Workers' Compensation
Be sure that you are properly compensated for your loss of income due to an on the job injury, and that you are aware of and receive all health benefits to which you are entitled. James R. Parris, P.A. in Jacksonville, Florida, can help. We specialize workers' compensation law.
James R. Parris, P.A. represents you when you are hurt on the job and have been denied medical or lost wage benefits. While every case is different, if a benefit has been wrongly withheld, we start the process by filing a claim to initiate benefits. We keep you informed throughout the entire process and we make sure you are aware of any court proceedings, depositions, mediations or any other issue concerning your claim.
Once retained, we notify your employer and insurance carrier that we have assumed representation of your claim and instruct them to communicate through us. This is to ensure that your rights are preserved and to alleviate any concerns of being misled by your employer or insurance company concerning your benefits. And best of all, there is no charge unless we prevail or you elect to settle your claim.
When you are injured on the job or in an accident, make sure you understand your right to medical care and wage loss benefits as early as possible. Untimely action may result in a delay of benefits or a denial of a claim altogether. James R. Parris, P.A. is here to help you understand your rights.
Contact James R. Parris, P.A. for a free consultation about your workers’ compensation claim or motor vehicle accident. During your consultation, you will speak directly with an attorney, who will inform you of your rights under Florida law. You pay nothing unless a recovery is obtained.
FIVE THINGS YOU SHOULD KNOW IF YOU ARE INJURED ON THE JOB:
1. Workers’ compensation attorneys are paid on a contingency basis. This means you do not have to pay fees for attorney services unless the attorney procures a recovery, so there is no risk for you to have an attorney. Upon hiring us, the amount of fees you will ultimately pay will be 25% of the total value of all benefits and/or settlement obtained in your workers' compensation case, depending on the amount of the recovery, and the fee must be reviewed and approved by a judge. Considering all the complexities of the Workers’ Compensation Act, it makes sense to let an experienced attorney guide you through the process. Insurance companies always have the benefit of legal advice at their immediate disposal, and so should you!
2. Your injury need only arise out of the course and scope of your employment to trigger your eligibility for benefits. This means you do not have to prove your injury was due to someone’s fault. Unlike regular civil lawsuits (eg., car accidents), workers’ compensation is designed to ensure that injured workers are provided with appropriate medical care so they may return to gainful employment as quickly as possible. If an injured worker is unable to work while recovering from an injury, he may be entitled to indemnity (wage loss) benefits until he recovers sufficiently to resume employment.
3. Your eligibility for wage loss benefits does not begin until you miss eight consecutive days from work because of your injury. Simply put, a workers’ injury must be disabling enough that it will force him to miss eight consecutive days before wage loss benefits kick in. The eight-day grace period is intended to deter frivolous wage loss claims for non-disabling injuries. You may use sick leave during this time period. Wage loss benefits are approximately 2/3 of an injured worker’s average weekly earnings, before deductions.
4. Only workers’ compensation approved physicians may provide medical opinions about your injury. Without question, a physician’s assessment of your work injury will have a significant impact on how your case is handled by the insurance company, and some injuries do not become apparent until much later. For this reason, it is extremely important that you notify your supervisor or whoever administers employee benefits at your place of employment if you suspect you have sustained a work related injury, and insist that they arrange a medical appointment with an approved workers’ compensation physician. If you are treating with your own private physician for an injury whose cause you are unsure of and he tells you that it is related to your work, immediately notify your supervisor. Do this in writing.
5. A false statement, whether verbal or in writing, made to anyone involved in your claim may result in a dismissal of all benefits, and may subject you to criminal prosecution. First, it is important to know that you are not required to give a recorded statement to an insurance company, and you should not do so. Recently, the workers’ compensation appellate court determined that verbally misrepresenting the severity of your symptoms could be considered a false statement if your physician determines that your complaints are wholly inconsistent with his clinical observations or diagnostic reports. Also, be mindful that insurance companies routinely hire private investigators to conduct video surveillance of injured workers in the hopes of catching someone performing activities they claim they are unable to perform. Don’t let this happen to you!
