Workers' Compensation in Florida
Workers' compensation in Florida, also known as workmans' comp, work compensation, and workers' comp offers income to replace wages, and healthcare to workers injured on the job or to workers whose illness is caused by their jobs. Generally speaking, contractors are not eligible for work compensation.
In Florida, all employers with four or more employees are required to carry workers' compensation insurance. Claims must be filed with the Florida Division of Workers' Compensation within a certain amount of time.
Certain workers' comp situations can only be resolved by legal counsel. As such, it is essential that you get in touch with a Florida work compensation lawyer, especially if your injury is severe, your boss is underinsured or uninsured, or if your workers' comp claim has been denied or disputed. The manufacturer of a product may be responsible for injuries resulting from its defective products. Talk to a Florida workers' comp attorney about any questions you may have.
Illnesses and Injuries Covered Under Florida Workers' Compensation Law
Accidental Physical Injuries
- Accidental injuries that are related to your job are covered by workers' compensation insurance in Florida. These accidents may include tripping, falling, or slipping on the job.
- Particular work-related injuries are not covered under Florida Workers' Compensation Law, such as pain and suffering, mental or nervous conditions due to stress, and/or if the injury is caused because the employee was intoxicated or on drugs.
- Medical conditions that result from the work you do such as loss of hearing because of loud work conditions, lung damage resulting from chemical exposure, or carpel tunnel syndrome.
- Death benefits are payable to a deceased worker's dependents if death results from a work injury.
The Florida Worker's Comp Claims Process
- Tell Your Employer
- Tell your supervisor about your injury within 30 days after you are injured, or you may no longer be able to receive workman' compensation benefits, or your benefits may be delayed.
- Get Medical Help Promptly
- File a claim with the Florida Division of Workers' Compensation: After your accident, file your work comp claim with the Division of Workers' Compensation. A claim for work compensation must be filed within two years after the injury in Florida. If you file your claim outside of the two years, you could lose your permanent disability compensation, medical benefits, or lost wage reimbursement payments.
- Consult a Florida Workmans' Compensation attorney if you need extra help with your claim or if your claim has been denied.
Benefits Received in Florida Under the Workers' Compensation Program
You should talk to a Florida attorney who specializes in workmans' comp law about the kinds of benefits that are available to you, such as:
- Medical Treatment: Payment for medical treatment, prescription medicines, medical supplies, and hospital and physician's bills. Your employer's insurance company will make payments to your health care provider.
- Wage Reimbursement: Lost wages must be paid to the employee for time he spends not working to go to the doctor, the hospital, and travel to and from Florida workers' compensation hearings because of employer or insurer delays.
- Funeral: Expenses up to $7,500.
- Death: After the death of a worker because of a work-related injury or illness, his dependents may be paid death benefits up to a maximum total of $150,000. The quantity of death benefits is dependent on whether or not the worker's dependent is totally or partially dependent.
- Vocational Rehabilitation: If, due to his work-related injury, a worker cannot return to his original job, he may be eligible to receive assistance from the Workers' Compensation Vocational Rehabilitation Section of the Florida Department of Education. This assistance will help a worker get back on his feet.
- Income Benefits can be separated into four categories:
- Temporary Total Disability Benefits (TTD for short): You are entitled to TTD benefits when your injury prevents you from working.
- Amount: You will receive 2/3 of your regular wages (pre-tax). Serious injuries may allow you to claim up to 80% of your regular wages for 6 months after your accident.
- Temporary Partial Disability Benefits (TPD for short): When a worker can return to do something at work, but is medically restricted from doing his old job.
- Amount: You may receive benefits if you are unable to earn 80% of the money you were earning before your injury, after your injury.
- Permanent Total Disability Benefits (PTD for short): If you are permanently unable to work because your injuries are so serious.
- Amount: You should contact the Florida Bureau of Monitoring an Audit at (850) 413-1608 for an estimate of your PTD benefits.
- Permanent Partial Disability Benefits (PPD for short): When the employee has reached his maximum medical improvement and his injury is not expected to further improve. After the doctor examines you, if you have an impairment rating of more than 0%, you will receive money.
Why Hire A Florida Workers' Comp Lawyer?
The resolution of a workers' comp claim can have a major impact on your life. Sometimes, it can be challenging to prove your injury or the extent of your disability, and your workers' compensation claim may be denied. Because this is possible, you should hire a Florida workers' compensation lawyer who can help you with Florida workmans' comp procedures and who can argue effectively in front of the Florida Division of Workers' Compensation. An attorney can also keep tract of filing deadlines, and make you aware of all of your options.
In addition, if there was a third party with some involvement in your workplace injury or accident, this involvement can complicate matters. A Florida workers' compensation lawyer can help you unravel the issues involved, and tell you how to proceed with your case.
Florida Workers' Compensation Code
Florida Statutes relating to Workmans' Comp
- Employers Subject To Workers' Compensation
- Workers' Compensation, Tit. 31, Chp. 440, § 2.
- Covered Employees
- Workers' Compensation, Tit. 31, Chp. 440, § 2.
- Workers' Compensation, Tit. 31, Chp. 440, § 15.
- Claims Procedure
- Workers' Compensation, Tit. 31, Chp. 440, § 29.