Worker's Compensation | Gibney Law | Work Injury Litigation
lawyers for workers compensation
Have You Been Injured In the Workplace?
Workers Compensation Law
It is an unfortunate fact that many workers in the North Florida, South Georgia region will become injured, disabled or even die in work
related incidents. The Florida Workers Compensation system was established to help injured employees and their families overcome the
financial hardships that on the job injuries can cause. If you are the victim of a workplace accident, or one that happened outside of the
office but during work hours, the first thing you must do is get the immediate medical attention you need. At the same time or as soon
as possible, you need to notify your employer of the accident.
Florida Workers Compensation Overview
Under Florida's workers' compensation laws, an injured worker is generally entitled to one
of two types of work compensation benefits.
First, the injured worker can seek the recovery of payments for medically necessary
remedial treatments, general care and attendance to include prescribed medications and
any medical devices ordered by the work-comp doctor.
The second category of workers' compensation benefits includes payment of money and
indemnity benefits for reparation of a work-related disability. Payments for workers'
compensation benefits do not include compensation for the victim's pain and suffering,
Why Should I Consult an Experienced Workers'
Compensation Lawyer
At the Law Office of L. Jack Gibney, our initial consultation concerns itself with getting
workers' compensation based on the injury or illness you suffered on the job and your
work situation. According to Florida state law, most employees will be qualified for
workers' compensation but there are exceptions. We can quickly determine if you
have a valid claim for compensation and what your benefits should be. Once your
eligibility is confirmed, there are many rules to be adhered to and forms to correctly fill
out in order to successfully file your claim.
Time limits have been established which govern the reporting of an injury to your
employer and to the proper filing of your claim. Your employer is also required to
report the accident to the insurance company within a specified period of time.
Certain medical documentation will need to be made part of your claim and specific
forms are to be used if permanent disability is being claimed. Workers' comp benefits
are routinely denied and by using a skilled attorney, the usual errors that cause claims
to be turned back can be avoided. This may speed up the time it takes to get the
benefits you need and deserve.
If you are injured on the job, it is imperative that you take steps to protect your
future. Considering the complex nature of Workers' Compensation claims, it's best to
consult an attorney as soon as possible after your injury, even if you completely trust
your employer.
Workers' Compensation is a tricky subject, legally speaking. It is based on laws that
were passed to protect employees in the event of a sidelining injury that causes
physical trauma and renders them unable to work. While virtually every employer
carries this insurance, it is full of pitfalls and caveats that most employers and
insurance adjusters exploit to their advantageand your disadvantage.
Common Workers' Comp Injuries
Florida Workers' Compensation Benefits
When you receive Workers' Compensation benefits in the State of Florida, you may be
entitled to:
Free medical care from an approved doctor. If are you unsatisfied with the doctor,
you are entitled to a one-time change of choice of doctor.
Lost wages for the period of time during which you are unable to work.
Attendant care, should you need assistance with activities such as bathing,
grooming and cleaning.
Compensation for any remaining permanent injury once you have reached
maximum medical recovery.
A personal injury claim including Florida no-fault insurance benefits if your injury at
work was caused by someone other than your employer.
What if your claim is denied?
Commonly, valid claims are denied because they were not filed in time, they did not
Financial Compensation for Injured Workers
The Law Office of L. Jack Gibney addresses all workers' compensation situations from
filing your complaint, to seeking to favorably resolve a denied claim, through to seeing
that your payments are made on time and in full. Once your claim has been approved,
there may be many questions you may have regarding the compensation you are owed.
Using a knowledgeable personal injury lawyer not only increases the likelihood of getting
your claim approved and payments started, but any questions that you have along the
way can be clearly and factually answered.
Workers Compensation Benefits and Third Party
In addition to the compensation a workplace injury victim may be entitled to under
workers compensation laws and Social Security disability, an additional negligence action
may be taken against a negligent third party. The injured worker may be eligible to
collect damages if he/she can prove that the third party in any way caused the
accident. Employees injured by negligence may do one of the following:
Victims may elect to file a claim for workers compensation
Victims may file a civil suit against the third party for negligence
for workers compensation benefits from your employer insurance company. However,
workers compensation doesn cover everything. It does not compensate you for pain
and suffering, for disfigurement, or wage loss beyond the limits of workers
compensation. You may file a personal injury lawsuit against the product manufacturer
to recover additional damages.
Learn more about third party Negligence.
Obtaining Payments
Normally, you will not be paid for the first 7 days of your disability. If your disability lasts
longer than 21 days, your insurance company may pay you for the first 7 days. Your
first check should be received within 21 days after reporting the injury to your
employer. If this does not occur, we work to find out why the payment was not
up to $150,000 in death benefits may also be given to eligible spouses and children.
There are many facts to know so that you can manage this difficult time as best as
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