8 Best Sarasota, FL Workers Compensation Attorneys | Expertise.com (2024)

Providers

FAQs

• What is the non-emergency contact number for the local police station in Sarasota, Florida?

  Call (941) 263-6773 to report non-emergencies to the Sarasota Police Department.

• Where can I get a copy of police report for incidents related to my case in Sarasota, Florida?

  You can request a copy of a police report in person at the Sarasota Police Department Records Unit. You can also mail your request to the unit or email it to spdpublicrecords@sarasotafl.gov. Please call (941) 263-6045 prior to going to the Records Unit or mailing your request. The Records Unit is open Monday to Friday, 8 AM to 5 PM. Report requests can also be made online at https://sarasotafl.justfoia.com/publicportal/home/newrequest.

  Address: Sarasota Police Department Records Unit 2099 Adams Lane Sarasota, FL 34237

• Does workers’ compensation insurance in Sarasota pay your salary while you are recovering from your injury and can’t work?

  Workers’ compensation insurance will pay two-thirds or 66.66% of your average weekly salary. However, your first seven days of absence from work due to a work-related injury will only be paid if your absence is more than 21 days. This is according to Florida Statutes Section 440.12. If your absence exceeds 21 days, you will be paid for the initial seven days retroactively. Usually, employees under workers’ compensation in Sarasota receive payment through a bi-weekly benefit check.

• Is there a deadline for reporting your injury to your Sarasota employer?

  Florida Statutes Section 440.185 says you must report the injury to your employer within 30 days. The Sarasota employer should then report the injury to the workers’ compensation insurance company within seven days. Under Florida Statutes Section 440.20, the insurer must release the first installment of your benefits or deny the claim within 14 days of getting your employer’s report.

• Can you choose your own doctor if you are under workers' compensation insurance in Sarasota, FL?

  Unfortunately, you can’t personally pick the doctor who will treat your work-related injury. If you are receiving benefits, the workers’ compensation insurance company will choose the doctor who will authorize treatment options for you. If you refuse to see the insurer’s doctor and proceed to see a different one, or are getting treatment from both the insurer’s doctor and another doctor in Sarasota, it can be considered noncompliance, resulting in terminated benefits.

• How does “major contributing cause” affect your workers’ compensation claim in Sarasota, FL?

  According to Florida Statutes Section 440.09, your work must be the "major contributing cause" of the injury in order for it to be compensable. The statute defines "major" as 51% responsible. If a medical evaluation determines that a pre-existing ailment or another factor was 50% or 51% to blame for the injury, you may face challenges or denial of your Sarasota workers' compensation claim.

• Are workers’ compensation benefits taxable in Sarasota, FL?

  You don’t have to pay taxes on your workers’ compensation benefits in Sarasota. Florida Internal Revenue Code Section 104(a)(1) excludes from the calculation as gross income the amounts an employee received from workers’ compensation insurance. However, if you return to work, even on light duty, and earn wages again, you will have to pay taxes on those wages.

• What does a workers’ compensation attorney do?

  Workers’ compensation attorneys help injured employees recover monetary benefits following workplace accidents and illnesses. Attorneys in this practice area provide legal advice, gather evidence, review medical records, prepare petitions, and negotiate insurance settlements. They also represent clients’ interests during court cases and administrative hearings overseen by state workers’ compensation boards.

• What are the benefits of filing a workers’ compensation claim?

  Workers’ compensation insurance gives employees access to vital cash benefits in case of workplace injuries or illnesses. Filing a claim can help injured workers pay for medical care, physical therapy, and essential living expenses while they recover from a temporary or permanent disability. Workers’ compensation also pays for funeral and burial expenses following fatal workplace injuries.

• How long does a workers’ compensation claim stay open?

  Workers’ compensation claims typically remain open as long as the individual is receiving treatment or until the injured party reaches maximum medical improvement. This milestone varies for each person, and it can take years to determine whether a disability is temporary or permanent. Additionally, there’s a fixed time limit for filing a lawsuit. The statute of limitations can be anywhere from six months to two years from the date of the injury or the date of the last payment, depending on the worker’s state of residence. A qualified attorney can explain your state’s specific rules.

• What is the average payout for a workers’ compensation claim?

  Nationally, the average workers’ compensation claimant receives $21,800. Payouts range from $2,000 on the low end to upwards of $60,000 for well-compensated workers in high-income areas. The exact amount depends on the claimant’s average weekly paycheck, the extent of the injuries, and their state of residence. Individuals who accept an insurance settlement or initial offer typically receive less than those who negotiate or have an attorney represent them before an arbitrator or workers’ compensation judge.

• How are settlements calculated in workers’ compensation cases?

  Settlements typically cover current and future medical expenses, vocational rehabilitation or retraining, and two-thirds of lost wages. The total amount may vary depending on whether the worker’s disability is temporary or permanent. Workers’ compensation also pays death benefits, including funeral expenses and two-thirds of wages for up to 25 years or a state-specified maximum.

• What is workers comp?

  Workers' compensation is an insurance program that provides medical care, rehabilitation, and other benefits for employees who are injured or fall ill while performing assigned work duties. Common reasons for filing a workers' comp claim include slip and fall injuries, machinery accidents, or muscle strains while lifting heavy items.

  All businesses must carry some form of workers' compensation insurance, with minimum guidelines imposed by the state of residence. Workers' comp is intended to safeguard both the employee and the employer by providing a social safety net. This can protect companies from civil suits and guarantee that injured employees receive the benefits they need.

• What does workers comp cover?

  Workers' compensation insurance covers benefits associated with a wide range of accidents and illnesses that may occur in a place of work. This can include:

  • Medical benefits, such as payments for treatments, hospitalizations, or surgeries
  • Compensation for lost wages while not working
  • Coverage for ongoing care, such as physical therapy
  • Continued access to benefits, including insurance provided through an employer
  • Disability benefits, if an injury results in a permanent loss of functioning in some manner
  • Death benefits and funeral expense coverage

  How and when workers' compensation coverage applies depends on the illness or injury in question and the results of a medical exam. An unsatisfactory ruling by an insurer can be appealed with help from a workers' comp attorney.

  
  

• What does a workers comp defense attorney do?

  A workers' compensation defense attorney is a legal professional who represents the employer in a workers’ comp case. Typically, the defense attorney works to minimize the employer’s liability and reduce the amount of benefits to be paid out.

• When does workers comp start paying?

  How and when workers' comp starts paying can depend on both the circ*mstances and the state in which an injury took place. In most areas, benefits related to medical care start paying out immediately, even before a claim is formally processed or accepted. Once a case is approved, injured workers may be entitled to other benefits, including coverage for lost wages.

• How much is workers comp insurance for self-employed people?

  Workers' compensation isn't required for self-employed individuals, but those working in dangerous industries, such as construction or manufacturing, may choose to purchase policies. In some cases, employers may request this coverage when hiring a contractor. While costs will vary based on industry and location, most freelancers can expect to pay around $25 to $50 per month.

• How do I file a workers comp claim?

  A workers' comp claim is best filed as soon as an injury occurs. In some states, there are time limits, such as one month following an incident.

  After an injury, an employee must notify their employer. The employer must then provide access to the necessary forms and offer guidance. Employees must fill out all forms and return them to the employer who then files them with the insurer. Some states have additional requirements, including assessment by a medical provider. Once the paperwork has been filed, the insurance provider issues a ruling. If the ruling is unfavorable, the employee may choose to appeal the decision with the support of an attorney.

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