Not Every Injury is Covered

Florida workers compensation laws are set in place specifically to protect both employees’ right to a safe work environment and the employer’s need to bear the financial burden of potential medical costs. Through the purchase of workers compensation insurance, employers can care for the well being of workers without the fear of litigation from an Orlando workers compensation attorney. In a no-fault state, where insurers are responsible regardless of most circumstances, workers are further protected from the event of inevitable mistakes and accidents. However, not every work-related injury or illness is necessarily covered by workers compensation law. Furthermore, specific incidents may require further investigation to determine if your claim is valid at all. Bear in mind the particular incidents where your guarantee of workers compensation may fall short or require the attention of an experienced workers compensation attorney in Orlando. 

Injuries Requiring Simple First Aid Treatment

Not every nick and cut is deserving of a run to the emergency room. In many cases, if your injury is minor enough to be treated with minor first aid then workers compensation is deemed unnecessary. Of course, some injuries can appear minor at first, and even small cuts can become dangerously infected if not properly treated. Your employer should always keep a well-stocked first aid kit, and you should report all injuries to your employer immediately.    

Injuries Caused Outside the Scope of Employment

Your workers compensation claim will be promptly denied if you are found to be guilty of any of these circumstances:

• Working under the influence of drugs or alcohol
• Acting unlawfully or committing a crime
• Self-inflicting injuries
• Fighting and horseplay
• Violating company policy

An Orlando workers compensation attorney works specifically to protect your rights as an honest employee. Dangerous errors that are shown to portray negligent behavior are not the obligation of your employer. Thusly, if you are intoxicated or being criminally irresponsible then you will be obligated for your own medical costs. Events that fall within the scope of employment can sometimes be debatable. If you are injured while traveling or returning to work from a break, a claim for workers compensation may or may not be admissible. Furthermore, if you are assaulted by a co-worker or supervisor, your Orlando personal injury lawyer may pursue your attacker and not your employer.

Heart Attacks

If you suffer a heart attack or stroke while on the job, it may be difficult to prove that your injury was a result of your work. Heart attacks are often brought on by a variety of harmful factors, including weight, diet, genetics, stress, and more. However, excessive temperatures and physical exertion can also cause a myriad of health problems that are job-related. Additionally, if such an unexpected health failure caused you to fall or hit your head, it may be difficult to assess how much medical care your employer should cover.   

When to Call an Orlando Workers Compensation Attorney

Volunteers, independent contractors, and various other employment types are not necessarily held to the same standards of workers compensation law. For your safety, always speak to your employer about the exact sort of protection you can expect. No employment of any sort has a right to put you at unreasonable risk for health and safety, so do not hesitate to contact an Orlando workers compensation lawyer if you feel you are unfairly treated. 

Speak with Your Disability Attorney in Orlando about Work

A common difficulty witnessed by disability lawyers in Orlando, FL is the frustration experienced by disabling clients who very much want to work but have trouble finding employment suitable to their physical limitations. Earning disability benefits does not restrict a person to only one income source. It is both acceptable and recommended for people with disabilities to complete at last part-time employment to supplement their existing benefits. Staying independently employed is financially useful while also improving the emotional and mental stability of people who often struggle with fatigue and depression as a result of physical disabilities.

Unfortunately, finding suitable employment in today’s economy can be difficult, worse still when physical disabilities prevent you from most jobs that require standing, lifting, or strenuous movement. Talk to a disability attorney in Orlando about any of these possible careers considered most suitable for people with physical disabilities.    

Accounting and Bookkeeping

Financial institutions are one of the leading employers of workers with disabilities. Accounting, finance management, analysis, and consulting are all high demand fields that require very little physical exertion. Furthermore, many of these jobs can be performed with flexible working hours that will not interfere with any necessary therapy or doctor’s treatments. 

Pharmaceutical Aids

Pharmaceutical companies have shown a growing trend in hiring employees with disabilities for both sales and pharmacy technicians. Again, these jobs are some that require very little physical exertion, and a firsthand familiarity with the medical field gives workers with disabilities a unique advantage. Constant record keeping and medical transcription are also highly in demand in the medical field.    

Vocational Counseling

It is no surprise that many who succeed in creating independent and financially stable careers despite physical disabilities later wish to share the knowledge they have gained. Physically disabled adults are often stressed by the confusion of doctor’s visits, medications, insurance paperwork, and hiring disability lawyers in Orlando, FL. Counseling helps provide resources, support, and advice the ease of burden of living with a disability.    

Call Center Staffing

Many call center companies provide excellent insurance benefits and are more than willing to provide specialized seating and other amenities for employees in need. Some employers even offer work-from-home settings that provide added convenience for workers whose disabilities make it difficult to leave the house.

Legal Aid or Physician’s Assistant

As an assistant position, such as paralegal or doctor’s aid, would mostly be responsible for data entry and other clerical duties that require very little physical work. Some of these jobs require only a 2-year degree or an easily obtainable certification. Disability lawyers in Orlando, FL are often pleased to employ assistants with firsthand experience in order to better serve their clients.

Computer Programming and Software

The increased demand for computer programming and coding has created employment opportunities for a variety of skill levels across the globe. Coding can be learned quickly through numerous training programs often provided by employers themselves. Living in the fast-growing digital era means that computer jobs are widely available with opportunities to work from home with very little inconvenience.   

Stay Informed of Your Claims

According to the Social Security Administration (SSA), 1 in every 4 working adults over the age of 20 will become disabled and require benefits before reaching retirement age. Unfortunately, many who become ill or injured are entirely unprepared for the confusion and complexity of claiming such benefits. Disability lawyers in Orlando, FL often do more than just handle the time-consuming paperwork of the application process. Without proper guidance from a knowledgeable professional, you may end up shorting yourself of money that you fairly deserve. Stay informed of the facts, and consult with a reliable disability attorney in Orlando to ensure that your wellbeing is protected.

How Benefits are Determined

Disability benefits are calculated with a system very similar to retirement benefits. The SSA will calculate a percentage of your Average Indexed Monthly Earnings (AIME). Credits are issued as many as 4 per year for every $1200 of annual earned income. However, applicants lose 2 credits for every 2 years below the retirement age, significantly reducing possible benefits for applicants in their 30s and 20s.

SSA Is Not Your Advisor

The system of operation for the Social Security Administration is exceedingly complex and difficult to navigate. If you rely on the employees of the SSA to fully explain the details of your possible benefits and claims, potential underlying problems, and recommended strategies, you will almost certainly encounter difficulties and possibly lose money. There is simply no reasonable way to account for all the numerous variables involved in your personal budget and financial needs when so many applicants are involved. Applicants may rely on disability lawyers in Orlando to provide personalized expert assistance that specifically suits the needs of the individual claim. Do not attempt to struggle through the confusion of disability claims alone. A single error can and will cost you time and money.

Working and Earning Benefits

When qualifying your disability claim, the SSA will require an earnings test to calculate your level of substantial gainful activity. This detail can be quite stressful for applicants who feel they will be punished if they begin even a simple part-time work. While it is true that your income could potentially lower your payment, applicants often make the mistake of seeking “under the table” income that does not get reported. However, this behavior is fraudulent and could result in a revocation of benefits or worse. Your disability attorney in Orlando will always encourage you to be completely transparent about your income, household situations, and your ongoing health. Not only changes will affect your claim negatively, and many income sources are still acceptable while claiming benefits.  

When a Doctor considers you Disabled

Just because your doctor has diagnosed you as disabled does not mean that you will automatically receive benefits. Many people apply through disability lawyers in Orlando, FL because the decision is ultimately that of the SSA. Your claim will require detailed and documented evidence of your conditions, its repercussion, and the expected length of your recovery if any. Frequent cooperation between your doctors and your disability attorney in Orlando, FL will build a more credible case for your disability claim and improve your results.  Contact us today for more information!

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.