Orlando Workers' Compensation Lawyers

Workers’ Comp Attorneys Proudly Serving Florida

The workers’ compensation system is composed of rules that vary between states and whose outcomes depend on complex procedures. Because insurance companies know the system and how to manipulate it, it can be unfair to injured and ill workers. That’s where the experienced and principled Orlando workers’ compensation lawyers at Colling Gilbert Wright can help you.

Workers’ compensation benefits are designed to provide financial relief to workers who have suffered an injury or become ill due to their work conditions or setting. Nearly every employer in the state of Florida is required to carry workers’ compensation insurance to provide compensation for lost wages and medical bills.

If you were hurt on the job, our workers’ compensation lawyers will review every aspect of your claim to make sure you are treated fairly and receive the compensation you need and deserve for your work-related ailment. During a FREE consultation, we will assess your claim and devise a plan of action.

Please contact us online or give us a call at (407) 712-7300 to get started. We proudly serve our neighbors in Orlando and throughout Florida.

Who is Entitled to Workers’ Compensation Benefits?
Your Responsibility
Florida Workers’ Compensation Laws and Benefits
Common Workplace Injuries
What to do Following a Workplace Injury
When to Hire a Workers’ Comp Lawyer
Frequently Asked Questions

Who is Entitled to Workers’ Compensation Benefits?

Florida law requires that every employer with 4 or more employees carry workers’ compensation insurance. In the construction industry, even if there is only one employee, the employer still needs to carry workers’ compensation coverage.

Only employees are eligible for benefits. According to Florida Workers’ Compensation Law § 440.02, this includes anyone who is:

Full-time workers
Part-time workers
Aliens (lawfully or unlawfully employed)
Minors
Prisoners on a work-release program
Those under appointment or contract, whether it be oral or written

You are not considered an employee and will not qualify for benefits (unless your employer voluntarily provides workers’ compensation coverage) if you are:

An independent contractor
A professional athlete
A domestic worker or nanny in a private home
A volunteer, except volunteers working for “the state or a county, municipality, or other governmental entity”
A casual laborer hired for a specific job that does not last more than 10 days

As an employee, your injury must arise “out of work performed in the course and the scope of employment” for it to be covered by workers’ compensation. In other words, your injury must occur while you are involved in an activity directly related to your job.

You will not be covered if you’re “going to or coming from” the workplace unless you are asked to execute a specific duty en route or if you were hurt during lunch or on a break. A consultation with a workers’ comp attorney can help to establish whether your claim is viable and what type of evidence you will need to prove it.

Your Responsibility

If you’re injured on the job, it’s your responsibility to notify the employer of the injury within 30 days of either:

The date you were injured
The date when the effects of your injury became apparent
The date that a medical professional first diagnosed or discovered your injury

You could be denied benefits indefinitely if you do not meet this deadline. However, failure to meet these requirements does not automatically mean you’re not covered in these instances.

Your employer is required to report your injury to the insurance company within 7 days. This initiates the official workers’ comp claim process. As an employee, you must file within 2 years of your injury or illness or risk losing out on your benefits. This gives you limited time to consult with a workers’ comp attorney and assemble a strong claim.

Florida Workers’ Compensation Laws and Benefits

In Florida, the workers’ compensation system is compulsory. This means employers must pay workers’ compensation insurance for all their employees. This type of insurance can be provided through a private insurance carrier or the employer’s own insurance company.

Special Situations

Employers with fewer than 4 employees are excused from Florida workers’ compensation law. A majority of agricultural employers must provide coverage for their agricultural employees, though some small employers may be excluded. Employers can opt to provide workers’ compensation coverage for domestic servants, such as nannies and housekeepers.

Physician Choice

In some cases, you may choose your physician from a list provided by your employer. In other situations, your employer may designate which doctor you must visit. After you reach maximum medical improvement (MMI), you will be required to pay a $10 patient co-pay for all medical services.

Disability Benefits

Payments are made for temporary total disability (TTD) in a sum that is 2/3 of your wages at the time of the accident, or, in cases of critical or catastrophic injury, you may receive as much as 80% of your wages for up to six months following your accident. The TTD benefits are subject to a weekly maximum payment amount and may continue for no longer than 104 weeks.

Your disability will be described as a temporary partial disability (TPD) if you can return to work with temporary physical restrictions and earn reduced wages or no wages at all. In cases where you are able to return to work earning a reduced wage, you will receive the difference between 80% of your wages and your earnings after your injury.

Payments for permanent total disability (PTD) are also based on a percentage of your wages and, like TTD, are subject to a weekly maximum payment amount. The PTD payments will continue for as long as you are disabled, but in most cases, these benefits stop at age 75.

You may also receive benefits for:

Physical rehabilitation benefits
Vocational rehabilitation benefits

The benefits for which you are eligible depend heavily on the severity, circumstances, and date of your accident. Generally speaking, you are entitled to any necessary medical and related treatment. You may also be eligible for any lost wages while you are unable to work, typically at a reduced rate.

Also, depending on your age, education, work history, and permanent work restrictions, or if you can no longer work, you may be eligible to receive permanent total disability benefits. If you remain totally or partially disabled, you may be entitled to Social Security disability benefits as well.

Death Benefits

Death benefits may be collected by a surviving spouse or children. Like the other benefits, death benefits are based on a percentage of the deceased employee’s wages and are subject to a cap of $150,000. Funeral expenses up to $7500 for the victim’s family are also available.

Common Workplace Injuries

Unfortunately, any type of injury is possible in the workplace or at a job site, depending on the circumstances and the industry in which you work.

Some common specific injuries include:

Joint Injuries: Because of the demands for flexibility, joints are highly susceptible to injury. When these injuries occur, they can be painful and debilitating, often require surgery, and heal slowly. Any joint injury requiring surgery and/or extended convalescence is eligible for benefits through workers’ compensation.
Back Injuries: These are some of the most common and, oftentimes, most serious injuries. An event like a slip and fall or lifting an object that is too heavy can trigger a back injury. Other times, repetitive actions like bending and lifting all day every day can cause a back injury. Pre-existing conditions can also be aggravated by routine activities at work.
Stress Fractures: These injuries are caused by overuse when the muscles grow fatigued and cannot absorb the additional shock of hard work or heavy lifting. With time, the fatigued muscle will transfer the overload of stress to your bone, causing a crack or fracture.
Carpal Tunnel Syndrome: Carpal Tunnel Syndrome (CTS) is a painful condition in which the nerves in your wrist are compressed. In the U.S., this medical condition is the largest single contributor to lost time at work. Symptoms of carpal tunnel syndrome include burning, tingling, or numbness in your fingers, hands, or arms; difficulty gripping or making a fist; dropping objects; and overall weakness in hands and wrists.
Tendonitis: This condition often surfaces when a worker is engaged in a repetitive motion day after day. With tendonitis, your tendon gradually becomes tighter until the fibers that make up your tendons begin to tear.
Chronic Pain: Many work-related injuries can lead to chronic pain. This injury is characterized by pain lasting at least two months after the date of injury.
Vision loss: The eye is one of the most complex organs in your body. It’s also delicate and can easily be damaged in a workplace accident. Many jobs present the risk of an eye injury, which could potentially lead to life-altering vision loss. Some of the most common ways eye injuries occur include chemical exposure, long-term exposure to bright light, brain injuries, or a foreign object penetrating your eye.
Traumatic Brain Injury: A traumatic brain injury (TBI) usually results from an accident or blow to the head. These devastating injuries can affect your physical, cognitive, and psychological abilities. Most TBIs result in widespread damage to the brain because your brain rattles inside your skull during a severe accident. These can often require life-long medical treatment and therapy.
Toxic Mold: Many health risks are associated with exposure to toxic mold. Some of these include increased risk of asthma or worsening symptoms, allergic reactions (coughing, wheezing, runny nose, etc.), lung infections in those with weakened immune systems or lung disease, and possibly pulmonary hemorrhage or cancer.

What To Do Following a Workplace Injury

In order to obtain workers’ compensation benefits in Florida, it is important that you take the proper steps to receive the money you deserve. The following are the recommended steps to take after a workplace injury:

Notify Your Employer

In a non-emergency injury, notify your employer about the accident immediately and ask where you should go for treatment. If your employer is unavailable, you should immediately find the name and phone number of the insurance company that will handle your claim. A representative of that insurance company should be able to tell you an approved doctor where you can get treatment.
In an emergency, you may seek treatment at the nearest facility and inform your employer as soon as possible. According to Florida law, you have 30 days to notify your employer of any workplace injury.

You need to make sure that your employer knows exactly what happened and precisely what injuries you suffered. Be sure they also know what tasks (if any) you’re able to complete following your injury and exactly what your constraints are.

Talking to your employer in person is always best, but you should also send a letter or email in addition to having a discussion. Doing this helps you keep a record of when you notified your employer and will help you cover all your bases during your claim.
If you work for a subcontractor, give immediate written notice of your accident or occupational disease to your direct employer and your general contractor. And remember, even if the injury or accident seems small, it is essential to document and report it. Often, a minor injury can lead to a serious problem at a later date.

See a Doctor

As soon as you suspect a work-related injury, you should seek medical attention. You may not realize how serious your injuries are.
Besides diagnosing your injury and providing proper care, a doctor’s diagnosis strengthens a workers’ compensation claim. You may be required to obtain a doctor’s report in order to collect the money to which you are entitled.
You must receive treatment from a doctor authorized by your employer or the insurance company. If you receive treatment from another doctor, your employer or the insurance company will probably require you to go see a doctor of their choosing before they will agree to pay you lost wages.
Be sure to give the medical professional who provides your treatment a detailed account of your accident and the cause of it. The more thorough your report is, the fewer obstacles you will face when filing a compensation claim.

File a Claim

In Florida, your employer must file notice of your claim to the workers’ compensation insurance company within 7 days after they know of your injury. After this step occurs, you will be required to send the insurance company more information. Consulting an Orlando workers’ comp lawyer by this step would benefit your claim.

When to Hire a Workers’ Comp Lawyer

It is a good idea to call a workers’ compensation attorney as soon as possible after you become sick or injured on the job. If your work-related injury is serious or your workers’ compensation claim is rejected, it’s especially important to call a lawyer.

The dedicated attorneys at Colling Gilbert Wright can help you if you are involved in some of these common situations:

You were injured at work and are not satisfied with the medical treatment you received from the workers’ compensation doctors.
You’re interested in settling your workers’ compensation claim.
Your workers’ compensation claim is accepted, but you do not receive lost wages or the correct amount of your lost wages.
Your employer retaliates against you for filing a claim by either taking disciplinary action or firing you.
You were injured or became ill on the job and your claim is denied.

Even if your insurance claims adjuster seems helpful and sincere, it’s still important to consult a workers’ compensation attorney. The adjuster’s motivation for making decisions is to keep your employer’s costs down. This goal conflicts with your best interests, which is to acquire the best medical care and ongoing wage loss benefits for as long as you’re unable to work.

Insurance adjusters are trained to reduce the cost of your claim in any way they can. Some will even go as far as to violate the provisions of the Workers’ Compensation Act.

Frequently Asked Questions

What Are the Elements of a Successful Workers’ Compensation Claim?

Building a successful workers’ comp claim involves a focus on several key elements. These include:

Timely Action: In Florida, you only have 30 days to report your injury or illness to your employer. Furthermore, you only have 2 years to file your workers’ comp claim. Acting promptly is going to be intrinsic to building a strong claim.
Documentation: Documenting all your medical care, diagnoses, and treatment plans will bolster your claim. It helps to prove the legitimacy of your injury and impairment and the amount of your bills.
Proof of Employment & Injury: You will need to prove your employment status and pay to ensure you receive adequate benefits. Additionally, you must provide clear evidence of how you sustained your injuries.
Accurate & Completed Forms: Thousands of workers’ comp claims are initially denied because of inaccurate or incomplete information on paperwork. Ensure that your forms are filled out properly. A workers’ compensation attorney can be an asset for this task.
Get Help from a Lawyer: The experienced eye of a workers’ comp lawyer can help immensely. They can make sure your claim is handled properly and fight for the support you need at this difficult time. At Colling Gilbert Wright, we champion your rights, so you have what you need to heal.
Communication: Regular and documented communication with your employer, insurance company, and lawyer is essential throughout the workers’ compensation process. When everyone is informed and in contact, there is less chance of mistakes or misunderstandings, further strengthening your claim.

When these elements are met, your chances of a successful claim increase exponentially. You need financial support to recover and get back to work. Let’s make sure you get what you need.

How Long Will It Take for My Orlando Workers’ Compensation Case To Settle?

The time it takes for your workers’ comp case to resolve depends on several factors. While a simple, straightforward case may only take a few months, a complex or disputed case may take over a year to sort out.

Factors that affect this timeline may include:

The severity of your injuries or illness
Level of cooperation from the insurance company
Whether you need to go to trial
Disputes and appeals

We try to expedite this process wherever we can. Involving an attorney in the first place will help ensure that things are done right, allowing every opportunity for a successful claim.

Can an Employer Fire You While on Workers’ Comp in Florida?

Florida Statutes § 440.205 makes it illegal for your employer to fire you solely because you filed a workers’ compensation claim. The statute deems this behavior retaliatory. If injured on the job, you deserve compensation for medical bills and lost wages while recovering. Employers must respect this law. If they don’t, you have the right to consult an attorney about a wrongful termination lawsuit.

However, it is important to understand that you can still be fired—just not because of your workers’ comp claim. You cannot fight your job loss if there are performance issues, misconduct, or general layoffs.

Can I Recover Workers’ Compensation & Sue My Employer?

In most cases, you cannot sue your employer if you have collected workers’ compensation benefits in Florida. The workers’ comp system is designed as an “exclusive remedy,” meaning you will be provided with benefits no matter who is at fault, but you will generally be barred from suing.

Like any rule, there are exceptions. You may have cause to sue in the following instances:

If your employer intentionally caused your injury or illness.
If a third party contributed to your injury.
If a coworker’s gross negligence or willful misconduct caused your injury.

Of course, it can be difficult to discern if you have recourse to sue. Consulting a workers’ compensation lawyer in Orlando can help you identify the possible avenues to compensation for your losses.

Do I Have To Pay Taxes on Workers’ Comp?

The good news is that workers’ compensation benefits aren’t typically taxable in Florida. However, there is an exception when it comes to Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). If you receive either of these in addition to workers’ comp, a portion of the combined benefits may be taxable.

You may owe taxes if the combined total of these payments equals more than 80% of your average pre-injury earnings. We say “may” because, in some cases, the Social Security Administration will simply reduce your benefits to stay within that 80%.

When you are injured and worried about bills and taking care of your family, you don’t want your benefits reduced unknowingly. Consulting with a tax professional and a workers’ comp attorney ensures that there are minimal surprises as you recover.

How Much Will Hiring Our Attorneys Cost You?

The compassionate attorneys at Colling Gilbert Wright understand how overwhelming it can be to be injured and unable to work. That’s why we work on a contingency fee basis. We want you to get the support and compensation you need. Sometimes, the only way to do that is with experienced legal representation.

There is no need to face upfront fees or out-of-pocket costs until you’ve received your rightful benefits. Contact us for a FREE case evaluation to ensure your claim is viable and you are pursuing maximum benefits. When things seem unsure, know we will do our best to get you the help you need.

Contact an Experienced Florida Workers’ Compensation Lawyer

Hiring an Orlando workers’ compensation attorney to handle your case can help ensure that you—the victim—are treated fairly and receive appropriate financial consideration regarding your illness or injury. Colling Gilbert Wright would be honored to help protect your rights as an injured or sick worker.

We proudly serve our neighbors in Daytona, Melbourne, Orlando, and throughout Florida. Our team of knowledgeable and committed workers’ comp lawyers looks forward to championing your claim and pursuing relief and support for you and your family. Please reach out to us today to schedule a FREE consultation. Contact us online or call (407) 712-7300.