Injury at the Workplace: Collecting Lost Wages
It is a Monday afternoon and you are at work completing your usual tasks. You are walking back from using the copy machine and trip on a loose rug and are rushed to the hospital. At the hospital you are told that you will not be able to work for six (6) months and you think to yourself how am I going to pay my bills. Under the worker compensation laws in Florida you are protected for your accident and any injury claims. Unlike other lost wages claims, those that occur at the workplace need to follow the worker compensation guidelines to recover any lost wages and any claims related to the injury. Accidents do happen and it is important to know what rights you have if you ever find yourself injured while at the workplace.
Chapter 440 of the Florida Statutes gives an overview of the worker’s compensation law in Florida. The purpose of this law is to help the employee through the injury in order to have them return to the workforce. This law was enacted to benefit the employee through their recovery, but at a reasonable cost to the employer. “Under Section 7 of the statute wages has been defined as the money rate that is exchanged for any services rendered.”
If the employee suffers an injury or death as a result while working at the office or in the scope of employment, the employer is obligated to compensate and provide employee with benefits. Through medical findings, the injury must be one so severe to cause disability and making workers compensation necessary. It is also important that the accident was the driving force of the injury; it must be more than 50% responsible for the injury when comparing it to any other contributing factors to the injury.
Once an accident has occurred at the workplace, there a few steps the employee should follow to ensure a proper worker’s compensation claim is filed.
- Contact employer and notify them that an injury has occurred at the workplace. It is important to do this as soon as possible. Employees have 30 days to report his or her accident or knowledge of an accident to a colleague.
- Ask employer what doctor to see. The employer will let you know what doctor you are authorized to see and which is covered by the workers compensation insurance.
- If the employer is unavailable and you need treatment right away, visit the closest emergency room. Remember to notify your employer of the accident as soon as possible.
At The Hoffman Firm, we have represented many worker compensation cases throughout South Florida who are fighting for lost wages after experiencing an accident at the workplace. If you have a lost wages claim it is important to have someone that will protect your interests and guide you through every stage of the legal process. The legal process can be incredibly stressful, it is essential to have someone that will be your voice and has the experience of representing South Florida residents in worker compensation cases. We are dedicated to providing you with the best the legal team and are compassionate of your needs throughout this process. Call us now at (800) 223-1866 or contact us online to set up your free, confidential consultation now.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More