Workers’ Compensation FAQs

No, an employer faces civil liability if they fire you solely for filing a workers’ compensation claim. If they fire you for this reason, 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 pursuant to a valid workers’ compensation claim, you could suffer adverse consequences.

No. Hardesty, Tyde, Green & Ashton, P.A. only handles Florida workers’ compensation claims.

Attorneys’ fees are paid on a contingency basis or by the workers’ compensation insurance carrier or by the employer in some cases. In other cases, the contingency fees are determined by the judge as a percentage of any recovery. If not recovery is made, you will not pay any fee.

The workers’ compensation system can be quite difficult to navigate. Many injured workers who proceed without a workers’ compensation attorney feel that they are getting the “run around.” If you do not have an advocate on your side who knows the system, you are forced to rely on representations by your employer, or, worse, an insurance company to whom you are just a number. The insurance adjuster is employed to do one thing and that is to limit the benefits you receive.

First, and perhaps most importantly, you are entitled to continuous medical treatment for an injury sustained while at work. This includes, and is 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 compensation rate. However, there are distinct time periods for which you may recover monetary benefits. 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 authorized treating physician.

Workers’ compensation is a system provided to help you recover benefits for injuries which occur on the job. It is a statutory system, and it is the sole mechanism by which workers get paid for their job-related injuries. Under the workers’ compensation system, regardless of fault, benefits are available.