Bradenton Workers' Compensation Lawyers
Workers' comp is supposed to be the easy part of getting hurt at work, and for a lot of people it is not. We step in when the checks stop or a claim is denied.
Free ConsultationWorkers' Compensation Attorneys in Bradenton
A roofer who falls off a ladder on a job in Lakewood Ranch has an obvious workers' comp claim. The warehouse worker whose back finally gives out after six years of lifting has one too, though he will probably have a harder time getting the insurance company to agree, and the same goes for carpal tunnel and other injuries that build up slowly. The slow ones tend to draw most of the arguments, since the insurance company can usually point to something outside work.
We take workers' comp cases from Bradenton, Palmetto, Lakewood Ranch and Sarasota, and Ohio cases go through our office in Solon. The two states could hardly run their systems more differently, so which state's law covers your injury is the first thing that gets settled.
What workers' comp covers, and what it doesn't
Workers' comp works as a trade. You get medical care and part of your wages without having to show that your employer did anything wrong, and in return you give up the right to sue your employer, with narrow exceptions. Pain and suffering is not part of the deal at all. People are often surprised by that, and it is one of the reasons we always ask whether someone besides the employer had a hand in the injury.
The insurance company pays the benefits, and it also decides, at least at first, whether to pay them. Delays are common. So is blaming the injury on an old sports injury or simply on age, and now and then a worker who is still hurting gets cleared for light duty that does not really exist.
Common Workplace Injuries We Handle
- Back and neck injuries, herniated discs especially
- Broken bones, mostly from falls and machinery
- Head injuries
- Burns, and injuries from chemicals or fumes
- Carpal tunnel and other repetitive stress problems, which are disputed fairly often
- Hearing loss after years around loud equipment
- Amputations and crush injuries
- Occupational illnesses, which can take years to show up
- Mental or nervous injuries, although Florida only covers those when they come with a physical injury
Florida workers' comp rules people miss
| Reporting the injury | Thirty days from the injury, or from when the symptoms first showed up. Miss it and the claim can be barred, although there are exceptions, for instance when your employer already knew. Fla. Stat. 440.185 |
|---|---|
| Choosing a doctor | The insurance company picks. You get one change of doctor during treatment, but only if you ask for it in writing, and the new one has to be authorized within 5 days. Fla. Stat. 440.13 |
| Wage checks | Two-thirds of your average weekly wage, capped at a state maximum. Nothing is paid for the first week unless you end up out of work for more than 21 days, in which case that week gets paid too. Fla. Stat. 440.12 |
| Permanent injury | After you reach maximum medical improvement, a doctor assigns an impairment rating, and impairment income benefits are calculated from it. A low rating is worth questioning. Fla. Stat. 440.15 |
| Filing deadline | Generally 2 years from when you knew the injury was work-related. Each benefit payment or authorized treatment pushes the deadline out to 1 year from that date, if that is later. Fla. Stat. 440.19 |
Ohio handles things its own way. Most employers there are insured through the state's Bureau of Workers' Compensation rather than a private company. A claim has to be filed within one year of the injury, and the appeal window on a decision you disagree with is only 14 days, not much time when you are also trying to recover. You also get more say over your doctor than in Florida, since ongoing care can come from any BWC-certified provider. Our Solon office handles those cases.
Can you sue anyone else?
Often, yes. Your employer is protected by the comp system, but a subcontractor on the same job site is not, and neither is the driver who rear-ended your work truck. The same goes for a company that sold a defective machine. A claim against one of them is an ordinary personal injury case, which means pain and suffering and your full lost wages are back on the table. The workers' comp insurance company will usually want to be repaid out of that recovery, though, so we handle the two claims side by side rather than one after the other.
If your employer retaliates
Firing someone for filing a comp claim is illegal in Florida and in Ohio. Proving that the claim was the reason is another matter, because the employer will usually point to something else, attendance, say, or a write-up from last year, and so the dates and the paperwork end up doing most of the work. Ohio adds two deadlines of its own, written notice to the employer within 90 days and a lawsuit within 180.
Why Choose Podor Law
Workers' Comp Experience
We handle comp claims in Florida and in Ohio, and the two systems have less in common than people expect.
Identifying All Claims
Part of every intake is asking whether someone besides your employer caused the injury, since a third-party claim can cover pain and suffering and comp does not.
No Fee Unless We Win
No attorney's fee unless we get you benefits or a settlement. In Florida a judge also has to approve the fee in a comp case, which is not how most legal fees work.
Medical Network
We work with doctors who treat work injuries regularly and understand what a comp claim needs in the records, within whatever limits your state puts on choosing one.
Decades of Experience
Kenny Podor, our founder, started practicing personal injury law in 1978, and the firm was established in 1985.
Protection from Retaliation
If the claim costs you your job or your hours, we look at a retaliation case, and in Ohio we look at it quickly because of the 90-day notice rule.
Frequently Asked Questions
What should I do if I'm injured on the job?
Roughly in this order, if you are able to:
- Get medical care, and say clearly that it happened at work, because that note in the chart matters later.
- Tell your supervisor the same day if you can, and put it in writing. Florida gives you 30 days, but there is no good reason to use them.
- Write down what happened and who was there while it is fresh.
- Keep your appointments. Missed appointments are one of the first things an insurance company points to.
- Be careful with recorded statements to the insurance company.
- Don't sign a settlement or a release before someone has looked at it.
Can I choose my own doctor for a workplace injury?
In Florida, mostly no. The insurance company chooses the authorized doctor, and what you get is one change of physician during your treatment, which has to be requested in writing. Once it is, the insurance company has 5 days to authorize someone new, and if it doesn't, you can generally pick the doctor yourself. Ohio gives you a lot more room. For the first visit or emergency care, any qualified provider will do, and after that you can choose any BWC-certified doctor, while your employer's managed care organization (the MCO) approves the treatment and pays the bills.
Can I be fired for filing a workers' compensation claim?
Not for that reason, no. Florida and Ohio both prohibit it. The harder part is that employers rarely say that is why, and an employer is still allowed to let someone go for reasons that have nothing to do with the claim. So keep everything, the emails, texts, schedule changes and written warnings, even the dates you were moved to a different shift. In Ohio the clock is short, with written notice due to the employer within 90 days and the lawsuit within 180.
What's the difference between workers' compensation and a third-party claim?
Who you are claiming against, mainly, and what you can get. A comp claim is against your employer's insurance and doesn't depend on fault, but it pays only medical care and part of your wages. A third-party claim is a regular negligence case against someone else whose carelessness contributed to the injury, a contractor, for example, or an equipment manufacturer. You have to prove fault there, which takes more work, but the damages are much broader and include pain and suffering. Both can run at the same time, and the comp insurance company will usually expect to be repaid from the third-party recovery.
What if my workers' compensation claim is denied?
Then you challenge it, and how depends on the state. Ohio is strict about timing. An order from the BWC or a hearing officer has to be appealed within 14 days of receiving it, and that is not a deadline anyone should test. In Florida, you file a Petition for Benefits with the Office of the Judges of Compensation Claims, generally within 2 years of when you knew the injury was work-related, or within 1 year of the last benefit payment or authorized treatment, whichever comes later. Most of these disputes are decided on the medical evidence, which is why the doctors' records get so much of our attention.
Injured at Work? We Can Help
The consultation is free, and there is no attorney's fee unless we get you benefits or a settlement. If you call, the first thing we will do is figure out which deadlines are already running.
Schedule Your Free Consultation