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Fort Myers Workers’ Compensation Attorney
// OBTÉN LA COMPENSACIÓN QUE MERECES
Fort Myers Workers’ Compensation Attorneys
An employee (or their family) is eligible for workers’ compensation in Florida if they suffer an accidental injury or death while performing their work duties. Families facing a workplace injury can start receiving checks after missing a little more than a week at work, which can be essential to cover the resulting medical expenses and lost wages.
The experienced attorneys at Kanner & Pintaluga will work hard to maximize your workers’ compensation claim’s value.
Common Types of Workers’ Comp Injuries
- Slips, Trips and Falls: The most frequent cause for workers’ compensation claims, slips, trips and falls can occur due to wet floors, uneven surfaces and poorly maintained walkways. Although seemingly minor events, these accidents can result in substantial injuries, including broken bones, sprains and head trauma.
- Repetitive Motion Injuries: If your job requires constant, repetitive motions – such as typing – you may sustain carpal tunnel syndrome, tendonitis or bursitis, which can make it challenging to perform your usual job duties.
- Strains and Sprains: Construction workers, warehouse staff and others who have physically demanding jobs can overexert their muscles and suffer strains and sprains as a result.
- Vehicle Accidents: Employees who operate vehicles as part of their job can sometimes get into accidents and sustain severe injuries, from whiplash to traumatic brain injuries.
- Workplace Violence: Retail workers, healthcare professionals and public service employees are more likely to be assaulted by customers, patients or coworkers.
- Machinery Accidents: Those who work in manufacturing and construction operate heavy machinery and equipment that can potentially crush them, possibly resulting in amputations, severe burns, catastrophic spine injuries and more.
Fort Myers Practice Areas
Requirements for a Workers’ Compensation Claim
Florida requires businesses with four or more employees – whether they’re full-time or part-time – to carry workers’ compensation insurance in cases of work-related injury or illness. Construction companies are the exception. Due to the dangerous nature of the job, even if they only have one employee, they need to provide them with workers’ comp insurance.
Because workers’ comp operates under a “no-fault” system, an individual doesn’t have to prove fault to receive benefits. This can help filers receive compensation quicker since they don’t have to provide evidence of the other party’s negligence. However, this same system also prevents employees from filing a traditional injury claim against their employer. This can potentially limit your compensation, as workers’ comp doesn’t cover pain and suffering. If your workplace injury was caused by a third party, such as another contractor or private commuter vehicle driver, you may be able to file a third-party personal injury claim against the at-fault party.
Your Rights Under Florida’s Workers’ Compensation Act
Workers’ compensation will cover the entirety of an employee’s medical bills related to a work-related accident, including hospitalization, doctor’s visits, medical tests, prescription drugs and physical therapy. You may also be eligible for some reimbursement to cover vocational training and job placement services if the accident resulted in a disability that impacted your ability to work your current job. Workers’ comp only covers a portion of lost wages (up to two-thirds of your pre-injury weekly wage).
If you sustained a disability from your workplace accident that’s temporary, you could receive up to 66.67 percent of your normal wage (limited to $971 per week) each week for 104 weeks. If your disability is total and permanent, such as a severe spinal cord injury or amputation, you may be able to receive that same percentage every week of your life until you reach 75 without a cap. A partial, permanent disability will warrant a longer compensation period than a temporary disability but might not be a lifelong benefit.
Hire a Zealous Workers’ Comp Attorney Who Will Act Fast and Take Your Case to Court If Necessary
At Kanner & Pintaluga, we’ll help you navigate the intricate claims process and aggressively pursue the best possible outcome for your claim. The attorneys at our Fort Myers firm will file your claim promptly so you and your family can receive the compensation you need as soon as possible. Call (800) 586-5555 and schedule a free case consultation with one of our dedicated workers’ comp attorneys today.
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