Florida Workers’ Compensation Lawyers for EMTs
Law Office in Tampa, FL
Working on an ambulance is often traumatic and beyond the public’s idea of what stress can be. When you are hurt or suffer a health condition due to your job as an EMT, you should be eligible for workers’ compensation. If you believe that you are suffering due to your job, then we hope that you would reach out to us as soon as possible. We know that a lot of first responders, including EMTs, have a hard time stepping away from their jobs to take time for themselves and their recovery. We also know, however, that your health is all you have at the end of the day and it is paramount to your career. Call us today to set up a free consultation with our Florida workers’ compensation lawyers for EMTs.
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How EMTs Get Hurt
Being an EMT can often be a physical job as well as an emotionally taxing job. Most people don’t understand the horrible experiences you have to go through and that you see the worst of it, oftentimes on a daily basis. Here are the common ways that EMTs suffer due to their job:
- Getting hurt in an encounter with a scared and violent patient
- Getting exposed to dangerous materials such as drugs that can cause health problems
- Witnessing horrors that causes mental health problems, including PTSD
- Getting in an auto accident
EMTs can experience an entire array of possible injuries while they’re on the job. It can range from a minor injury to a lifelong injury and sometimes even death. Our Florida workers’ compensation lawyers for EMTs want to be by your side and fight for your right to full compensation for your damages. We will guide you through your entire case every step of the way.
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The Benefits of Filing a Claim
Workers’ compensation is essentially health insurance that your employer carries that is intended to help their employees get back to work as soon as they can. When you are hurt while working in an ambulance, it could be for a variety of reasons, and sometimes it’s harder to prove that an injury or illness such as hypertension or PTSD was due to your job as an EMT. Sometimes, the injuries are quickly healed and require minimal compensation; other times, you are going to be dealing with permanent disability. PTSD can often lead to permanent disability which would require extensive workers’ compensation. The compensation generally covers your hospital bills, medical fees, physical therapy, and psychiatric therapy, as well as the earnings you lose while you are recovering. Anything that treats your injury sustained while in the workplace is covered by your workers’ compensation if it is within necessity and reason.
EMTs tend to be people who don’t want to stop working because what they do is so important to the community. We respect that about you and if you hesitate to bring your claim because you want to continue to help those who need you, we want you to know that your health is more important. You won’t be able to continue to help people if you let your injuries go and let them get worse to the point where you may not be able to ever recover in a way that would’ve let you return to work. Our Florida workers’ compensation lawyers for EMTs would like to set you up with a free, first consultation as soon as you possibly can so that we can understand what your circumstances are and what you are entitled to and start building a strong case.
If you are hesitating to file your claim, please know that we have extensive knowledge of workers’ compensation claims for first responders, including EMTs. We’ve seen all the obstacles in a case before and we have the resources and the wherewithal to handle these types of obstacles to get you the success that you need. You may have heard of others being turned away for injuries or illnesses that you suffer. We know how to show the insurance company that there is a correlation between your injuries and your job as an EMT and that you deserve workers’ compensation for this so that you can start to recover and hopefully return to work as soon as possible.
Our 4 Step Test to Determine the Strength of Our Case
We understand that some injuries such as hypertension or PTSD fall under the category of “hard to prove” to the insurance company. To that end, we have this four-step test to see how strong your case would be, which involves the following:
- The first thing we must do is prove that your job is indeed stressful, which is something that most people will never understand if they’ve never worked a first responder job. Having said that your job is indeed stressful will allow us to create the opening we need to show that this intense stress could lead to illnesses, such as hypertension or PTSD.
- Step two would be to find a physical that you had performed before your employment as an EMT. When we pull up this pre-employment physical, we are looking for a lack of diagnosis of whichever injury or illness you are correlating to your job as an EMT. For example, if you needed to file a workers’ compensation claim because of your hypertension due to the intense stress that you undergo as an EMT, we want to find that pre-employment physical that shows that you did not have hypertension prior to taking this position as an EMT.
- Step three is finding a physical that you had recently or getting you one as soon as possible that has a diagnosis of the health condition you are filing workers’ compensation for. Going with the example of hypertension, we want to be able to show that you did not have hypertension before you took the job as an EMT and now, after some time working on an ambulance, you do indeed suffer hypertension.
- Last, would be to detail all of the ways in which your health condition has affected your life. If you suffer PTSD due to your job as an EMT, then our Florida workers’ compensation lawyers for EMTs have the duty to show all of the ways in which your enjoyment of life has decreased, as well as any other ways in which PTSD has affected your life.
Once we can establish these four things, our lawyers will have an easier time putting the insurance company on the defensive, meaning that we have the advantage and we have to make them prove that what we are claiming is not true, which is harder. This will give us a strong case for you going forward.
How We Help Injured EMTs
We help EMTs by creating a strong foundation for their case and allowing them the space to go through the difficult emotions attached to this circumstance. We understand that you might hesitate to bring your case for various reasons, including being fearful of getting turned away because you have a hard-to-prove injury or illness. We know how to handle those types of cases. We understand that you might also hesitate because you want to keep working and pushing yourself in order to continue to help the people in your community. We want to help you understand that you can’t pour from an empty cup. Filing a claim gets you one step closer to living without hindrance from your illness or injury.
We know just how much is on your mind and how much stress is on your plate right now. We aim to make your claim as smooth and simple as possible so that your main focus can be your health and your family. As soon as you are ready to take the step towards filing a workers’ compensation claim, please get in touch with our attorneys today.
Call Our Florida Workers’ Compensation Lawyers for EMTs Today
We encourage you to reach out as soon as you possibly can if you suspect that your injury or health condition is related to your job as an EMT. We understand that deciding to take a step back from your job to take care of your health can be a difficult choice because you want to help your community. Deciding to file a workers’ compensation claim can be a huge step and we want to be there to support you through this every step of the way. We don’t want you to take your health for granted. We want you to get the help that you need, and we can help you get the financial relief required for the treatments you need to start feeling better.
Our Florida workers’ compensation lawyers for EMTs have successfully handled cases like yours consistently. We want to bring you the same success we’ve brought to other people. Please don’t hesitate to reach out to us and set up a free consultation. We would be happy to take your call today.
Frequently Asked Workers’ Compensation for EMTs Questions
How do I choose the best workers’ compensation attorney for first responders in Florida?
In choosing the right attorney to represent an injured first responder regarding a workers’ compensation claim, it’s important to select an attorney that is well-versed not only in workers’ comp, but also can handle the issues regarding the agency and potentially pension issues. A lot of times our clients come to us and they have injuries, and we are able to provide their benefits and put them back to work relatively easy and quickly with no issues. However, there are occasions when an injured first responder cannot return back to work, and this affects not only their employment but as well as potential pension issues within line-of-duty disability pension.
We invite you to call our firm so that we can discuss these options, whether your injury is relatively small or catastrophic, where we can help with those recommendations.
Why do I need a first responder workers’ compensation lawyer?
We were talking to some first responders the other day and they asked why they actually need a first responders workers’ comp attorney. First, workers’ compensation is general laws that are for everyone, not just for first responders, but then there are extra statutes that apply for first responders that a lot of regular workers’ comp attorneys may not know, may not follow, may not be aware of. There are many extra classes of benefits, and your workers’ compensation claim can have a tremendous effect on your pension benefits and vice versa, so it’s very important to have someone that’s fully aware of both of your workers’ compensation claim and whether it’s heart/lung, PTSD, cancer, a repetitive injury or just a regular physical injury handle that and how it interplays with your potential in line-of-duty disability benefits and pension benefits and employment. We seek to keep you employed, to keep you working to protect your career, and in doing so, again, handle that to maximize benefits that are available for you.
If you’d like a free evaluation, please call us at Oliver and Fox, and we’d be happy to talk to you about all the benefits that may be available to you.
I don’t want to take time off, how can I continue to work and still file a first responder workers’ comp claim?
We were speaking to a group of first responders, and one of the questions that arose indicated that an individual, while injured, wanted to return to work. In Florida, you can return to work following a work-related injury, but it’s very important that you follow all doctor’s orders and restrictions. If a doctor has specifically taken you out of work, you should not return until cleared by the workers’ compensation doctors so that you can return and resume your duties.
At Olive and Fox, if you would like to discuss with us your opportunities to return back to work following a work-related injury, we invite you to call.
How long do I have to file a first responder workers’ compensation claim in Florida?
We had a client who reached out to us because he suffered an injury, and he wanted to know how long he had to report that claim. The answer to that question is very complicated in Florida because depending upon when the claim occurred, if treatment was provided or if notification was provided to a supervisor, the answer could vary. In addition, Florida has a requirement that on all compensable claims that you must treat one time per year in order to keep the claim open. Unfortunately, we see oftentimes and individual have a workers’ compensation claim, however those benefits lapse because they do not keep up with their annual treatment.
If you would like to reach out and contact us, we can tell you whether or not you have made a viable claim and, if your treatment has lapsed or if your treatment has not lapsed or even if it has lapsed, look at ways we can help assist you to make sure you’re getting medical care and benefits.
What conditions are presumed to be work-related for first responders in Florida?
We are often asked, with regard to fault in workers’ comp, whether you can still make a claim. The fault in workers’ comp should not matter. There are extenuating circumstances, but most of the time fault is not taken into account and workers’ compensation benefits are available regardless of whether you may be at fault or not, that includes, in a car accident for example, where you can be found at-fault for the car accident but still be eligible for workers’ compensation benefits.
We often have multiple party types of accidents as well, where there could be a slip and fall, or a trip, or, again, like a motor vehicle accident, so whether you caused the accident, were a victim, or no one was at fault, you may be eligible for workers’ comp benefits. Please contact us at Oliver and Fox. We’d be very happy to discuss this with you.
What is an occupational disease as it relates to first responders?
We were recently contacted by a personal injury attorney who was referring a physical injury for a Florida first responder, and he asked us a very good question as to what other types of injuries may be available for Florida first responders. We explained that there could be repetitive physical injuries, exposure types of claims. There’s presumption claims such as hypertension and heart disease. There’s mental health claims, PTSD, and cancer for firefighters.
If you have any of these types of claims, please call us at Oliver and Fox for a free consultation.
Can my first responder workers’ comp claim be denied if I do not report the injury in time?
We had a client who injured his back in a fire call. He thought that it was not a big deal and kind of shrugged it off. In his follow-up, however, he realized he had more significant injuries. Unfortunately, he did not initially report his injury or the tweak to his back and, as result of not reporting the tweak, the carrier denied his claim for untimely notice. It is important in Florida when you receive an injury or incur an injury that you timely report that to you supervisor contemporaneous with the event.
If you’ve suffered an injury, you’ve reported that to your supervisor, and no action has been taken, we can help you. If you would like to contact our office, we can make sure that benefits are provided. If you fail to timely report the injury and are seeking treatment, please don’t hesitate to reach out to us.
What injuries and illnesses are covered for first responders in Florida?
We were talking to an attorney the other day that inquired as to what would constitute a workers’ compensation case, claim, or injury. There are many types of cases, many types of claims, especially for first responders. You can have just a regular physical injury; you can have a repetitive trauma injury, meaning knees, think carpal tunnel syndrome, and it can occur in your back or neck as well; you can also have heart/lung, high blood pressure, hypertension, heart disease. All of those are covered under special first responder statutes, the Heart/Lung Bill. There’s also cancer for firefighters and mental health, PTSD, for all first responders.
These benefits are available, and they do constitute workers’ compensation benefits. You may be entitled to benefits and just not be aware of it. Please feel free to contact us for a free consultation at Oliver and Fox.
Are repetitive motion injuries such as carpal tunnel covered for first responders?
We often find ourselves speaking with first responders in Florida that tell us about repetitive-type injuries that they have and that they haven’t made a claim for. They may not realize that they may be able to make a claim for them. Just like a secretary or phlebotomist or somebody working with their hands may develop carpal tunnel over time, first responders can also develop repetitive-type injuries to their knees, back, or neck.
We recently assisted an officer who developed severe neck pain and herniations in his neck and required a fusion because of the very awkward position in which he had to have his neck and hands while typing in his squad car. These types of cases can be repetitive trauma, just like a firefighter jumping on and off the truck and climbing ladders with 80+ pounds of gear on his back. The wear and tear that you endure and that your bodies endure is not typical of anyone that’s not a first responder, and it may entitle you to additional benefits and to make a claim.
Please call us at Oliver and Fox. We’d be happy to evaluate your specific injuries and help you decide if a claim is in your best interest.
Do I have a first responder workers’ compensation claim if I contracted COVID-19 while on duty?
COVID-19 has been a recent inquiry of many claims, due to the pandemic beginning in March of 2020. As a result of the pandemic, we’ve seen lots of COVID-19 claims, and those claims may be eligible for benefits— both state and federal benefits. In Florida, however, our chief financial officer has mandated that front line workers be eligible for benefits should they contract COVID-19.
How this works with our first responders is that if a first responder contracts COVID-19 or is diagnosed with COVID-19, they must still file a first report of injury and request benefits. They also must have a positive COVID-19 test in order to receive those benefits. If you have tested positive for COVID-19 and you’re a first responder, we invite you to contact our office so we can discuss those options.
What are the benefits for workers’ compensation for first responders in Florida?
We were speaking to a first responder the other day, and he indicated that he believed everything in his claim had been handled appropriately by workers’ compensation. In Florida, first responders who also have workers’ compensation injuries are entitled to benefits. Those benefits include not only medical care and treatment, indemnity, impairment and potentially permanent benefits, but it’s important for first responders to ensure that all those benefits are being provided to them timely as well.
At Oliver and Fox, we invite you to call us so that we can ensure that all your benefits are being paid correctly and on time.
What is temporary partial disability and temporary total disability?
Oftentimes our first responders ask us how they get paid following a workers’ compensation injury. In workers’ compensation there’s several categories of indemnity or monetary benefits. We have broken those down into three specific indemnity benefits – temporary total disability benefits, temporary partial disability benefits, impairment benefits, and a fourth category called permanent total disability benefits.
Temporary total and temporary partial disability benefits are very similar benefits where you’re either temporarily unable to return to duty as a first responder or you’re allowed to return to light duty but are not earning your full wages, which would result in temporary partial disability benefits to make you whole or to make your wages whole.
Impairment benefits are benefits after you’re at maximum medical improvement and a doctor has said that you are as good as you’re going to get as a result of your injury. Workers’ compensation has an impairment guidebook that delineates an impairment rating for each type of injury, and that rating translates into monetary benefits.
Permanent total disability benefits, again, are benefits that are post-MMI, or maximum medical improvement, and are benefits when an injured worker is permanently and totally disabled from returning back to work in any capacity.
At Oliver and Fox, we can discuss with you your monetary benefits as it applies to temporary total, temporary partial impairment, and permanent total disability benefits. We invite you to call our office so that we can discuss that with you.
What will workers’ compensation cover for first responders in Florida?
I’m often asked by injured workers what benefits would be provided by workers’ compensation and if it’s worthwhile to file a workers’ comp claim. Workers’ comp provides medical care and lost wages, and then impairment benefits if you do have an injury. What that means is they provide a doctor, a primary care physician, specialist, the testing, anything that you may require until you’re placed at maximum medical improvement and they pay it at 100%. While a doctor has you on light duty or no work, they have to pay part of your income, and that’s temporary total or temporary partial disability benefits. It alleviates the need to use your own sick/vacation time, PTO time. It’s time that and money benefits that the statute that the legislature has granted to you as well as with impairment benefits – they pay you for your injury.
Impairment benefits can be relatively small or significant sums, over six-figures. Also, if you’re unable to return to work and enter the workforce in any capacity, you may be entitled to permanent total disability, which means the employer or the insurance company may need to continue paying you until your age 75. There are many benefits that are available and need to be taken or acted upon while they are right and available, as if you don’t act, the statute of limitations may run and you may not have the ability to make a claim later when you realize how bad your injury actually is.
At Oliver and Fox, we’d be very happy to review this with you, review what benefits are available to you, and if it makes sense for you to file a claim regarding your career and how it may impact it. Please call us for a free evaluation. We’d be happy to speak with you.
What is important to know about impairment benefits relative to first responder workers’ compensation?
I’m often asked by potential clients and first responders whether or not they may have a claim, or whether they settled their claim because they received impairment benefits. Impairment benefits are a statutory benefit that’s provided to you and it does not settle or close out your case, and it is not a restriction in your case. Impairment benefits are based on a rating that a doctor gives you, based on a whole book, and it’s put into a formula and we calculate how many weeks of benefits you receive for having your diagnosis or your injury. It is not a restriction. You can have no restrictions but still receive an impairment rating and receive impairment benefits.
Furthermore, if your employer does not pay your impairment benefits correctly, which happens quite a bit of the time, your statute of limitations may not have run and you may be able to reopen or re-investigate any old claim where your employer is telling you that your statute of limitations may have run or you’re not entitled to benefits. If you would like, please call us at Oliver and Fox and we’d be happy to review your impairment benefits, what have been paid, if they’ve been paid appropriately, and whether or not your case remains open.
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