Ocala Workers’ Compensation Lawyer
As an employee, you have access to workers’ compensation—no fault compensation awarded to workers who get sick or injured on the job. Workers’ compensation pays for partial wage replacement as well as the injured or ill worker’s full medical expenses. Filing a workers’ compensation claim can be difficult, however, and many claims are denied due to improper paperwork, late filing dates, and other filing mistakes. Many other claims are denied because the injured party’s employer or the employer’s insurance carrier simply want to avoid losing money, and find ways to pick apart the claim so as not to be burdened with having to pay out. Because of this, it is crucial to work with an experienced Ocala workers’ compensation lawyer and our legal experts at The Pendas Law Firm are ready to take on your case.
Workers’ Compensation is Different Than a Personal Injury Lawsuit
Workers’ compensation is awarded on a no-fault basis. This means that no matter who was at fault for causing the accident, the injured worker will still be able to file for workers’ compensation. This differs from a personal injury claim, in which the injured plaintiff can only be compensated if another party is found to be at fault. The two types of compensation differ in what types of damages can be awarded as well. Workers’ compensation pays up to two-thirds of an employee’s average weekly wages for a set period of time, and covers medical expenses related to the injury or illness. However, the worker can only see a doctor in their employer-sponsored network. A personal injury tort covers full wage replacement, pain and suffering damages, loss of joy of life, disfigurement, medical expenses, and more. And, it allows the injured victim to seek the type of medical care and doctor of their own choosing.
Lengths of Disability Payment
An employee can file for temporary total disability (TT), temporary partial disability (TP), permanent total disability (PT), or permanent partial disability (PP) depending on their condition. An employee who can perform some of their normal job functions would qualify for partial disability, while a completely disabled employee would qualify for total disability, which would generally be a higher amount.
- Temporary Total (TT) and Temporary Partial (TP)—Up to 104 weeks at two-thirds of the employee’s average weekly wages, with a maximum of $939 per week for 2019, according to the Social Security Administration;
- Permanent Total (PT)—Two-thirds of the employee’s average weekly wages, paid until the disability is gone or until the employee turns 75;
- Permanent Partial (PP)—Compensation depends on how impaired the employee is.
Workers’ compensation may also be paid in a lump sum form. Death benefits may be paid to the victim’s spouse or children, and expenses may be covered for funeral and burial services.
Resolving Problems With Workers’ Compensation Claims
Our legal services are focused around making sure you and your family are successful in receiving full benefits, which often means negotiating with insurance companies or even resolving the matter in court. Common reasons that employers and insurers give for denying injured workers their benefits include not agreeing upon the severity of the injury, claiming that the injury was a preexisting condition, claiming that the injury did not occur at work, claiming that the injury was self-inflicted and therefore fraudulent, and claiming that the worker was drunk or using drugs on the job.
Our Workers’ Compensation Lawyers Are Here to Help
According to ProPublica and the U.S. Department of Labor, workers who get injured on the job are at a “great risk of falling into poverty” because states have drastically reduced workers’ compensation benefits and workers’ rights. Because of this, it is crucial to work with an experienced Ocala workers’ compensation attorney. Here at The Pendas Law Firm, we assist clients by maximizing their workers’ compensation, helping them to avoid falling into debt or bankruptcy and at the same time, ensuring that they receive the high quality medical care that they need and deserve. Call 1-754-800-0000 to schedule a free consultation today.