Lakeland Workers Compensation Lawyer

Lakeland Workers Compensation Lawyer

In Florida, more than 60,000 people file workers’ compensation claims in a typical year. In Polk County alone, there are more than 1,800 claims annually. These claims are from workers who were injured on the job. Whether their injuries were serious or minor, injured workers often face many difficulties – physical, emotional, and/or financial. In some cases, their injuries will affect them for the rest of their lives.

In Lakeland and throughout the state, the Florida workers’ compensation system provides medical and wage-replacement benefits to workers injured on the job. Workers don’t have to prove that their employer was at fault. Workers’ compensation benefits are tremendously helpful for many workers who would otherwise face severe financial problems. However, it’s not easy to navigate the workers’ compensation system, and insurance companies may try to avoid paying claims. Injured workers can be denied the benefits that they need and deserve.

A Lakeland workers compensation lawyer from Van Dingenen Law can help. We are dedicated to helping people in Lakeland receive all the benefits that Florida law provides. We can guide you through the claims process, resolve problems you encounter along the way, and fight for your right to receive the full benefits you need.

What Are the Medical Benefits I May Receive From Workers’ Compensation in Lakeland, Florida?

If your Florida workers’ compensation claim is approved, your employer’s workers’ compensation insurance carrier must pay for injury-related medical treatment that is authorized and medically necessary. This will include (but is not limited to):

  • Primary doctor visits
  • Specialist doctor visits
  • Prescription medications
  • Medical tests
  • Physical therapy
  • Hospital stays
  • Prostheses
  • Care from an attendant
  • Reimbursement for travel to and from authorized medical appointments or pharmacies

If your insurance carrier won’t authorize the treatment you need, or if you are being billed for authorized treatment, a Lakeland workers compensation lawyer from Van Dingenen Law can help.

What Are the Workers’ Compensation Wage-Replacement Benefits I May Receive in Lakeland?

The workers’ compensation system will classify you in one of four categories, depending on the nature of your injuries: temporary total disability (your doctor says you can’t work), temporary partial disability (you can return to work with restrictions), impairment income benefits (you are at Maximum Medical Improvement), and permanent total disability (you can never work again).

The amount of benefits you receive for wage replacement and how long you will receive them will depend on which category you’re in. For example, if you are classified as having a temporary total disability, you should receive weekly wage-replacement payments equal to two-thirds of your weekly wages before your injury.

The calculations for wage-replacement benefit amounts can be very complicated. If you have any questions about whether you are receiving all the wage-replacement benefits you should be getting, or if you think you may have been classified in the wrong category, contact a Lakeland workers compensation lawyer from Van Dingenen Law for help.

What’s the Difference in Florida Between Workers’ Compensation Benefits and Compensation from a Personal Injury Lawsuit?

In some situations, if you are injured because of another person’s negligence (or a company’s negligence) you may be able to file a personal injury lawsuit. To win such a lawsuit, you will have to prove the other party’s negligence. Getting workers’ compensation benefits is easier because negligence doesn’t matter. Even if the accident wasn’t your employer’s fault, you are still eligible for workers’ compensation benefits for your on-the-job accident.

While getting benefits from workers’ compensation is easier and faster than pursuing a personal injury lawsuit, a lawsuit does have an important advantage. Your workers’ compensation benefits are limited to authorized medical expenses and a percentage of your lost wages. If you win a personal injury lawsuit, you could receive additional compensation for “economic damages.” That’s a legal term referring to a wide range of subjective losses, which may include your physical pain, anxiety, depression, loss of enjoyment of life, and your family’s loss of your companionship and support.

In general, you will not be able to sue your employer in Florida for your on-the-job injuries. That’s the trade-off. The workers’ compensation system allows you to receive benefits even when your employer wasn’t negligent, but then you can’t sue them in a personal injury lawsuit.

However, if a third party was involved in the accident, you may be able to file a personal injury lawsuit against them. For example, if you were driving on a public road as part of your job, and another car crashes into you, you may be able to sue the other driver. You should talk to an experienced Lakeland workers compensation lawyer to find out whether you are eligible to file a personal injury lawsuit and, if so, whether you should, given all the circumstances of your case.

Do I Need a Lakeland Workers Compensation Lawyer to File a Workers’ Compensation Claim?

You’re not required to have a lawyer to file a claim. You can do it on your own. However, it’s a good idea to talk to an experienced Lakeland workers compensation lawyer if you are having trouble navigating the claims process, if you believe that the benefits you were awarded were too low, or if you have any other problem with the workers’ compensation system. If your claim was denied, then you should definitely seek an experienced lawyer. A very large number of claim denials are approved when people appeal the claims. A workers’ compensation appeal is highly technical, and you shouldn’t attempt it by yourself.

You Can Get the Help You Need From a Lakeland Workers Compensation Lawyer at Van Dingenen Law

At Van Dingenen Law, helping workers injured on the job is all that we do. We have recovered a combined total of hundreds of millions of dollars for injured workers and their families throughout Florida. You don’t have to pay anything out of pocket until you win or settle your case.

To schedule a consultation, call us today at 407-967-5377 or fill out the FREE CASE EVALUATION FORM near the top of this page.

    Practice Areas

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