Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Sarah Edwards
Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Florida is a state where people often go on vacation. But if you were injured on the job in Florida, lost work hours are anything but a vacation. Thankfully, Florida workers’ compensation laws can help you if you can navigate the system’s red tape.
Good workers’ comp lawyers in Jacksonville, from this guide, can assist you with getting the benefits you need after suffering a disabling injury at work.
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Best Workers' Comp Attorneys in Jacksonville
Compare Top Workers' Comp Attorneys
Workers’ Compensation Laws in Florida
Workers’ compensation laws differ by state. Florida has some of the more unusual workers’ compensation laws. The laws are relatively broad, protecting the vast majority of workers in the state, but reasonably light on benefits.
Furthermore, the procedure is complicated enough that many eligible parties will likely never get the funds they are due. This is why many claimants hire Jacksonville workers’ compensation attorneys to help them file a claim.
Jacksonville lawyers who focus on workers’ compensation understand the process better and will seek to help their clients get the most compensation the law allows.
Who Is Protected By Workers’ Compensation Laws in Jacksonville, FL?
Almost everyone who works in the state is eligible for workers’ compensation. Any company that employs five or more employees must maintain workers’ compensation insurance for all employees, regardless of whether they are full-time or part-time. There are a few minor exceptions to this rule:
- Construction companies. All construction companies are required to maintain workers’ compensation insurance, no matter how many people are employed.
- Agricultural companies. Agricultural companies are exempt from maintaining workers’ compensation insurance if they employ fewer than seven full-time employees and fewer than 13 seasonal employees.
- Corporate officers. Corporate officers may choose to exempt themselves from workers’ compensation benefits, even if the rest of the company must be covered.
A workers’ compensation lawyer can help you evaluate whether the company you work for is required to provide workers’ compensation coverage.
Workers’ Rights Under Jacksonville, FL, Workers’ Comp Laws
If a worker is injured while performing paid work duties, regardless of whether they are at a worksite, they have the right to receive compensation for that injury. This compensation covers the cost of medical treatment and partially covers the cost of their wages or salary if the injury leaves them temporarily partially or fully impaired. Workers also have the right to receive additional compensation if permanently impaired.
To take advantage of these rights, workers must promptly and honestly notify their employer (and insurance company) of the injury and how it occurred.
Filing Process for Workers’ Compensation in Jacksonville, FL
There are two main reporting requirements for obtaining workers’ compensation. First, you must inform your employer within 30 days of suffering an injury while working. Second, you must generally petition for benefits within two years of suffering the injury.
Typically, your employer will notify their insurance company promptly after you notify them of an injury. Then, the insurance company will contact you to investigate the claim and begin paying benefits. If your claim is denied, you can petition for benefits through the courts. This lawsuit forces the insurance company to pay you workers’ compensation benefits.
If the insurance company approves the claim, your medical bills will be fully covered, and you will receive wage relief equal to approximately 66.67% of your full-time wages. The first seven days aren’t covered if the injury causes you to miss 21 days or fewer.
Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in Jacksonville
What are your options if your employer doesn’t have workers’ compensation insurance and you are injured on the job?
The first thing you should do is contact a workers’ comp attorney in Jacksonville. They will help you navigate your options and direct you to alternatives. Also, since you will likely have to petition the courts for relief, you will want to be represented by a lawyer as soon as possible.
This process is easiest if your workplace is required to maintain workers’ compensation insurance. In that case, you are entitled to compensation, regardless of whether your employer’s negligence resulted in your injury.
If your employer was exempt from maintaining workers’ compensation insurance, you may still be able to pursue damages in court. However, this requires you to file a personal injury claim based on negligence.
For example, if your employer required you to drive a vehicle that wasn’t properly maintained, they would likely be responsible for any injuries you suffered if that poor maintenance resulted in an accident.
Finally, you might have to rely on your health or auto insurance (whichever is applicable). Health insurance typically doesn’t cover lost wages but will pay for medical bills. Car insurance usually will cover some lost wages if injuries sustained in a car accident prevent you from working. An experienced workers’ comp attorney in Jacksonville can help you find other options.
How Can an Attorney Help You in Jacksonville?
Jacksonville workers’ comp attorneys can help with every step of the process and should be involved from the very beginning, if possible. While reporting an injury to your employer is relatively easy, it is better to let your lawyer do it.
Your attorney knows the most important facts to your case and will ensure you meet all deadlines. Furthermore, if a lawyer represents you, the insurance company is less likely to deny your claim.
If the insurance company denies your claim, you will also appreciate being represented by a workers’ comp lawyer from Jacksonville. They can guide you through the appeals process and file a petition with the courts if you take legal action.
How to Choose the Best Workers’ Comp Lawyer in Jacksonville
This guide is a good start if you want to find one of the best workers’ comp attorneys in Jacksonville. However, this guide tell you which lawyer to choose. That decision should take into account the following factors:
- Familiarity with Jacksonville companies. While you can’t be fired for claiming workers’ compensation or hiring an attorney, you want to be on good terms with your employer throughout the process. A lawyer who knows the local companies can make the process more friendly.
- Success record. If a lawyer seems good, ask them to tell you about past cases and what kinds of results they got.
- Trial lawyer vs. negotiator. Most lawyers either focus on trials or settlements. You should consider the best option for your claim and choose a lawyer based on that factor.
Methodology
To come up with the best workers’ comp lawyers in Jacksonville in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What can I do if my employer refuses to report my injury to their insurance company?
If your employer refuses to report your injury to their insurance company, you have the right to report it directly. Your employer should post that information publicly. However, if they don’t make that information available, you can contact the Employee Assistance Office (EAO) to get information about your employer’s insurance company.
Can I get workers’ compensation benefits if I can work part-time or lesser duties?
That depends on a couple of factors. Workers’ compensation will pay benefits if you are getting reduced wages due to disability. The formula that Florida uses pays 80% of the difference between 80% of your normal full-time wages and what you are receiving from a reduced workload or schedule.
That can be very complicated, especially if you aren’t familiar with the formulas. Your attorney can help you determine how much you should be getting.
Do I have to pay taxes on workers’ compensation benefits?
Workers’ compensation benefits are not subject to federal or state taxes. However, if you work part-time and receive workers’ compensation benefits simultaneously, any wages you receive from work are subject to taxes as normal. Because you are receiving less in wages, though, they will likely be taxed at a lower rate than normal.
