One of the most severe workplace injuries is a traumatic brain injury (TBI). The repercussions can be long-lasting and significantly impact the victim’s physical, cognitive, and emotional well-being. Workers’ Compensation in Florida provides benefits to most injured employees, including medical expenses and a percentage of lost wages. However, navigating this system is challenging; specific rules and regulations govern it, and any missteps, such as incomplete documentation, can lead to delays or even denials of benefits.
The specialized attorneys at Berlin Law Firm are here to stand up for the rights of injured workers in Florida. With over 30 years of experience in this complex legal field, we’ll guide you step by step to ensure you get the full amount of workers’ comp you are owed. We are dedicated to handling your claim effectively and swiftly so you can focus on your recovery and return to work.
The Impact of Brain Injuries on Workers
Employees who sustain brain injuries at work often face significant challenges in their recovery process. TBIs range from moderate to catastrophic and can occur from slip and falls, falling objects, equipment malfunctions, and vehicle collisions on the job. Diagnosing and treating these injuries is complex, expensive, and requires the expertise of a team of medical professionals. A moderate TBI may require several months to recover, while a severe TBI may take months or years.
Applying for workers’ compensation in Florida is overwhelming, especially with the complexities surrounding brain injuries–many struggle to receive the compensation they need for medical treatment, rehabilitation, and ongoing care. Coping with the aftermath requires comprehensive support to address the many challenges individuals face in their recovery journey.
Discuss Your Work Injury Claim for Free
Learn the types of compensation you may be eligible for and have your questions answered. Call today.
Filing a Workers’ Compensation Claim for a Brain Injury in Florida
Workers’ compensation insurance companies employ various methods to deny your claim or minimize the compensation benefits you may be legally entitled to. Our team knows their tactics and will not let their methods work to deny you the compensation you are entitled to and deserve.
If you have suffered a work injury, do not delay reporting the incident to your employer. The state mandates that workers must report their injuries within 30 days of the accident or the discovery of the injury.
In addition, you should do the following:
- Confirm eligibility requirements, e.g., you sustained a brain injury at work, you are directly employed, and not an independent contractor, and your employer has insurance coverage.
- It’s wise to report your injury in writing and notify your employer that you intend to seek benefits from workers’ compensation.
- Keep copies of all text messages, emails, or other communications that prove that you reported the injury within 30 days.
- Once you’ve notified your employer, they will send you a copy of their First Report of Illness or Injury, which they will file with their insurance carrier.
Finally, seek medical attention and give an accurate description of the accident that caused your injury.
Benefits Available for Brain Injury Victims
Workers’ Compensation is a no-fault system. Injured employees are entitled to benefits regardless of who is at fault. This system expedites the process of receiving benefits, allowing injured workers to focus on their recovery.
Benefits include the following:
- Medical Expenses: such as hospitalization, surgeries, rehabilitation, assistive devices, and medication. Seek medical attention from an authorized healthcare provider to ensure your medical expenses are covered.
- Lost Wages: If a TBI prevents you from returning to your job or results in a loss of earning capacity, you may be eligible for wage replacement benefits. According to Florida Statute 440.12(2), injured workers will receive a maximum of 100% of the statewide average weekly rate, rounded to the nearest dollar. This amount changes annually.
- Vocational Rehabilitation: Vocational rehabilitation payments help people who cannot return to their former line of work due to permanent disability.
Schedule a Free Consultation
At Berlin Law Firm, we draw on our experience working for workers’ compensation insurance companies. We understand the tactics and strategies they employ to minimize payouts. This allows us to build strong cases on behalf of our clients. If you’ve been injured due to a work-related incident, we sincerely want to help you. We want to educate and inform you of all the options that are usually hidden from you.
If you or a loved one suffered a brain injury at work, our workers’ compensation attorneys can help–so you can focus on your recovery. Contact us for a free consultation.
Discuss Your Work Injury Claim for Free
Learn the types of compensation you may be eligible for and have your questions answered. Call today.
