What Are The Most Common Workers’ Comp Claims?
In the state of Florida, employers are required to hold a workers’ compensation insurance policy if an employer has more than four employees (in any industry) or at least one employee (in the construction industry). At Schatt Hesser McGraw, these are the most common types of Florida workers’ compensation claims we encounter.
According to a study conducted by the Department of Labor, an overexertion injury is the most commonly reported workers’ comp claim. An overexertion injury occurs when a joint is forced beyond normal range or a muscle is pulled. This claim is commonly reported by workers who engage in physical labor or physical activity while at work, such as construction workers or first responders.
Slips, Trips & Falls
Rain, snow and ice create wet and slick surfaces on sidewalks, parking lots, steps, etc., that pose a risk to workers. Newly mopped floors, spills or damaged flooring are also hazardous. Nearly any industry can report this type of injury since many circumstances create a situation capable of making a worker slip, trip and/or fall.
Fall To A Lower Level
A fall from a high surface to a lower surface can be extremely dangerous and result in many different types of injuries. Falling off of a roof or structure, falling down a stairwell or falling across a multi-level surface are common reports. A construction worker often works on tall structures or travels throughout a multi-level jobsite, which makes them common victims of a fall to a lower level.
Struck By Or Against An Object
This injury occurs when an individual is struck by an object or forced against an object. For example, a falling bookshelf can cause injury by striking a worker or the falling bookshelf can fall, strike the worker and force the individual into another object which compounds the injury.
The oil and gas industries report the highest number of highway incidents, most often reported by truck drivers. Any accident that occurs while working and operating a vehicle is categorized under this type of claim.
A machinery accident can result in catastrophic bodily harm, such as mutilation or crush-type injuries. Factory workers, arborists, loggers or construction workers may experience this accident type as they operate heavy machinery daily.
This injury develops over time due to the strain or deterioration of a muscle, caused by overuse and repetitive motion. Factory workers and hairstylists often acquire this injury. Tendonitis or carpal tunnel are commonly reported in a workers’ compensation claim.
A criminal intent workplace violence incident occurs when an employee is intentionally injured by another individual. As dangerous as workplace violence is, it is difficult to prove under workers’ comp because it is up to the judge to determine if the violence occurred due to negligence or employer actions. If the employee can prove that the employer failed to provide a safe workplace, such as by scheduling employees to work alone late or failing to properly train employees for emergency situations, then the employee may be able to receive workers’ comp. For the best chance of successfully filing a workplace violence claim, it is advised to contact our workers’ comp lawyers in Ocala, FL with Schatt Hesser McGraw.
How To File A Workers’ Comp Claim
The first step to filing a workers’ comp claim is to notify your employer. Within 30 days of the accident occurring, your employer must be made aware of the injury, how the injury was sustained and any symptoms related to the injury that you are experiencing. From there, your employer has seven days to report your claim to their insurance company so that the eligibility of your claim can be determined.
What Can Clients Expect From Our Workers’ Comp Attorneys?
Our attorneys at Schatt Hesser McGraw are experienced experts in handling workers’ comp claims. Our attorneys gather necessary forms and evidence to support your claim, ensure deadlines are met, communicate with involved insurance companies, draft the settlement agreement and more. An Ocala attorney with our firm is prepared and ready to guide you through the workers’ comp process to receive the benefits that are owed to you. Schedule a consultation today.