Have you been injured on the job? Under Florida state laws, an employee that is injured on the job or even off the job site is entitled to workers’ compensation insurance benefits. These benefits are given to the employee so that he or she can recover from his or her injuries.
What injuries does workers’ compensation cover?
In general, any injury or illness that occurs during the course of regular employment is covered under Florida Workers’ Compensation Insurance Benefits, including, but not limited to:
- Injuries on the job site–Slip-and-fall injuries, defective products, repetitive injuries at your desk, and more
- Injuries outside of work–Injuries or accidents that occur on your way to work, while running errands, and more
- Stress-related injuries– Stress-related digestive problems, depression, and more
- Some occupational illnesses (from job-related activities or exposure)–Cancer, lung disease, infectious diseases, hernias, and more
Am I still covered, even if I was at fault?
There is a common misconception that if you were at fault for the injury or partially at fault, you won’t be entitled to benefits; however, this is incorrect. Even if you were at fault, you are entitled to workers’ compensation benefits because the injury is still work-related. The only exceptions to this rule are when:
- You were injured because you were under the influence of drugs or alcohol
- Your injuries are pre-existing, and you purposely ignored doctors’ orders and aggravated the injury on the job
What are the benefits included with workers’ compensation insurance?
The benefits you are entitled to can vary, but Florida state law requires employers to provide adequate insurance coverage for items like:
- Lost wages
- Permanent disability
- Medical bills
- Temporary disability
- Rehabilitation
Pain and suffering are not covered under workers’ compensation insurance.
Weekly compensation benefits
Because you are unable to work while on workers’ compensation, you will need to receive weekly compensation benefits. The length will vary, and the amount depends on the type of disability, such as permanent versus temporary. Employees are entitled to four different types of employment compensation benefits, including:
- Temporary total disability
- Temporary partial disability
- Permanent total disability
- Permanent partial disability
You can receive weekly compensation benefits for a limited time unless you are classified as permanently disabled. If permanently disabled, you may be able to receive employment benefits until the age of 65 when you would have retired from the job.
Medical treatments
As part of your compensation, you are entitled to medical compensation, including all reasonable and necessary medical care directly associated with the injury. If you have prescriptions or excess treatments that the insurance company feels are outside of the original injury, they may refuse to pay for the procedure.
Workers’ compensation FAQs:
Do you have questions? We have answers. Here are some legal FAQs that our team of attorneys often receives from clients.
What is workers' compensation?
Workers’ compensation is a system provided to help you recover benefits for injuries that occur on the job. It is a legal system, and it is the sole mechanism by which workers get paid for their job-related injuries. Benefits are available under the workers’ compensation system regardless of fault.
Can I opt-out of workers' compensation and file a lawsuit against my employer?
No, workers’ compensation claims are generally your sole remedy. The only exception to this is when there is a claim, provable in court, that the employer intentionally caused injury or death. It is only under this very rare exception that you may sue your employer instead of obtaining benefits under the workers’ compensation system.
Does your firm handle federal workers' compensation claims?
No, Hardesty, Tyde, Green & Ashton, P.A. only handles Florida workers’ compensation claims.
What am I entitled to under workers' compensation?
First, and perhaps most important, you are entitled to continuous medical treatment for an injury sustained while at work, including but not limited to, surgery, pain management, prescription medications, and therapy. You are also entitled to receive two-thirds of your gross wages up to the statutory maximum. However, there are distinct periods for which you may recover lost wages. After reaching maximum medical improvement, the amount which you can recover is reduced substantially and is called your impairment income benefit. The amount of money you receive in impairment income benefits is based upon a permanent impairment rating as determined and assigned by your doctor or authorized treating physician.
Can my employer fire me if I file a workers' compensation claim?
No, an employer faces civil liability if they fire you solely for filing a workers’ compensation claim. Therefore, if they fire you, you can file suit against them for wrongful termination. It is important to note, however, that if you voluntarily leave your place of employment while receiving medical treatments under a valid workers’ compensation claim, you could suffer adverse consequences.
How do I pay for your legal services?
Attorneys’ fees are paid by the employer, the workers’ compensation insurance carrier, or are determined by the judge as a percentage of the recovery. If no recovery is made, you will not pay a fee.
What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)