Some injuries take longer to manifest than others. Your first and primary obligation is to notify your Employer of the accident and possible injuries within thirty (30) days of your accident. It is best to include every aspect of your injuries, even if you do not necessarily think you need immediate treatment. Insurance companies may attempt to deny a specific body part if you do not include it in your initial reporting of the claim. After you have reported an accident with injuries, you have two (2) years from the date of the accident to seek  workers' compensation treatment and benefits. But do not wait that long to assert your rights. Get legal advice and assistance,  or else you may end up waiting too long.   

Common Myth #5: My work can’t fire me while I’m on workers comp

Call us at (904) 398-0811 or email at Holley@jaxcomplaw.com to set up a free consultation. 

Common Myth #4: The Workers' Comp doctor released me, so my case is over

Common Myths about Florida Workers' Compensation

Do not rely on the insurance company's statements. Your case may be still open. You could be entitled to future medical care and/or additional indemnity benefits. You may have the option to seek a different doctor through workers' comp. Also, you may be able to negotiate a lump sum settlement in exchange for formally closing your claim. But, do not waste time: there are very strict time limits on your ability to seek workers' comp benefits. If you wait too long, your case could close by the passage of time. Get legal advice as soon as you can. Our attorneys can help you determine if additional benefits are available or if settlement is possible. Get the knowledge you need to make the best decision for you and your future.  

This is wrong. Workers' Compensation is designed to provide medical and indemnity (lost wage) benefits to injured workers, regardless of whose fault the accident is.  So long as you were within the course and scope of your employment, and the accident/injuries arose out of your employment, you should qualify for workers' comp benefits. We are here to help you determine if you qualify for benefits and help you seek them. 

Common Myth #6: I didn't get medical treatment immediately after my accident, maybe it's too late? 

Workers' Comp is complex. Our workers' compensation attorneys do more than fight for indemnity (lost wages) and medical benefits. We educate you about benefits that you may entitled to, for example: an increased amount of workers' comp checks, mileage reimbursement for doctors' visits, reimbursement for family members providing attendant care to you while you recover, or handicapped accommodations in your home. We review your case for free and give you guidance. We advise you about the process, your doctors, and  help you achieve the best possible outcome.  

O'Rourke & Akers

Common Myth # 1: If the accident was my fault, I can't get workers' comp. 

Common Myth #3: Workers' Comp gave me a doctor and is paying me, I don't need an attorney.

Most jobs in Florida are “ employment at-will”.  At-will employees can be terminated from a job for almost any reason, or no reason at all. However, there are some exceptions to this broad rule. For example, workers cannot be terminated (or demoted) because of their age, disability, race, color, religion, sex, gender, or national origin. Those are illegal reasons and likely violate statutory legal protections, such as Title VII of the Civil Rights Act, the Florida Civil Rights Act, and/or the Americans with Disabilities Act. Additionally, an employer cannot discharge, threaten to discharge, intimidate, or coerce an employee because the employee made a valid claim for workers’ comp. But, fair warning: applying these legal protections to the real world can get messy and difficult. If you are fired from your job while on workers comp, you should consult with an attorney who can help evaluate your case. Give us a call to set up a free consult.   

Common Myth #2: If I leave my job, I will lose my workers' comp benefits.

Not true. Medical benefits do not depend on you staying at your current job. You can leave your employment, and you can still see doctors, therapists, and receive medication. If you refuse suitable light duty work, your indemnity (lost wages) benefits could be suspended. But, each and every case is different. Call or email us to discuss the specifics of your case. We can help you decide what is the best course of action in your particular case. ​