COVID-19, LAY OFFS AND FLORIDA WORKERS’ COMPENSATION
COVID-19, LAY OFFS AND FLORIDA WORKERS’ COMPENSATION
COVID-19 Coronavirus has morphed into a major pandemic throughout the world. Thousands have become exposed to the virus in Florida. The widespread effects of the Coronavirus have led to decisive action taken by our local leaders. The majority of counties in Florida have issued orders shutting down “non-essential” businesses. The drastic changes to our local economy have caused massive layoffs and in some cases, companies shutting down their businesses altogether. Many injured workers hold back on pursuing medical care or lost wage benefits after an on-the-job accident for fear of retaliation and/or loss of job security. If you are laid off or terminated or your company has closed its doors to the public for good, you still have recourse to file a Florida Workers’ Compensation case. It’s vitally important to report the injury to your boss or former boss within the time frames in the Florida Workers’ Compensation statute.
I WAS LAID OFF BY MY EMPLOYER DUE TO THE CORONAVIRUS. I WAS INJURED MONTHS AGO BUT DIDN’T PURSUE A CLAIM. IS IT TOO LATE?
Generally, the answer to that question is NO. You can still pursue a Florida Workers’ Compensation claim despite being laid off due to COVID-19. Why? Because the Workers’ Compensation insurance follows you wherever you go/while on the job hunt or remaining safely at home. You will not lose the constitutional right to file a claim just because you were let go. This holds true if you reported the accident within 30 days to your supervisor, boss, human resources department, etc. Losing your job WILL NOT force you to lose the essential medical benefits and lost wages you are entitled to under the Florida Workers’ Compensation system. Medical providers remain open either in a full or limited capacity at this point in time. We have had success getting treatment authorized for our current clients despite COVID-19. Do not delay. We highly recommend you call the experienced Workers’ Compensation attorneys at LaBovick Law Group to discuss your rights.
WHAT HAPPENS IF MY EMPLOYER SHUTS DOWN THE BUSINESS FOR GOOD?
Here’s the good news: your employer – if they had five or more employees, or if in the construction industry, one employee – MUST secure Florida Workers’ Compensation insurance. This is not optional. The Florida Workers’ Compensation policy is generally valid for a year from the date of inception. Regardless of what insurer they choose, they must provide medical care, lost wages and rehabilitative benefits depending on your situation. If you lose time from work and require medical care, the Workers’ Compensation insurance company will pay for all lost wages/treatment. If treatment is authorized, you will not have to pay out-of-pocket expenses.
As an example, let’s say that you work for Ronnie’s Ribs in West Palm Beach. Ronnie of Ronnie’s Ribs renewed the company’s Workers’ Compensation policy on January 1 of 2020. Any injury occurring on or after January 1, 2020, would be covered by the insurance policy, whether or not the company remains open. Remember though, that you must report the accident within 30 days of it occurring. If you don’t, generally, you won’t be able to move forward with a Florida Workers’ Compensation claim. Even though Ronnie shut down, you will still be able to file a Workers’ Compensation claim. Do not delay. The Florida Workers’ Compensation law has what’s called a “statute of limitations” that will preclude you from filing a claim within a statutory time period.
WHAT IF I’M FIRED?
If you’re fired due a work-related accident, fear not, you would still be covered under your former company’s insurance policy. We stress that you should call the experienced Florida Workers’ Compensation attorneys at LaBovick Law Group. You may be denied benefits in two scenarios.
Lost Wages: If your employer tells the Florida Workers’ Compensation insurance carrier that they fired you for cause, the insurer may initially deny benefits. Lost wage benefits are not payable if an employee is terminated for cause, such as missing days of work unrelated to an injury, excessive tardiness, or violating the employment handbook. We know that any type of denial is frustrating, especially in these trying times. Everyone needs a paycheck for necessities. We have the ability to fight for your lost wages. Do not delay, we can help you recoup your lost wages.
Denial of Medical and Lost Wage Benefits: We generally see denials for all benefits when the employer tells the insurer the accident wasn’t reported or this was their first time hearing about the injury. Do not give up. These are matters we litigate on a daily basis. Give us a call so we can discuss the specific details of what happened. We are here to attempt to overturn the denial.
WHAT CAN I DO IF I’M FIRED BECAUSE I FILED A FLORIDA WORKERS’ COMPENSATION CLAIM?
If you’re fire because of filing a Workers’ Compensation claim, you may have a case. Consider the following:
Florida Workers’ Compensation: On one hand you’d have a Florida Workers’ Compensation case/claim for the industrial accident. This claim addresses lost wages, rehabilitation benefits, medical benefits, etc. This claim begins as soon as you are injured in an accident at work.
Retaliatory/Wrongful Termination: If your employer fires you after the accident, you may have a wrongful termination claim as well. You would be able to file both claims at the same time while receiving medical treatment. Moreover, whether fired for cause or in retaliation for filing a claim, your entitlement to Workers’ Compensation benefits remains. Simply, report the accident within thirty (30) days and you’ll be good to go. You will want to complete this employment action prior to settling the Workers’ Compensation claim. Why? You may waive rights to the wrongful termination case.
The experienced Florida Workers’ Compensation attorneys at LaBovick Law Group are your Warriors for Justice. We fight the Workers’ Compensation insurance company to ensure you receive all benefits due and owing under the Florida Workers’ Compensation law. We are here to ease your burden in these trying times. Give us a call today to discuss your industrial accident.
James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.
Personal injury
PERSONAL INJURY
$850,000
In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.
Premises liability
PREMISES LIABILITY
$980,000
Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.
Motor vehicle accident
MOTOR VEHICLE ACCIDENT
$1.1 MILLION
AUTOMOBILE REAR END COLLISION
Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.
Bicycle vs car accident
BICYCLE VS CAR ACCIDENT
$1.45 MILLION
David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.
Car vs commercial truck accident
CAR VS COMMERCIAL TRUCK ACCIDENT
$3.4 MILLION
Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run. He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig. A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal. He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site. There the injured child was trapped under the car and he was powerless to save the child before it passed.
Auto accident T-Bone
AUTO ACCIDENT T-BONE
$4.5 MILLION
Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.
Personal injury
PERSONAL INJURY
$8.2 MILLION
This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.
At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.
“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”
Medical malpractice
MEDICAL MALPRACTICE
$15 MILLION
Brain damages child due to medical negligence. Mother was misdiagnosed upon entry to the hospital while under contractions. The child was born severely disabled.
