What Does Worker’s Compensation Cover In Florida?
In Florida, most employers are required to provide worker’s compensation for their employees. These include:
● Cost of medical care from the injury or illness
● Replacement income
● Costs for retraining
● Compensation for any permanent injuries
In order to receive these benefits, you have to first prove that the injury occurred during work. In Florida, worker’s compensation also includes occupational diseases.
Types Of Benefits Available
The primary worker’s compensation benefit is the cost of medical care which covers the cost of treatment, medication, and rehabilitation. There are also three other forms of coverage:
● Temporary Total Disability (TTD): TTD is awarded when you are temporarily impaired, but once healed will be able to return to your normal work schedule. These benefits are equal to 66 ⅔% of your regular wages.
● Temporary Partial Disability (TPD): TPD is awarded when the injury prevents you from returning to your normal wages. TPD benefits pay 80% of the difference between your wages before and after your injury.
● Impairment Benefits: Impairment benefits are granted when there is a permanent disability from the injury that prevents returning to work. This amount is usually negotiated.
In the state of Florida, these available benefits have limits. No matter what your previous earnings were, the maximum compensation is $863 per week.
What Do You Need To Do To Claim Worker’s Compensation
Florida law stipulates that you must report any injury within 30 days of the occurrence to your employer. Once they have received the report, your employer will contact their insurance company to follow up. If your employer fails to report the injury, you will need to file with the Division of Worker’s Compensation. Florida has a statute of limitations of two years for worker’s compensation claims, so it is important that you make sure that your employer follows up. In Florida, the worker’s compensation insurance company must authorise the diagnosing doctor. Your employer or the insurance company will instruct you on how to contact the doctor. The next step is the hardest and that is proving the injury happened on the job.
Proving Your Worker’s Compensation Claim
In general, in order to receive worker’s compensation you have to prove five key things:
● Jurisdiction: You have to prove that your employer was doing business in Florida at the time of your injury.
● Employment: You have to prove that you have an employment relationship with your employer.
● Injury: You have to prove that you have an injury and the injury is covered by Florida worker’s compensation laws.
● Causation: You have to prove that the injury was related to your work.
● Notice: You have to prove you informed your employer about the injury within the required time frame.
What Happens If Your Worker’s Compensation Claim Is Denied Or Inadequate?
Insurance companies do not want to pay out worker’s compensation, so they will often downplay your injuries, argue the injury was not work related, and even deny your legitimate claims. It can be really difficult to go through a worker’s compensation claim denial with the pain of injury and the stress of medical bills stacking up. If your worker’s compensation claims have been denied the best thing you can do is hire a personal injury attorney. A knowledgeable worker’s compensation lawyer, like the helpful professionals at All Injuries Law Firm, can help you prove the validity of your worker’s compensation claim and negotiate a fair settlement.
So if you need to file a worker’s compensation claim, know the basics and if you are ever denied, give us a call and we’ll help fight for a fair settlement for your work-related injuries!