You Have a Right to Be Compensated
If you suffer from any manner of debilitating injury- spinal cord injury, amputation, head injury, severe burns, or blindness- due to a work related accident, it is the duty of your employer to recognize that your ability to earn fair wages has been compromised. If your employer or insurance carrier is neglecting to ensure that you receive due compensation, you may rely on the assistance of an Orlando workers’ compensation attorney.
“In the case of total disability adjudged to be permanent, 66 2/3 percent of the average weekly wages shall be paid to the employee during the continuance of such total disability. No compensation shall be payable under this section if the employee is engaged in, or is physically capable of engaging in at least sedentary employment…In the following cases, an injured employee is presumed to be permanently and totally disabled unless the employer or carrier establishes that the employee is physically capable of engaging in at least sedentary employment within a 50-mile radius of the employee’s residence” Florida Statute § 440.15(1a-b)
Florida Statute 440 describes in detail your right to collect compensation and defines compensation as “the money allowance payable to an employee or to his or her dependents.” In the event of a work-related injury, your employer has the right to provide you with a work environment that is better suited to your disability, but if the damage is so severe that you are incapable of reasonably maintaining your normal employment, then you and the loved ones that depend on you are entitled to due compensation. Disability lawyers in Orlando, FL know that as long as you are completely unable to perform your work, you have a right to obtain 2/3 of your average weekly loss wages while you recover.
If You Are Permanently Injured
Do not be hesitant in consulting a worker’s compensation attorney in Orlando when your recovery may have a drastic effect on your long term well being. As specified by Florida Statute §440.15(2), if you are still incapacitated by a work-related injury after 104 weeks (2 years) or if your injuries have healed as well as possible but still hinder your ability to work, you have a right to claim permanent impairment. A 3 member panel of qualified physicians will determine your rating of impairment, and once your disability has been confirmed, you are due to receive benefits within 14 days.
“…an employee who has sustained the loss of an arm, leg, hand, or foot, has been rendered a paraplegic, paraparetic, quadriplegic, or quadriparetic, or has lost the sight of both eyes shall be paid temporary total disability of 80 percent of her or his average weekly wage. The increased temporary total disability compensation provided for in this paragraph must not extend beyond 6 months from the date of the accident; however, such benefits shall not be due or payable if the employee is eligible for, entitled to, or collecting permanent total disability benefits.” Florida Statute §440.15(2)
In many cases, it is reasonable and possible for employers to make adjustments to provide for disabled employees. However, you still maintain the right to earn the wages you deserve and receive supplemental support if your injuries have interfered greatly with your productivity. You may require the assistance of a disability attorney in Orlando if you are able to return to work but struggling to produce the same income upon which you were previously reliant.
“When an employee returns to work with the restrictions resulting from the accident and is earning wages less than 80 percent of the preinjury average weekly wage, the first installment of temporary partial disability benefits is due 7 days after the last date of the postinjury employer’s first biweekly work week.” Florida Statute §440.15(4c)
Recovery, Your Loved Ones, and Your Protected Rights
Florida Statute §440.13(2a-b) specifies that your employer is obligated by law to ensure that you have access to any and all resources deemed medically necessary to your recovery, including hourly wages for paid attendant care. This includes hourly wages for any family member that may be forced to miss work or leave employment to act as your caregiver. When your recovery can affect your loved ones and your home life, hiring the right Orlando workers’ compensation attorney can prevent increased suffering by ensuring that everyone involved is properly compensated, covered by adequate resources to make your recovery as beneficial as possible. No hard working American should leave for work concerned about the consequences of an unexpected accident while in their employer’s care. You have a right to be properly cared for and, fortunately, access to the best disability lawyers in Orlando, FL.
