Though the process of recovering the compensation you deserve after an on-the-job injury may seem as simple as filing a claim and waiting for a check in the mail, this is far from the truth. In reality, this process can be complex, requiring the filing of formal reports and submitting medical records. As such, it’s in your best interest to familiarize yourself with how these claims are calculated, so you can get a better understanding of the outcome of your case. The following blog explores how these awards are determined, as well as the importance of working with a Florida workers’ compensation attorney to help you fight for the justice you deserve.
If you have been injured on the job, understanding what factors will be considered when filing a workers’ compensation claim is critical. This can help you get a better understanding of the value of your claim. In general, the more severe your injuries are, the more compensation you will recover, as they will require additional care to treat.
The first factor considered is your medical expenses. This includes all bills related to your injury, like doctor’s appointments, surgery, medication, physical therapy, and any necessary equipment. There are typically no limits on medical compensation. Next, you’ll be eligible to recover a portion of your lost wages. Generally, you are able to recover up to two-thirds of your average weekly wages. However, Florida caps the maximum weekly compensation someone is eligible to receive following a work injury. As such, your award will be capped at 100% of the average weekly wages for the entire state. As such, if you are a higher earner, this can impact your award.
To calculate your award, your disability status must also be taken into consideration. If your injuries constitute a temporary partial disability, you would recover less than if your accident resulted in permanent disabilities. Similarly, if you are unable to return to your previous job, the cost of vocational rehabilitation can be included in the award to help you receive job training and seek new career opportunities.
Finally, if necessary, funeral expenses will be calculated for those who suffer fatal accidents while on the job. Generally, these benefits can help cover burial expenses and provide support for the dependents of the worker.
In the event you disagree with the outcome of your workers’ compensation claim, it’s imperative to understand your legal options. In most instances, you are eligible to appeal the outcome of the decision. This is true if your claim is denied or you receive significantly less compensation than your claim is valued at.
Generally, you can request an informal hearing with a judge to fight for a higher form of compensation, which is generally easier than filing a formal claim. However, if you are unhappy with the outcome, you are eligible to pursue a formal claim, even if the judge issued a decision. You should note that this process involves litigation, so it is in your best interest to discuss your options with an experienced attorney.
When you need help filing a workers’ compensation claim or disputing the decision made in your case, the team at the Law Firm of Kevin A. Moore is ready to assist you. We understand how overwhelming this process can be, which is why we are committed to helping you in the fight for the best possible outcome. When you need help, do not hesitate to contact our firm.
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