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Daytona Beach Legal News - Workers’ Compensation

The Law Office of Paul Bernardini

Workplace Injuries – Florida Workers’ Compensation Law

Florida Workers’ Compensation is company-funded insurance that covers most, but not all, employee’s injuries on the job. Compensation may include the following:

• Medical and rehabilitation expenses, such as doctors, hospitals, medication, and rehab
• Income replacement for disabled workers
• Lump sum payments for workers left with permanent partial disabilities
• Survivor benefits, both income replacement and lump sum for funeral expenses

In exchange for this coverage, the employee agrees not to sue his or her employer for negligence. Workers’ Compensation does not cover your injuries sustained under these circumstances:

• You were intoxicated with alcohol or illegal drugs;
• Your injuries were self-inflicted;
• You started a fight and were injured;
• Your conduct violated company policy; and/or
• You were not on the job.

If you have been injured on the job, the law requires that you report your job-related injury within 30 days of your knowledge of the accident or injury. You will have to see a doctor authorized by your employer or the insurance company.

Workers’ Compensation Law is a complex process and it is difficult to navigate without someone in your corner. It’s the classic case of the big insurance companies against the injured party – you, the claimant – and it’s tough to do alone. The very least you should do is consult an attorney, and our consultations are always free. Call 386-258-3453, and we’ll be happy to discuss your options.

Workers' Compensation

The difficulty of having an attorney help you in a Workmans' Compensation case:

Castillanos v. Next Door Company, 38 Fla.L.Weekly D2232 (October 23, 2013), is a good example why people injured at work sometimes have difficulty obtaining a lawyer.  The attorney spent 107 hours of legal work which was reasonably necessary to secure benefits for the claimants that the claimant was clearly entitled to receive.  He received an attorneys fee of $167.54.