Daytona Beach Workers’ Compensation Attorney

Helping Injured Workers Recover After an Accident

Workers' compensation laws are designed to provide financial protection for injured employees. However, making a successful workers' compensation claim is not always easy, and can require the assistance of an experienced workers' compensation attorney – especially if your initial claim for coverage has been denied.

At Politis & Matovina, P.A., our Daytona Beach workers' compensation lawyers understand the confusion often associated with a Florida workers’ compensation claim or claim denial. With that in mind, we work to provide helpful advice to victims of workplace accidents and repetitive use injuries.

Whether you need assistance filing an initial claim for workers compensation benefits, or have previously been denied coverage, we have the knowledge needed to help you understand your options for pursuing financial assistance for your recovery. By hiring an experienced workers’ compensation attorney, you can improve your chances of getting the compensation you need to help you during this difficult time.

What Injuries Qualify for Workers' Comp in Florida?

Our Daytona Beach workers’ compensation lawyers provide informative advice to those seeking coverage under Florida workers compensation laws. By carefully examining your case, we strive to provide the personalized advice you need to pursue compensation for all of your work-related injuries and losses.

Common workplace injuries can include:

• Slips and falls
• Carpal tunnel syndrome
• Injuries from falling objects
• Construction injuries
• Maritime injuries
• Chemical exposure

Whether you have been involved in a workplace accident, or are suffering from carpal tunnel syndrome or another repetitive stress disorder, we can help.

What is a Repetitive Stress Injury?

Workers’ compensation claims are usually filed after an accident causes a worker to suffer a serious injury. Yet this is not the only scenario after which workers’ comp benefits become necessary. Repetitive stress injuries (RSI) can also warrant workers’ compensation benefits as time goes by and the injury gradually worsens.

A repetitive strain injury is the result of gradual damage to muscles, joints, tendons, and nerves caused by repeating the same motion again and again across an extended period.

For example, carpal tunnel syndrome is one of the most common RSIs, which is usually caused by long hours of typing on a keyboard for months or years. Although typing on a keyboard for a day is not likely to be harmful, the continued repetition of that simple and small motion can be – i.e. repetitive strain.

Does Workers’ Comp Cover Repetitive Stress Injuries?

Repetitive stress injuries are tricky when it comes to workers’ compensation claims because they are covered, but getting that coverage is not necessarily easy. Insurance companies like to try to avoid paying workers’ comp benefits by saying that the worker’s injury was suffered outside of work or is unrelated to job duties.

Because an RSI forms gradually, it is easier for an insurer to point at other activities as the source of the injury.

For example, an insurance company might argue that an office worker’s carpal tunnel syndrome has not been caused by years at a keyboard but instead by the worker’s baking habits, which requires him to roll, stretch, and knead dough by using his wrists and forearms.

Evidence that can help prove the source of an RSI could be:

• Medical notes from your doctor throughout the years
• Testimonies from other workers suffering from the same RSI
• Employer’s failure to address your RSI, such as failing to provide ergonomic equipment

Florida Workers' Compensation FAQ

When it comes to workers’ compensation, every case is unique and specific to the injury, illness, or condition. Questions about workers’ comp benefits often arise. We have compiled a list of common questions that can answer your basic questions about the workers’ compensation system in Florida.

How long after a workplace accident do I need to report it to my employer?

If you have been injured on the job, you need to report it to your employer as soon as possible. If you do not let your superiors know within 30 days, your workers’ compensation claim could be denied.

Can I seek medical treatment?

Your employer’s insurance company should offer a list of authorized medical providers to provide care, prescriptions, therapy, and other support you need to recover after a workplace accident.

How will I pay my medical bills?

All bills accrued through authorized physicians should be submitted for payment by the provider to your employer’s insurance company. The burden of medical bills should not be left with an injured worker.

Will I be paid if I need to take time off work to recover?

The first seven days of workers' comp disability are unpaid, but if your disability extends over 21 days, the insurance company may provide back pay for the first week off work.

Will I be paid the same amount as my normal paychecks?

No. You will be paid sixty-six and two-thirds percent of your average weekly wage on a bi-weekly schedule. This number is calculated using the wages you earned in the 13 weeks prior to your injury.

When will I get my first check?

You should be paid 21 days after your accident was reported to your employer.

Is income tax paid from workers’ comp benefits?

If you are on total disability, you will not pay income tax from your workers’ compensation payments. If you are cleared to return to work in a limited or light duty capacity, you will pay taxes on income earned then.

Does my employer have to hold my job for me if the doctor releases me, but I cannot return to work?

No, there is nothing stated in the law that an employer must keep a job available for you if you do not return to work after the doctor has cleared you to do so.

Can I be fired if I can’t work because of my injury and receiving benefits?

No, you cannot be fired if you have filed or even attempted to file a workers’ compensation claim. That is against the law.

Can I receive workers’ comp and social security benefits simultaneously?

Yes, but the two benefits combined may not exceed 80 percent of your average weekly wage.

How long do I have to file a petition for benefits?

Typically, you must file your petition for benefits within two years of your injury.

My workers’ compensation claim has been denied. What do I do now?

You should hire a workers’ compensation attorney in Daytona Beach who can evaluate your claim and give you advice on how best to move forward. At Politis & Matovina, P.A., we offer a free consultation.

Have You Been Hurt at Work? Speak with Us 24/7!

Schedule a free consultation to discuss your specific workers' compensation claim with one of our attorneys at Politis & Matovina, P.A. Our staff offers seasoned legal advice in a number of languages, including Spanish, French, Greek, Russian and English, allowing us to assist clients from a number of backgrounds.

Related Reading:

• Can I Get Workers’ Comp If I Caused My Work Accident?
• Is My Work-Related Injury Covered by Workers’ Compensation?
• Cancer from Chemical Exposure