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Day Laborers and Workers Compensation Claim in Florida

day laborers and workers compensation

You could be hurt on the job regardless of if you’re an office clerk, laborer, driver, out in the field, at a desk in an office, or working in a factory. As such, the situation will cause you to file for workers’ compensation claims. When you file for workers’ compensation coverage, it means that you can’t work since you get hurt on the job, and to get benefits, you file a claim to get some level of compensation.

Some of the work injuries are:

  • Workplace violence
  • Machinery accident
  • Overexertion
  • Car accident
  • Construction
  • Slip and fall
  • And many more

For the injury you sustain on the job, you can’t sue your coworkers or employer as they are off-the-hook for liability. However, you will still get something out of it because that is the function of worker’s compensation.

Working the Process

Sadly, the process of worker’s compensation doesn’t work like that. Sometimes, employers or even insurance companies attempt to minimize or deny the benefits paid out to employees injured on the job. Their claim may range from the workers’ injuries not as severe as the worker implies or the workers’ injuries developed while they were not on the job.

It tends to be frustrating and time-consuming with the process of recovering worker’s compensation benefits. However, the process can be much easier for you when you consult with an experienced worker’s compensation attorney. You can contact a worker’s compensation lawyer in West Palm Beach to learn more about how you can get the necessary assistance if you or someone close to you has been hurt on the job, and they have denied your claim.

Are You Eligible for a Worker’s Compensation Claim?

Several factors need to be considered when talking about worker’s compensation eligibility, including the industry if the employee works for the federal government or what state in which the employee works. Fundamentally, a worker’s compensation plan covers most employees.

For instance, apart from exceptions, construction companies with even one employee and employers who have four or more employees must provide coverage for them in Florida. Also, in Georgia, there must be a provision of insurance with some liable for subcontractors’ employees for businesses with three or more employees. Every employer needs to provide coverage in a state like New York. The requirements are similar in Massachusetts, even when New York exceptions seem less.

The workers’ compensation laws cover the majority of unintentional deaths, accidents, illnesses, diseases, and injuries occurring in the workplace. Necessarily, workers will not need to prove fault for their injuries to recover benefits since workers’ compensation is a no-fault system.

Some states mandate a worker to report the injury in a workplace to their employer within 30 days of the accident. And after an initial report, the employee has a specific amount of time to file a claim for workers’ compensation. That can be two years in some states. The injured employee must provide accurate details during the initial reporting of the accident, including:

  • Date and time of the injury and accident
  • Cause of accident
  • Location of accident
  • Witnesses and names

Medical Expenses: Who is Responsibility?

Your employer is responsible for all of your medical treatment, vocational rehabilitation, lost wages, and on the worst-case scenario, survivor benefits if you are hurt on the job. However, it is the habit of some employers not to pay workers’ compensation when they use day laborers. It may also be the responsibility of the agency to pay workers’ compensation on behalf of its laborers if you are hired through an agency. Also, when a homeowner employs a laborer for a job, and they are injured while working on the premises, there is coverage for some homeowners’ insurance policies.

You should talk to West Palm Beach Workers’ Compensation Attorneys to seek workers’ compensation on your behalf if you have been injured while working as a day laborer.

How to Appeal a Workers’ Comp Denial?

The insurance company may deny an injured employee’s claim for benefits if:

  • The insurance company blames a worker’s injury on a preexisting condition.
  • The insurance company accuses the employee of misrepresentation or fraud of an injury.
  • The claim by the insurance company is that the injury happened out the scope of duty.

If your claim is denied, you can legally appeal the denial. You can file a petition with a workers’ compensation appeals board in your state when you receive the denial. The process of appealing varies by state. Injured workers in Florida, for example, can file with the Division of Administrative Hearings. Then, a judge will take up the case and also schedule a hearing within 40 days.

Contesting the denial of benefits can be quite complicating. When you consult Felice & Ehrlich, you can leave the case to them as they seek out expert testimony, speak with witnesses, and examine your medical records. They will fight hard to get the compensation you deserve.

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