Workers' Compensation in Fort Myers

The Florida workers' compensation system is supposed to simplify the process of getting medical care and wage assistance when a worker is injured. It's a no-fault program that allows workers to collect benefits without proving the employer was negligent. Most employers have an obligation to provide these benefits. However, there are situations when you may need legal help to obtain the benefits you're entitled to receive. Here are some issues that our clients encounter:

When your claim is denied - Your employer's insurance carrier may deny your claim for varying reasons, some of which are not legitimate. Our Fort Myers workers' compensation attorneys can help overcome opposition by challenging their position.

When you're asked to make a recorded statement - You may receive a request to make a recorded statement concerning your injuries and how they came about. This is not unusual. However, you may need guidance on what to say so you don't unintentionally hurt your chances of getting your claim approved. Insurance adjusters are trained on how to interview claimants. You have not likely been trained on how to protect your rights.

When your employer retaliates - It is illegal if you've been threatened because you want to file a claim or your employer has taken retaliatory steps after you've filed a claim. Our Fort Myers compensation attorneys can take measures to ensure threats or retaliation are met with consequences.

When your disability rating is disputed - Your benefits depend entirely on your disability rating. It dictates how much you get and for how long. Your treating doctor is responsible for giving you this rating which insurance carriers may dispute. Suppose you've been given a permanent total or partial disability rating. In that case, you may be subject to exams, which is within the insurance carrier's rights. However, this is often the precursor to a dispute. You may need legal help if you disagree with your disability rating.

When you have issues getting medical care - Insurance carriers are always looking to avoid costs. As such, they may argue that a portion of your treatment or surgery isn't necessary. You shouldn't have to accept poor medical treatment for your valid workplace injury. Morgan and Morgan can help ensure you get the medical care you deserve.

You've sustained catastrophic injuries - Life-altering injuries often lead to permanent or temporary total disability ratings, which obligate insurance companies to pay benefits for an extended period of time. Because of this, you may be subjected to aggressive opposition as they try to minimize your injuries or argue they don't exist. When a lawyer represents you, you're less likely to be taken advantage of and, in all probability, will receive a higher settlement.

You have up to 30 days to report an injury that occurred while working. Still, we recommend you report a workplace injury as soon as possible. In the case of an occupational illness, you should report it as soon as you discover it. Your employer's workers' compensation insurance carrier may use any delay to deny coverage. Once you report it, your employer must contact them within seven days. Then you should expect to receive an informational brochure within three days that details the next steps. 

Workers should expect to have their medical needs covered if any injury is sustained or an occupational illness is acquired through their employment. Still, some employee injuries or conditions might be challenged as not resulting from their job. Suppose you break your ankle after falling over a piece of equipment in front of several coworkers. In that case, you're usually not going to have an issue collecting benefits.

However, some injuries may be more closely scrutinized. Although repetitive use injuries are covered, you might find yourself questioned. For example, if you work as a butcher but also enjoy playing baseball, once you develop a condition like "tennis elbow," an insurance carrier may argue that your hobby is the source rather than your work and use this excuse to deny benefits.

When situations like this happen, it's helpful to look to our Fort Myers workers' compensation attorneys. Workers shouldn't be penalized because they enjoy activities outside of their employment. We can engage medical professionals to demonstrate the likelihood of developing repetitive movement syndrome is in step with your duties as an employee. While any "extracurricular" activities may aggravate the problem, it isn't necessarily the main reason behind its development.

Morgan and Morgan are experienced in dealing with workers' compensation insurance carriers. Our familiarity with their tactics to deny liability empowers us to fight back for our clients. 

Injured workers are entitled to receive two-thirds of their average weekly wage up to the maximum allowable, updated yearly. Catastrophic injury benefits (paralysis or blindness, for example) are higher at 80% of the worker's pre-injury wage for the first six months with no maximum cap. 

Temporary total disability benefits should continue for a maximum of 104 weeks or until you meet one of these developments:

• Your treating doctor releases you to return to work
• Your doctor states you've reached the level of maximum medical improvement (MMI), meaning that you have recovered as much as you'll ever be able to, even with future treatment
• You've collected benefits for the maximum allowable time

You may continue to receive temporary partial benefits if your doctor states you can return to work but are restricted from doing some labor (lifting heavy objects, or standing for an extended period, for example.) These benefits are meant to bridge the pay gap if your condition causes you to work in a position for less income than what you received pre-injury.

Workers with a permanent partial disability rating may continue to receive benefits after temporary benefits have expired, of which the amount will be based on the nature of their disability until death.

Workers who are permanently totally disabled are entitled to collect wage benefits for as long as they cannot work up to the age of 75. Afterward, they are entitled to collect Social Security Benefits.

Suppose you've been partially or totally permanently disabled. In that case, we urge you to reach out to Morgan and Morgan before you agree to any settlement. We can review the settlement terms to ensure you're getting everything you deserve and will advise you if the payment will conflict with any other services you are receiving.