Lakeland Workers’ Compensation Attorneys
The Lakeland workers’ compensation attorneys at Mank & Mank help workers in Lakeland and Polk County who have been injured on the job through the difficult task of applying for and receiving the workers’ compensation benefits that are due to them. Even if you have been turned down for benefits, we may be able to help you appeal that denial and get you the benefits you deserve.
Workers’ Compensation benefits under Florida law
In general, workers’ compensation benefits fall into two classes – medical payments, and wage replacement benefits. Medical payments for on-the-job injuries are generally available for the lifetime of the disability, while how much you receive in wage replacement depends upon the type of disability. Below are some of the ways in which Florida workers’ compensation law classifies disabilities, and what it means to you in terms of benefits, contact our Lakeland workers’ compensation attorneys today for more information.
Temporary Total Disability – This means you are totally disabled from working for a period of time. You can receive two-thirds of your regular wages up to a maximum weekly limit, for as long as your disability lasts or up to 104 weeks. For certain severe disabilities, you can receive 80% of your regular wage for up to six months.
Temporary Partial Disability – If you are able to work but are placed on light duty or restricted status, and your new wage is less than 80% of your prior earnings, TP benefits can be awarded to offset the difference in pay.
Permanent Partial Disability/Permanent Total Disability – If your disability is permanent, you can apply to be evaluated for a disability rating, and receive Impairment Benefits or PT benefits based on your disability rating.
Wage replacement benefits start on the eighth day after the accident/injury, but if the disability lasts longer than 21 days, you can go back and recoup benefits for those first seven days.
What can go wrong and how a Lakeland workers’ compensation attorney can help
Workers’ compensation benefits are supposed to be easy to receive and keep you from having to sue your employer and prove negligence in order to recover compensation for an injury. In reality, however, employers and their insurance carriers find many reasons to challenge and deny your claim for benefits. For instance, they may claim that your injury was not work-related, that it happened outside of the workplace, or that you are exaggerating how serious the injury is. If your claim is denied, the Lakeland workers compensation attorneys at Mank & Mank can help by requesting an administrative hearing to plead your case, or litigating the matter in district court if necessary.
It is also possible to sue an employer for an on-the-job injury in certain circumstances, such as if your company is uninsured, or if your boss engaged in willful or intentional misconduct which was virtually certain to lead to an injury. This could include disabling safety features on equipment or forcing you to work without the proper protections. As experienced personal injury civil litigators, our attorneys will thoroughly investigate all aspects of your injury in addition to your workers’ compensation claim, including a possible lawsuit against the employer or a third party who may be civilly liable for your injuries.
Help with Workers’ Compensation Claims in Lakeland and Polk County, Florida
When you have been injured on the job, it is important to notify your employer as soon as possible to protect your rights to receive workers’ compensation. You should notify your employer any time you suffer a workplace injury, even if you do not know at the time whether you will need medical attention. Don’t worry, you are protected by law against any retaliation for filing a claim, and this can include notifying a supervisor about an injury.
After you notify your employer, you next step should be to call an attorney who will advise you and represent you as needed throughout the workers’ compensation process. In Lakeland and Polk County, call Mank & Mank at 863-808-1344 for a free consultation about your claim. Our experienced Lakeland workers’ compensation attorneys can help today.