Workers’ Compensation Information
Frequently Asked Questions about Workers' Compensation
Q: What is workers' compensation?
A: To take the uncertainty out of the circumstances following a work-related injury or industrial illness, the workers' compensation system provides a reliable procedure for resolving resulting problems. Broadly, if the injury occurs in the course of employment, regardless of whether the employer was negligent or otherwise at fault, the worker receives benefits that may include wage replacement, medical coverage or other assistance. The employee is not allowed to sue the employer for the injury and the employer must carry insurance or otherwise legally provide a means to cover workers' compensation expenses. Most employers are subject to the workers' compensation system, but some states exempt smaller employers, and most federal workers and certain national industries are covered instead by comparable federal programs.
Q: What types of injuries or diseases are covered?
A: Virtually all types of work-related physical injury and industrial illness are covered by workers' compensation. Very commonly covered conditions include repetitive-stress injuries (RSIs) like carpal-tunnel syndrome (CTS), back injuries, traumatic injuries, wounds or bodily reactions to substances. Many states also cover mental or emotional harm, but the standards for psychological coverage vary greatly from state to state. Pre-existing conditions are generally not covered unless aggravated at work.
Back injuries and repetitive motion injuries such as carpel tunnel syndrome are among the most common work-related injuries for which workers’ compensation benefits are paid. Contact an attorney to determine whether you have a valid claim.
Helping Those Hurt in the Workplace
Your employer has workers’ compensation insurance to cover your medical costs and provide you with financial support if you have to miss work. In Florida, workers’ compensation coverage is mandatory for all businesses that have four or more employees. If an employer is not covered, they are breaking the law. The question is usually not whether or not they have coverage, the question is how do you gain full access to benefits?
That’s where we come in. At the law firm of DiCesare, Davidson & Barker, we have the experience to help you get the benefits you need. Each of the partners at our firm possesses more than 20 years of legal experience. Additionally, the Lakeland workers’ compensation lawyers at our firm are Board Certified in Civil Trial Law and Board Certified in Workers’ Compensation by the Florida Bar. We know the law and we know how to make it work for you.
Polk County, Florida, Work Injury Claim Lawyer Handling All Aspects of Workers’ Comp
Our lawyers assist people in Lakeland, Winter Haven, Bartow, Lake Wales, Haines City and throughout Central Florida with all workmans’ comp issues, including:
We are able to assist all people who have suffered work-related injuries, including construction workers, mine workers, truck drivers and trucking company employees, workers at retail centers and more.
Getting You the Benefits You Need
If you are like most people, you have been trying to deal with your employer and the insurance carrier on your own. At first, medical treatment, wages and your relationship with your employer may have been easy. Unfortunately, after a short time we sometimes see the problems start. That is one of the many reasons to hire a lawyer for your workers’ comp claim.
Whether you were just injured and you’re just beginning the process or you have reached a roadblock while trying to handle it yourself, you can be confident that we can help you
Learn More About Workers’ Compensation Claims
If you have been injured at work and are seeking workers’ comp benefits, you may have some questions about the process. At the law firm of DiCesare, Davidson & Barker, our lawyers have answers.
Below, you will find general information about the workers’ compensation system. You’ll be able to get answers to many of the basic questions. When you are ready for answers to questions that are more specific to your case, our attorneys are available. We serve injured workers in Lakeland, Haines City and throughout Central Florida.
Contact us today. We’re ready to help you from the start of the process to the finish.
Workers’ Compensation – An Overview
US employers and their employees rely on our dependable workers’ compensation system to resolve disputes about vocational injuries and disease and to provide for related worker needs. Workers’ compensation benefits are commonly awarded for work-related injury, illness and death, helping to meet the needs of injured workers and their families even when faced with overwhelming situations. If you or your family member is injured or becomes sick in the course of employment, an experienced and skilled workers’ compensation lawyer from DiCesare, Davidson & Barker, P.A. in Lakeland, Florida, can assess your potential workers’ compensation claim.
History and Origin
The idea of workers’ compensation has its origins in Germany in the early 1800s. The industrial revolution brought dangerous new workplaces into existence such as railroads, factories and mines with accompanying increases in injuries, deaths and new work-related diseases. Social and political sympathy for the common worker grew and led to the enactment of early workers’ compensation legislation.
Employer Retaliation against the Workers’ Compensation Claimant
Workers’ compensation is sometimes viewed as a compromise between employees and employers: workers give up the right to sue for large awards in court in exchange for certain and timely, albeit relatively lower, reimbursement for work-related injuries and illnesses. Employers accept responsibility for these injuries and illnesses even if they are not at fault, but they no longer have to worry about being tied up in court and potentially liable for large verdicts.
Workers’ Compensation Death Benefits
In addition to workers’ compensation benefits for workers for their job-related injuries and illnesses, if such maladies ultimately result in death, certain survivors have the right to receive death benefits through their states’ workers’ compensation systems. If you are the family member or dependent of an employee who died from an injury or sickness incurred in the course of his or her employment, a knowledgeable workers’ compensation attorney can advise you about workers’ compensation death benefits.
Rather than Collecting Workers’ Compensation, May I Bring a Lawsuit Against My Employer?
Workers’ compensation is usually the only legal remedy for an employee injured or sickened in the course of employment. The public policy behind workers’ compensation envisions a bargain between employers and employees in which workers give up the right to sue their employers in court in exchange for the guaranty of workers’ compensation benefits. This reduces tension in the workplace by creating a predictable method for resolving employer-employee conflict. Although workers’ compensation awards tend to be smaller than those in lawsuits, employees are not left without support during drawn-out court proceedings with unsure outcomes.
What Are the Vocational Rehabilitation Rights of Injured Workers?
Vocational rehabilitation is the process of rebuilding work skills as part of recovering from an injury or illness. Sometimes an injured individual can eventually return to his or her previous job. If an injury places long-term or permanent limitations upon the person, retraining for a new type of job may be necessary. Depending upon the law of your state, if you require vocational rehabilitation after a job injury or industrial illness, your employer or its workers’ compensation insurer, or the state, or some combination of these three resources may be required to pay for your vocational rehabilitation services as part of your workers’ compensation benefits.
Workers’ Compensation Resource Links
AFL-CIO
Federation of 54 labor unions provides information on workers’ compensation and links to information on occupational health and workers’ rights.
Bureau of Labor Statistics (BLS)
Provides statistics and articles on injuries, illnesses and fatalities in the workplace from the federal government’s labor statistics agency.
Job Accommodation Network (JAN)
A free consulting service for workers with disabilities and their employers from the US Department of Labor that provides information about job accommodations, the Americans with Disabilities Act (ADA) and the employability of people with disabilities.
Legal Information Institute
Overview of workers’ compensation law from Cornell Law School.
National Institute for Occupational Safety and Health (NIOSH)
Provides comprehensive information on workplace injuries from a division of the Centers for Disease Control and Prevention (CDC).