Experience. Commitment. Results. A Trusted Firm With a Proven Track Record

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.

Have you been injured on the job and are struggling to secure the compensation you deserve? Our Daytona Beach workers’ compensation attorney is ready to help you navigate the process and fight for your rights. Call Politis & Matovina, P.A. today at (386) 333-6613 or contact us online for a consultation!

Qualifying for Workers’ Compensation in Florida

Florida law mandates that most employers carry workers' compensation insurance. This coverage provides financial benefits to employees who suffer injuries or illnesses on the job.

Eligibility Requirements for Employees:

To qualify for workers' compensation benefits in Florida, you must:

Be an employee: Independent contractors generally do not qualify.
Have suffered a work-related injury or illness: This includes injuries that occur while traveling to or from work, if your employer reimburses your transportation cost.

Additionally, understanding your rights as an employee when injuries happen outside of typical work locations or involve occupational diseases is essential. Many employees might not be aware of their eligibility for injuries occurring gradually, such as repetitive stress injuries, which require specific documentation to support their claims.

Employer Requirements:

Number of employees: Most employers with four or more employees must carry workers' compensation insurance.
Industry: The specific requirements may vary depending on your industry. For instance, construction employers often have different requirements than other businesses.

Florida employers must maintain active workers' compensation insurance and fulfill specific criteria related to their industry and workforce size. This ensures comprehensive coverage for all businesses, from small to large corporations. This is important as non-compliance affects employee protection and can result in legal repercussions for the employer.

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
Sprains and strains
Broken bones
Back and neck injuries
Internal injuries
Nerve injuries
Burns
Cuts and lacerations

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

Florida workers may experience a variety of injuries, each with unique challenges and requirements for documentation and treatment. It's crucial to approach each case with a comprehensive understanding of workplace injuries' immediate and long-term effects, as some conditions might require prolonged medical attention and rehabilitation services.

Workers' Compensation Process in Florida

The workers' compensation process in Florida generally involves the following steps:

Report the Injury: As soon as possible after an injury, notify your employer. Provide them with a detailed description of the incident.
Seek Medical Attention: Visit a doctor who is approved by your employer's insurance carrier. This doctor will evaluate your injury and provide treatment.
File a Claim: Your employer or their insurance company should help you file a workers' compensation claim.
Receive Benefits: If your claim is approved, you will begin receiving benefits, such as medical payments and wage replacement.
Rehabilitation: Your insurance company may provide rehabilitation services, such as physical therapy, to help you recover from your injury.
Settle the Claim: In many cases, the insurance company will offer to settle your claim for a lump sum payment. You can accept or reject this offer.
Dispute the Claim: If you are dissatisfied with the insurance company's decision, you may be able to dispute your claim through a hearing or other legal process.

Understanding the Florida workers' compensation process is crucial for ensuring that all procedural steps are followed correctly, enhancing the likelihood of a successful outcome. Timeliness and thoroughness in reporting confirm the validity of claims, while adherence to approved medical channels ensures accurate and credible medical documentation of injuries sustained.

Workers’ Compensation Benefits

Workers' compensation benefits typically fall into four main categories, each designed to provide financial support to employees who suffer work-related injuries or illnesses. These benefits include:

Medical Benefits: These cover the cost of medical treatment needed to recover from a workplace injury or illness. This can include hospital stays, doctor visits, surgeries, medications, physical therapy, and any other necessary medical services.
Disability Benefits: These provide compensation for lost wages when an employee is unable to work due to their injury. There are four types of disability benefits:
- Temporary Total Disability (TTD): For workers who are completely unable to work for a temporary period.
- Temporary Partial Disability (TPD): For workers who can work in a limited capacity or for fewer hours while recovering.
- Permanent Total Disability (PTD): For workers who are unable to return to any type of employment due to their injury.
- Permanent Partial Disability (PPD): For workers who have a lasting impairment but can still work in some capacity.
Rehabilitation Benefits: These benefits help injured employees with vocational rehabilitation, including retraining, education, and job placement services, especially if the worker cannot return to their previous job due to their injury.
Death Benefits: If a worker dies as a result of a job-related injury or illness, their dependents may be entitled to death benefits. These benefits typically cover funeral expenses and provide financial support to surviving family members.

Understanding the full spectrum of available workers' compensation benefits helps ensure that employees and their families receive all applicable support. Given the potential for significant financial and physical distress following a work-related injury, maximizing these benefits can aid in smoother recovery and adjustment periods.

Workplace Hazards in Daytona Beach

In Daytona Beach, workplace injuries are often influenced by the area's prevalent industries, such as hospitality, construction, and transportation. Each industry presents specific hazards that employees must navigate daily. For instance, construction workers must be vigilant about potential falls from heights, equipment-related injuries, and electrical hazards. The busy tourist-driven hospitality industry poses risks like slip-and-fall incidents, repetitive stress injuries from constant physical tasks, and even risks from handling hot substances or sharp objects.

Addressing these hazards involves adhering to OSHA regulations and implementing company-specific safety protocols that align with local occupational health trends. Businesses can reduce incidents significantly by staying informed on the latest safety measures and compliance standards. Additionally, leveraging local safety workshops and resources can provide necessary updates and training for employees. Local businesses and workers must remain proactive in identifying hazards unique to their roles to foster a safer work environment.

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.

Repetitive stress injuries often affect various parts of the body depending on the type of motion involved. For example, factory workers dealing with machinery may develop shoulder or elbow problems, while assembly line workers could suffer from back strain. Recognizing the early warning signs and seeking timely medical and legal assistance can mitigate long-term health repercussions.

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

Successfully claiming workers’ compensation for repetitive stress injuries requires thorough documentation and often additional evidence to counter challenging insurance claims. Legal assistance becomes crucial in navigating these disputes and accurately representing the work-related factors contributing to the injury.

Contact Our Daytona Beach Workers’ Compensation Lawyer Today

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, Greek, Russian and English, allowing us to assist clients from a number of backgrounds.

Speak with an experienced Daytona Beach workers’ compensation attorney today to learn about the benefits you’re entitled to. Call us now to get started!

Frequently Asked Questions About Work Injuries

What Should I Do Immediately After a Work Injury?

The immediate steps following a work injury can significantly impact the outcome of your compensation claim. First, you should report the incident to your employer as soon as possible, no later than 30 days after the injury. Providing a detailed account can help your employer document the accident accurately. Then, seek medical attention from an authorized healthcare provider for your injuries. Ensure you keep all medical records and document your symptoms thoroughly. Additionally, follow any prescribed treatment plans closely, as they serve as critical evidence when filing your workers' compensation claim. Involving a seasoned work injury attorney, like those at Politis & Matovina, P.A., can also help navigate the complexities of your claim and ensure timely filing and representation.

How Do Florida Work Injury Laws Protect Employees?

Florida work injury laws are designed to protect employees by ensuring they receive appropriate compensation for workplace injuries without the need to sue their employers. These laws mandate that employers carry insurance to cover medical bills and lost wages from work-related injuries. In addition, Florida statutes provide compensation regardless of who was at fault as long as the injury occurred during employment. There are also protections against employer retaliation, ensuring workers can file claims without fear of losing their jobs. This structure aims to provide a safety net for employees, ensuring they receive necessary care while maintaining employment rights.

Can I Choose My Doctor for Treatment?

In Florida, seeking medical treatment after a workplace injury generally requires seeing a doctor approved by your employer's workers' compensation insurance provider. However, you can request a one-time physician change if you are unsatisfied with your care. This request must be filed with the insurance carrier, which has five days to respond to your request. If they fail to do so, you may select another doctor yourself. Knowing your options and rights regarding medical care is crucial, as it ensures you receive the necessary treatment and documentation to support your compensation claim effectively.

What Are My Rights If My Work Injury Claim Is Denied?

You have several rights and options if your work injury claim is denied. It is crucial first to understand the reason for the denial, which often stems from disputes about the injury’s validity or its relation to your work. As an employee, you can request a mediation or a hearing at the Office of the Judges of Compensation Claims to contest the denial. It is highly recommended to consult with a work injury attorney who can help navigate the complexities of such proceedings and work toward a resolution. The appeals process can be intricate, and having legal guidance ensures you maximize your chances of overturning a denial.

What Types of Benefits Can I Receive From a Work Injury?

If you have suffered a work injury in Florida, you may be eligible for several types of benefits under workers' compensation. These benefits include medical benefits, which cover necessary treatments and rehabilitation, and disability benefits, which compensate for lost wages if your injury prevents you from working. There are also temporary total or partial disability benefits and permanent impairment benefits for injuries resulting in long-term effects. In the unfortunate event of a work-related death, dependents may receive death benefits. Understanding what you may be entitled to ensures that you can seek appropriate compensation for your situation, supporting your financial and physical recovery.

Can I File a Claim If the Accident Was My Fault?

Yes, in Florida, workers' compensation operates on a no-fault basis, meaning you can file a claim regardless of who caused the accident. The primary criterion is that the injury must have occurred during your employment. This system is set up to ensure that workers receive timely support and medical care without the need to prove employer negligence. However, it is essential to note that compensation might be affected if the injury resulted from drug or alcohol use. Consulting with a knowledgeable work injury lawyer can help you understand the specifics of your claim and any potential impact on your benefits.