Zephyrhills Workers’ Compensation Attorney

You are owed workers’ compensation if you are injured while at your workplace, but it’s not uncommon to be denied benefits. Workers’ compensation is an insurance program that covers a percentage of wage loss and medical expenses after a work-related injury. Although workers’ comp operates on a no-fault basis (you don’t have to prove that your employer was negligent), getting those benefits can be challenging. 

If you need help with a workers’ compensation claim or appeal, our team at Kogan & DiSalvo is here to help. We represent injured workers across Pasco County and throughout Florida. An experienced Zephyrhills workers’ compensation attorney will help you navigate the complexities of the process and explain how the law applies to your unique situation. Call today for a free consultation.

Am I Eligible for Workers’ Comp?

The healthcare, retail, and construction industries are the biggest employers in Pasco County, and all companies (with a few minor exceptions) must carry workers’ compensation insurance. If you were injured on the job and are unsure whether you have a right to workers’ comp benefits, ask the following questions:

Are You an Employee?

Employees, not independent contractors, are covered by workers’ compensation insurance. You are an employee if you regularly receive a paycheck with deductions and a W-2 form at the end of the year. Part-time and seasonal workers are also employees.

If you are classified as an independent contractor, you are probably not eligible for benefits, but you may still want to talk with an attorney. In some cases, employers misclassify employees to save money. A skilled workers’ compensation lawyer can evaluate your job responsibilities, employment terms, and other factors to determine your proper classification.

Did Your Injury Occur on the Job?

Only a work-related injury will qualify you for benefits. Common causes of work-related injuries include:

• Equipment accidents
• Fires
• Explosions
• Scaffold collapses
• Falls from heights
• Vehicle accidents (only if the accident occurred while you were driving for work, not commuting to or from work)
• Repetitive stress
• Exposure to toxic chemicals
• Trip and falls on slick surfaces
• Bunched up carpeting

In addition, if your accident occurred during off hours, you are probably not eligible for benefits. However, if job activities aggravated or exacerbated a pre-existing injury, you may be eligible, even if the original injury occurred long before you started your job.

Report Your Work Accident

Strict timelines apply in Florida workers’ compensation claims. You have thirty days to report your accident to your employer. Once you report it, your employer must file a claim with its workers’ compensation insurer within seven days. The carrier has fourteen days to report the claim to the Florida Division of Workers’ Compensation.

However, if your employer fails to report your injury to the insurer, you may need to file a claim with the insurance company directly. Generally, it is best to speak with an attorney before trying to handle this on your own. 

What Benefits Are Available?

Injured workers in Zephyrhills and throughout Florida are generally entitled to the following benefits:

• Medical expenses: Workers’ comp should pay for all reasonable medical costs arising from an on-the-job injury, including doctor’s visits, hospitalization, diagnostic tests, medication, and physical therapy.
• Wage loss: If your work injury has left you temporarily disabled, workers’ comp should pay about two-thirds of your average weekly wage until you are medically cleared to return to work. If your disability is permanent, but you can still return to work in another capacity, your benefits will depend upon a disability rating given to you by your doctor. If you can never return in any capacity, you may be entitled to benefits that last the rest of your life.
• Vocational training: In some cases, injured workers cannot return to their old jobs but can find other types of employment. Workers’ compensation should pay for the vocational training required to adapt to new job responsibilities in these cases.

A knowledgeable workers’ comp lawyer can help you maximize your benefits by ensuring you have thorough documentation to support your claim, including, for example, medical records and eyewitness testimony. You can help by seeing an approved doctor and regularly following their treatment protocols.

Did a Negligent Third Party Cause Your Accident?

Sometimes, a third party (not your employer or another employee) contributed to your injury. Common defendants in third-party workers’ comp claims include negligent drivers, manufacturers of defective equipment, and construction site managers. A personal injury claim can seek additional compensation to cover damages outside of workers comp benefits, like pain and suffering, emotional anguish, and loss of spousal consortium. An experienced personal injury lawyer in Zephyrhills who also handles work-related claims can help you explore all available sources of compensation.

Appealing a Denied Worker’s Compensation Claim

Employers and their insurance companies use several strategies to deny workers’ compensation claims. They may argue that your injury is not as severe as reported, is pre-existing, occurred outside the scope of your employment, or was self-inflicted or the result of horseplay, fighting, or intoxication.

You can appeal if your employer or their insurance carrier has denied your claim. The workers’ compensation appeals process in Florida runs as follows:

• After a denial, the first step is negotiating for a fair settlement. If your attorney enters into negotiations with a strong case, that may be all it requires to compel the insurance company to pay the full value of your claim without having to file a formal appeal.
• If negotiations fail to deliver the desired result, your attorney can file a petition for benefits with the Office of the Judges of Compensation. These petitions are fact-intensive and must contain details regarding the nature of your injury, work duties, medical treatment, and the benefits to which you are entitled.
• The next step of the appeals process is mediation, an informal process in which both sides meet with a neutral, third-party mediator and attempt to find common ground.

Finally, if mediation fails, your attorney can represent you before a workers’ compensation judge who will render a final decision.

Schedule a Free Consultation for Your Workers’ Comp Claim in Pasco County

We understand that your work injury is not just a legal matter—it is your life. When you choose Kogan & DiSalvo, you’ll have a world-class pool of resources working relentlessly on your behalf. Our accomplished team has devoted their legal careers to helping injured workers return to a financially and emotionally stable situation with honesty, integrity, and individualized attention.

If you are seeking a dedicated and experienced lawyer to handle your workers’ comp claim in Zephyrhills or anywhere in Pasco County, Kogan & DiSalvo is here for you. Schedule a free initial consultation today.