Some people like to describe the American dream as the ability to find gainful employment and create a better life for their children. But what happens when someone is hurt on the job, and can no longer provide for their family? Imagine losing your job – what comes next – failure to pay the mortgage, possible foreclosure?
This does not have to be the case for you. Depending on the facts of your case, there may be ways to use the legal system to your advantage by filing a workers’ compensation claim.
Workers’ compensation laws were developed with this dilemma in mind. If you have been hurt on the job or suffered an illness due to employment, contact a Clearwater workers’ compensation lawyer for a consultation as soon as possible. Skilled injury attorneys in Clearwater can help you pursue necessary compensation. En Español.
Defining Workers’ Compensation
According to the Bureau of Labor Statistics, there were 2,905,900 recordable nonfatal injuries and illnesses in 2015; there were 4,836 fatalities. If workers’ compensation did not exist, millions of lives would be detrimentally affected. When an individual is unable to work, not only does that person suffer, but so do the loved ones, family, friends, and all others that depend upon that individual for financial support. Workers’ compensation was designed to make the accident victim whole – not to place that person in any better or worse position than they were in if the accident never happened. Accidents happen every day. That is where workers’ compensation comes into play. Workers’ compensation insurance provides financial compensation and/or medical assistance to workers who are injured or that become ill as a result of employment.
Employers regularly make payments to this insurance, so that the employers’ workers are covered in the event of a covered loss. The insurance is normally run by a state government administration known as the Workers’ Compensation Board.
Filing a Claim
If the employer agrees that the claim is work-related, financial compensation may be awarded to the victim. The reality is that real workers’ compensation claims are denied every day. Some employers or insurance carriers will disagree with the victim that claims that the particular injury or illness in question is the result of a work-related event.
A workers’ compensation attorney can assist the accident victim with resolving the dispute. This often requires filing paperwork and, in some cases, the production of evidence to substantiate the claim.
A workers’ compensation attorney can speak to insurance carriers for the victim, thereby preventing unnecessary stress, frustration, and confusion by acting as a middleman for the claim. The attorney can also assist with properly documenting the claim. This may involve gathering evidence, recommending medical treatment, and evaluating settlement opportunities.
Working with a Clearwater Workers’ Compensation Attorney
Do not delay in calling a Clearwater workers’ compensation attorney to learn about your legal rights and responsibilities. The legislature has set a strict time limit for filing a workers’ compensation claim in Florida. A workers’ compensation claim must be filed within two years of the injury or, if after the initial two years expired, within one year of the last compensation payment for medical care.
Failure to comply with this provision of the law results in the inability to ever file a workers’ compensation claim for that injury or occurrence ever again. Contact a Clearwater workers’ compensation lawyer for an initial consultation and to learn about other ways to resolve your case prior to trial.