Recovering from injuries that occurred during the course of employment is a process that can be simplified with the help of a qualified attorney or possibly even two.
In a traditional work place injury, insurance companies and even employers may try to deny benefits paid out to employees injured on the job. They will often claim that the worker’s injuries developed outside the realm of employment or that the injuries are less serious than they are claimed to be. Because workers compensation is currently a no-fault system, it is not mandatory for workers to prove fault for their injuries in order to recover benefits.
Where the matter can become more complicated is when a person is involved in a car accident, while performing their duties as an employee. The employee may actually have two separate and distinct cases. One case would fall under the parameters of a Personal Injury claim and the other would be a Worker’s Compensation claim. In order to be properly compensated for injuries that are common in Automobile or Trucking Accidents one should consult with an experienced Personal Injury Attorney. There are many intricate variables regarding legal strategy for which claim to pursue at the appropriate time.
Almost every worker in Florida is covered by workplace compensation. With a few exceptions, it is required of all Florida employers with more than three employees to provide worker’s compensation insurance for their employees. In exchange for the fact that most employers are required to carry worker’s compensation insurance, the law provides that, with some exceptions, employees cannot sue their employers over workplace injuries. To recover worker’s compensation, an employee does not have to prove that their injury was caused by their employer’s negligence. Employees can even be compensated if their own negligence caused the injury. Keep in mind, however, that there are some circumstances where an employee’s injuries will not be covered. For example, if an employee is intoxicated or using illegal drugs at the time of the incident, then they will not be covered. This is why many employers have policies mandating that employees involved in workplace accidents agree to submit to drug tests.
4 Ways To Preserve You Potential Claim
If you are injured in the workplace car or truck accident, there are steps you should take to preserve your potential claim. For example:
- REPORT: In Florida a worker needs to report any workplace injuries to their employer within thirty days of the incident. You should be sure to give specific details when telling your boss about your injuries such as where, when, and how they occurred. Be sure to include the names of any witnesses. After this initial injury report takes place, the worker will have two years within which to file their worker’s compensation claim.
- GET FILED: It is up to your employer to file a workers’ compensation claim with their insurance company on your behalf. They won’t know to do this until you let them know you are injured. Follow up to make sure that a worker’s compensation claim is filed. You are entitled to a copy of the claim your employer files.
- SEEK TREATMENT: After reporting a workplace injury, seek immediate medical evaluation so the extent of your injuries can be determined. Be sure to select an approved and authorized medical provider of your employer’s choosing.
- SEEK LEGAL ADVICE: Contact a qualified attorney such as the experienced Work Vehicle Accident Lawyers at Sibley Dolman Gipe Accident Injury Lawyers, PA.
In fact, to get workers’ compensation, injured workers must submit to an independent medical examination, otherwise known as an insurance medical exam (IME).
IMEs are meant to provide clarity regarding the worker’s medical condition and to determine if the injury was caused by work-related activity. However, insurance companies often use these IMEs as a tool to limit payouts and liability. For example, assigned doctors often work with insurance companies to protect the financial interests of both parties. This is accomplished by denying an injury exists or wrongfully clearing an employee to return to work. This is another reason why it is important to hire an experienced attorney to help navigate your worker’s compensation claim.
At Sibley Dolman Gipe Accident Injury Lawyers, PA, our attorneys have years of experience helping injured people get compensation for their injuries. Our qualified staff can help you navigate the intricacies of filing, and ultimately receiving an appropriate settlement or Jury Verdict. If you have been hurt while driving on the job, give us a call today for a no cost, no obligation consultation: 727-451-6900.
For more information, please visit: https://www.dolmanlaw.com/legal-services/workers-compensation-attorneys/