirely aware of their rights regarding workers compensation. Insurers will attempt to breeze quickly over your claim and push for a minimal settlement before you have time to fully understand your needs.  Always have your case reviewed by a qualified workers compensation attorney in Orlando or whatever city you choose and help obtain the maximum fair recovery for your workplace injuries.

Crucial Differences for Workers Compensation and Wrongful Death

If you are injured on the job, a workers compensation attorney in Orlando may quickly guide you through the many claims you are entitled to in regards to your health and recovery. By law, employers are responsible for medical bills, ongoing treatment, and lost wages of their injured employees. However, what is an employer’s obligations in the most tragic incidents where an employee suffers a fatal injury. Also, what is to become of the surviving family, and what rights do they have towards fair compensation?

The Occupational Safety and Health Administration (OSHA) has strict regulations for employers of various industries, especially in construction, agriculture, and other notoriously dangerous occupations. Employers found in violation of these safety standards, particularly to the detriment of an employee, are often forced to pay serious penalties and fines for such negligence. Likewise, an Orlando workers compensation attorney may sometimes be necessary to obtain the maximum full fair settlement of such a case. Truly, no amount of monetary award can fully justify the unanticipated loss of a loved one, and such is why so many standards and statutes exist in regards to this all too common tragedy.   

The Rule of “Exclusive Remedy”

The establishing of workers compensation law in the Industrial Age served not only to benefit injured employees and their immediate family but also to spare employers of the financial strain and stress of a frequent lawsuit. Florida businesses rely on an insurance company to automatically assume the liability of injured workers regardless of circumstances, thus essentially developing immunity through an Orlando workers compensation attorney while guaranteeing the welfare of employees. In return, injured employees agree to an “exclusive remedy”, accepting the insurer’s settlement and waiving the right to further sue for damages in civil court.

Even in cases where employers are directly negligent, most businesses rely on supplementary liability insurance for cases involving negligence. This insurance acts as coverage for situations where the employers or coworkers are found irrefutably at fault. A workers compensation attorney in Orlando will often deal directly with the insurer, not the employer.   

Morales v Zenith Ins Co

A recent and largely controversial case in 2014 challenged but ultimately upheld the constitutionality of exclusive remedy. In this case, an employee was crushed and killed by a fallen tree. His surviving spouse accepted an initial settlement for workers compensation but later placed a liability claim under the charge that her husband’s employer’s negligence had directly led to the untimely accident. She was initially approved over $9 million dollars, but the insurance company appealed the ruling to the higher courts, having already paid to the wife her “exclusive remedy”. The Florida Supreme Court eventually overturned the ruling and upheld the exclusive remedy statute as constitutional.        

Important Factors to Discuss With an Orlando Workers Compensation Attorney

When a worker is killed on the job, the surviving family is undoubtedly owed compensation for their burden. In most cases, insurers will almost always cover the cost of burial expenses, but wage compensation can also be claimed especially if the surviving family was dependent on such income. The difficulty often arises in proving liability. In the famous Escola v Coca-Cola Bottling Co, the injured waitress sues not her employer but the manufacturer that produced a faulty and dangerous product. Many wrongful death cases can be traced back to faulty equipment, requiring either a personal injury lawyer or an Orlando workers compensation attorney to deal with the legal death claims. Have a professional carefully review the details of any wrongful death to ensure the correct party is held liable.    

Added Risks for Workers Toiling Under the Sun

Every occupation carries its own types of risks and possible injuries, particularly those involving manual labor and the use of heavy machinery. However, in the peak of summer when record high temperatures combine with a suffocating humidity, employees left to work outdoors in the stifling heat face a new and dangerous work hazard. Heat-related injuries and death account for thousands of hospitalizations every year, many of which require the counsel of an Orlando workers compensation attorney. Although heat exhaustion can be easily prevented with proper diligence, neglectful employers will sometimes put their workers at risk and suffer serious consequences.     

Dangerous Jobs Made More Dangerous

The symptoms of dehydration and heat exhaustion cause headaches, dizziness, nausea, and confusion. The resulting muscle weakness, cramps, and spasms can cause a worker to become clumsy and dangerously disoriented. Often by the time such symptoms are noticeable, an immense risk of injury already exists. An experienced workers compensation attorney in Orlando will point out the employer’s responsibility to closely monitor the well-being of workers during high temperatures.

The most dangerous summertime occupations include:

• Roofers – The risk of falls and accidents is substantially higher during summer months.
• Road Crews – Many road crews work at night to avoid intense daytime heat, but now face the added risk of negligent drivers.
• Farmers
• Landscapers
• Construction Workers

A busy tourist season also contributes to a few of these dangerous work hazards. Heavy traffic and dense crowds of distracted visitors are a common problem when working outdoors.   

Orlando Workers Compensation Attorney for Injured Minors

Many teens will find seasonal work during the summer months in a variety of industries, including those listed above. Studies report that a teenage worker is killed on the job in the United States every 14 days. A workplace injury to a minor occurs every 9 minutes. One such cause for this unfortunate statistic is that employers will allow younger and more active employees to take on the more challenging tasks, resulting in added risk to the well-being of minors.

To dissuade such negligence, the state of Florida specifies added compensation benefits for injured workers under the age of 19. A partial or permanent disability is significantly more costly when the victim is a minor. Always consult immediately with a workers compensation attorney in Orlando if your son or daughter is injured during a summer job.     

OSHA Safety Prevention and Standards

The Occupational Safety and Health Administration (OSHA) leads an annual preventative program specifically targeted towards outdoor laborers working in extreme summer heat. Regulation standards require that employers provide adequate drinking water, shade, and reasonable breaks to rest from work in the sun. It is the duty of the supervisor to remain aware of when workers are in of respite and to formally post a plan to treating and preventing heat-related illnesses. Every knowledgeable worker’s compensation attorney in Orlando is prepared to build a case in response to summer injuries and heat-related illnesses.

What makes a person considered disabled?

The Social Security Administration defines disability in the following way:

“… the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”

In other words, any condition or illness that limits your ability to work for more than a year is qualified to claim disability. This includes a wide range of impairments from cancer and schizophrenia to spinal injuries, brain trauma, and everything in between. Some conditions, like blindness, are easy to prove and can clearly inhibit a person’s work ability, but some cases are more difficult to accurately assess and require guidance from an experienced disability attorney in Orlando to make a veritable claim.

Who determines disability status?

The SSA uses a 5 step process to determine eligibility and benefits.

• • Step 1. An applicant’s income and work activity are evaluated to determine if he or she is above the SGA limit. 
  • Step 2. The severity and expected duration of the applicant’s condition are assessed. 
  • Step 3. The applicant’s condition is compared to the severity of disabilities listed in the blue book.
  • Step 4. The applicant’s work history is evaluated to determine that he or she is unable to reasonably continue work or begin new work.
  • Step 5. The SSA must prove if adjustments can be made to the applicant’s work in order to continue employment.

What is Substantial Gainful Activity?

The SSA uses a standard of substantial gainful activity (SGA) to determine if an applicant’s income is sufficiently hindered enough to claim benefits. In general, if you are unable to earn more than $1,170 per month than you are below the SGA limit.

Can I qualify for automatic approval?

The SSA official Listing of Medical Impairments, also known as the blue book, specifically lists all physical and mental impairments considered to be legally disabling. If you are diagnosed with a condition included on this list, you automatically considered eligible to receive benefits.

Can I still qualify for benefits, even if my condition is not listed as a known disability?

Yes. Any condition that impairs your ability to work is reputable grounds for a claim. Disability lawyers in Orlando, FL can assist you with collecting the necessary evidence to prove your case.

Does my disability have to be permanent?

No, if you have suffered from your condition for at least 12 months, or if your condition is expected to last more than a year, then you have a right to claim benefits. 

Can I still work and claim benefits?

Yes. You may work while collecting benefits as long as your monthly income is not above the set SGA limit. There are certain exceptions for specific cases, so be sure to go over this with your disability attorney in Orlando.

Once denied, can I reapply?

Yes. 90 percent of disability applicants are denied and must reapply.

Do I need to hire an Orlando disability attorney?

In most cases, yes. Multiple cases of fraud make the application process detailed and often difficult, with many possible causes for denial. A single overlooked document, missed appointment, or lost piece of evidence will force you to start the entire process over again. Guidance from qualified disability lawyers in Orlando, FL will oversee all the necessary details and save you time and hassle.

One of the most prevalent difficulties for both employers and employees involves the full knowledge and understanding of workers compensation in Florida. Consulting with a qualified Orlando workers compensation attorney can quickly clear up most fallacies, but all too often people learn of these common errors when it is too late. Below are some of the most frequently heard myths about workers compensation.

Employees are Covered by Orlando Workers Compensation for All Injuries

Agricultural workers, domestic workers, and independent contractors are not covered by the same labor laws and workers compensation mandates as other workers. These regulations vary from state to state as well, so it is wise to speak to your employer about insurance coverage when you are hired.

Certain types of injuries may be difficult to claim under Orlando workers compensation if it cannot be made clear that your injury was part of your work. For example, if you suffer a heart attack or stroke while on the clock, you may have to prove that this incident was a direct result of your work and not an unfortunate coincidence.    

People Claim Workers Comp Because They Do Not Want to Work

Recent studies have shown that most employees are eager and willing to return to work during their recovery. Companies that offer “back to work” programs, provide less strenuous transitional duties during recovery periods, and check in regularly on the well-being of injured employees  see a larger percentage of those employees returning to their original employment. Furthermore, these same businesses end up owing less money towards missed wages.

A large number of injured workers enjoy the routine and familiarity of the workplace and want a return to normalcy without the stress of hiring an Orlando workers compensation attorney. While people tend to believe that fraud is a regularly occurring event, studies have shown that fewer than 2 percent of workers compensation claims are proven fraudulent.  

Workers Compensation is Expensive for Employers

Not only is workers compensation both affordable and valuable for employers but the entire concept was created in order to benefit and protect employers. Before the establishment of this specialty insurance in the United States in the early 20th century, injured workers would sue their employers directly in court. The process was time-consuming, costly, and stressful. Today, when you claim work-related injuries, you are not suing your employer. Instead your Orlando workers compensation attorney will file a ‘Petition of Benefits’ to the insurer of your employer.

My Employer Will File My Claim

Your employer is only required to report your injury to the insurer. Every step taken further in obtaining your claim is the responsibility of you and your Orlando workers compensation attorney.

I Cannot Claim Compensation If It Is My Fault

The Florida Workers Compensation Act mandates that all workplace injuries are protected on a strict “no-fault” basis. Exceptions do exist, however, for cases of extreme negligence. If, for example, a drug test reveals that you were intoxicated at the time of your injury, you will not be eligible for benefits. Also if your employer were to injure you not by accident but in a deliberate attempt to harm you, “employer immunity” would no longer be enacted, and you could sue your employer directly (perhaps trade your Orlando workers compensation attorney for a personal injury lawyer).

I Cannot Claim Compensation As 1099 Employee

Independent contractors are not covered by the same regulations as other employees, but many employers misleadingly have their employees sign 1099s when they do not, in fact, meet the criteria for independent contractors.