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Why Every Employee Should Know About Workers’ Compensation

Florida labor law attorney Mitch Feldman says that misconceptions about workers’ compensation are far too common.

Tampa, FL, Oct. 03, 2018 (GLOBE NEWSWIRE) -- TAMPA, Fla. - A worker suffers an injury on the job every seven seconds in the United States. Many of these workers are entitled to workers’ compensation benefits after suffering their injury, but too many of them aren’t properly informed by their employers of these basic rights, according to Florida labor law attorney Mitch Feldman.

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“Workplace injuries are very common in the U.S.,” Feldman said. “Yet, the process of filing a workers’ compensation claim intimidates so many injured workers, simply because they are unsure of their rights and where to begin.”

Feldman said that one of the biggest goals of his practice is to help workers better understand the protections given to them by federal and state laws. He said that workers’ compensation insurance is one of the most fundamental and commonly misunderstood areas of labor law.

Workers’ compensation insurance programs are regulated by states and, thus, the laws can vary from one to another. These programs first emerged in the early 1900s as public awareness of worker mistreatment pushed states to adopt legislation that protected laborers.

Today, most states require employers to carry workers’ compensation insurance. These programs protect workers from financial hardship in the event of workplace injury while also ensuring that employers are shielded from lawsuits.

Feldman said that workers’ compensation insurance is central to worker protection in the U.S., though several obstacles keep many workers from getting the compensation they’re entitled to. Many workers are misclassified as contractors and not employees, which means they aren’t entitled to benefits.

Many workers are also denied benefits by their employer’s insurer. In these cases, workers must take further steps to make the case that they deserve compensation.

“Unfortunately, workers aren’t always given the benefits they deserve,” Feldman said. “Employers might falsely claim that a worker’s misconduct led to the injury, which means the worker’s benefits will be denied.”

Feldman said some workers don’t even pursue workers’ compensation benefits when they are injured, either because the culture discourages it or because the complexity of the process seems overwhelming. He said that knowing the first steps to take should help workers overcome any anxiety associated with the process.

“An injured worker should first report their injury to their supervisor and seek immediate medical treatment,” Feldman said. “If you can report it in writing, then do so and keep a copy of your statement. Make personal notes about the incident while it is fresh in your memory, follow your doctor’s orders and follow-up with your employer to be sure the injury has been reported.”

It’s usually only after a worker encounters difficulty that they seek the services of a workers’ compensation attorney, Feldman said. However, a worker can seek legal help at any point in the process. He encourages people to speak to an attorney whenever they feel like they need assistance.

“A workplace injury can disrupt a person’s life in very serious ways,” Feldman said. “When your health, your income and your career are at stake, it’s important to take these claims seriously and do whatever is necessary to be sure you are treated fairly.”

About Feldman Williams:

Feldman Williams, PLLC is an employment law firm that represents clients in Florida and Georgia. Find out more about their workers’ compensation legal services by visiting their website - https://www.floridatrialattorneys.net/personal-injury/workers-compensation/

Mitchell Feldman
Feldman Williams, PLLC
813-639-9366
mitch@feldmanwilliams.com