Who Qualifies for Florida Workers’ Compensation?
Workers’ comp covers staff who incur injuries or illnesses, due to their job or workplace environment. This applies to injuries linked to illnesses or accidents, arising from exposure to toxic materials at work. Also, you might receive benefits if you go on a business trip. Nonetheless, a staff member who crashes his car whilst traveling to work on a morning, would not probably qualify for damages.
Often, workers’ compensation insurers attempt to apply exceptions to refuse legitimate claims. They might say that you do not qualify for damages, however you should not accept this as the gospel truth. Get in touch with a knowledgeable Orlando or West Palm Beach workers’ comp attorney at today to discuss you case
Which Injuries are Most Commonly the Subject of Workers’ Comp Claims?
The US Labor Statistics Bureau reports that 4679 employees died doing their jobs in 2014. That equates to over thirteen deaths every day. In addition, the bureau uncovered over 3.5 million instances of reported illnesses and injuries among US employees.
The Florida Workers’ Compensation Division provides a summary of the injuries that are most commonly the subject of 2015 workers’ comp claims:
- Slip or fall injuries – 13,454 claims
- Sprains or strains – 16,400 claims
- Punctures, scrapes and cuts – 2665 claims
- Wounded or struck by objects – 6148 claims
- Trapped between or in machinery – 1880 claims
- Accidents involving motor vehicles – 2324 claims
- Scalding, burns, cold or heat exposure – 866 claims
- Stepping on/striking against – 1703 claims
Whether you are making a claim related to construction site injuries, industrial accidents or injuries incurred at your office, the Rosenthal, Levy, Simon and Sosa legal team are here to discuss your situation – and find out whether we can help you get justice.
What is the Process for Claiming Florida Workers’ Compensation Benefits?
There is a number of things you have to do to correctly report your injuries and begin the workers’ comp claims procedure:
- Firstly, inform your employer about your illness or injury as quickly as you can. You have to do this within thirty days, otherwise your claim might be rejected.
- Secondly, consult the physician straightaway to begin documenting what happened. You should be able to get a list of approved physicians from your employer, so you can get treatment for the injuries you suffered. Inform the physician that your injuries are related to work and be aware that the physician should send the appropriate medical fees to your employer’s insurer.
- Thirdly, keep your eyes open for details from the workers’ comp insurance firm. After you have reported your injuries, your employer needs to contact the workers’ comp insurer within seven days. Then, the insurer has a few days to inform you about your obligations and rights. The Florida Workers’ Comp Division publishes these details in Spanish and English on its site.
What is the Process for Calculating Workers’ Compensation?
Staff who suffer injuries at work and successfully pursue a workers’ comp claim normally get benefit payments twice per week. The Florida Workers’ Compensation Division reports that compensation is usually calculated based on sixty-six percent of your weekly salary (on average), up to a certain point. Staff who suffered recent injuries will be paid out based on the salaries they earned thirteen weeks beforehand (rather than including the week they had the accident).
Based on how severe your injury is, the Florida Workers’ Comp Division provides three benefit calculators, so workers can determine which benefits they might qualify for. Nonetheless, all cases are different, so the agency states that the calculators only offer an estimate of your damages. Always speak to somebody with experience in this field, like a Florida workers’ comp lawyer, to calculate how much compensation you can pursue in your situation.
Here are a few calculators that can provide an indication of your options:
- Calculator for Benefits Linked to Impairment Income
- Calculator for Benefits Linked to Temporary Partial Disabilities
- Calculator for Benefits Linked to Temporary Total Disabilities
Are the Benefits I get Subject to Income tax?
Your benefits are not subject to any tax. However, if you can go back to your job on limited or light duty, despite the fact that you are undergoing medical treatment, you will have to pay tax on the salary you earn.
What is the Appeal Process for Workers’ Compensation Decisions?
Sometimes, an insurer might decline to pay out for your injury or illness. For example, the firm might say that you do not qualify as a ‘member of staff’, that you were away from the workplace when suffering your injuries, or that you injured yourself because you broke the law – or contravened company policy. Other insurers might approve your claim, but only agree to pay out a small sum — much less than you should receive.
When faced with unfair decisions, a knowledgeable workers’ comp lawyer can help you to appeal and request a fair number of damages for your illness or injury. There are strict deadlines for pursuing appeals however, so it is vital to act fast — after you receive an unfair decision.
What Services Will a Workers’ Comp Lawyer in Florida Offer?
In Florida, the workers’ comp system is complicated, and your employer’s insurer knows how to navigate the system to settle claims to their advantage. Nonetheless, the expert workers’ comp lawyers at Rosenthal, Levy, Simon and Sosa understand this system fully, and have negotiated settlements for staff and employers alike. We are aware of how insurers will attempt to bully you, so we can deal with this robustly.
Can I Pursue Workers’ Comp for all Injuries in the Workplace?
No. Although most injuries at work fall under the remit of workers’ comp insurance, there is a few job-related injuries that do not. You can pursue claims for these other injuries by filing a lawsuit against your employer. Be mindful that these are rare exceptions, because the workers’ comp system in Florida aims to be efficient and predictable, with regards to workplace injuries incurred by staff. All employers in Florida are legally obliged to offer benefits to injured staff, for medical fees, lost salaries, death and/or disability benefits. For this reason, the majority of workplace accidents are covered by workers’ comp legislation.
Notwithstanding, there are several exceptions that can expose employers to liabilities past the restrictions they face under workers’ comp law. An example would be when employers commit tort intentionally against employees, which results in them being killed or injured. Suffice to say, public policy disapproves of permitting employers to harm staff intentionally, then limit their liability for these injuries using workers’ comp insurance. Also, employers might need to pay employees more than their insurance liability, if they act in a disreputable way when dealing with their employees’ benefits claims. Furthermore, exceptions might arise if employers and employees have legal relationships that go beyond their workplace relationship. Once example of this might be if an employer owns the premises where an employee was hurt and had failed to maintain the premises to an acceptable level.
While they do not usually incur physical injuries, claims related to retaliation, harassment or unlawful discrimination – due to religion, race, nationality or gender, are covered by workers’ comp laws. A member of staff might pursue a claim like this, irrespective of whether (s)he also filed for workers’ comp damages.
It is vital to bear in mind that the law in Florida does not allow employers to bully, or threaten to fire, staff members who pursue legitimate workers’ comp claims. The principle is that injured employees should not be scared of being fired, when deciding whether to pursue a workers’ comp claim. The legislation related to suing employers is highly complicated. Therefore, if you believe you have reasonable grounds to pursue a claim, you should contact a lawyer who specializes in workers’ comp, personal injury and employment law.
Does Workers’ Compensation Cover Injuries to Florida Employees, if They are to Blame?
Yes, workers’ comp covers workplace injuries, irrespective of who is to blame – or perhaps if the injuries were not anyone’s fault. There is a ‘no fault’ system for workers’ comp in Florida, which promotes predictability and efficiency concerning workplace injuries incurred by staff. This is why most injuries in the workplace fall under the remit of workers’ comp insurance claims — rather than lawsuits. Employers in Florida are legally obliged to offer benefits to staff who are injured, to pay for medical fees, lost salaries, and death and/or disability benefits that arise from on-the-job injuries. The majority of workplace incidents, therefore, will be covered by workers’ comp legislation.
The workers’ comp program in Florida is a legally binding contract. The conditions of this contract are that staff are guaranteed to receive benefits, to pay for lost salaries and medical treatment, in return for not suing their employers for workplace injuries. So, although staff are not normally allowed to allocate blame to their employers for injuries incurred, employers are not permitted to defend claims by assigning blame to their staff. It is due to this agreement that the principle of blame does not factor into the evaluation of claimants’ injuries.
It is vital to bear in mind that the law in Florida forbids employers from intimidating, terminating or threatening to terminate a staff member’s contract, because that staff member makes a legitimate workers’ comp claim. The principle is that injured staff should not be scared of being sacked, when deciding whether to pursue a workers’ comp claim. The legalities concerning injuries in the workplace and the resultant claims can be extremely complicated. Therefore, if you believe you have reasonable grounds to file a claim, it is important to speak to a lawyer who specializes in workers’ compensation, personal injury and employment law.
Can Employees be Made to buy Florida Workers’ Comp Insurance?
No. In Florida, the law clearly states that employees can not contribute to the payment of their own workers’ comp funds. In Florida Statues, Section 440.105(4)(a)(2), it is declared unlawful for employers to cut the salary of any covered employee to pay for any part of their workers’ comp insurance benefits. Employers in Florida are legally obliged to offer compensation to staff, who incur workplace illnesses or injuries. That compensation is used to cover medical treatment, lost salaries, and death and/or disability benefits incurred by injured employees.
The ‘no fault’ workers’ comp program in Florida is a legally binding contract. This contract states that employees can receive compensation to fund medical treatment and lost salaries, as long as they agree not to pursue a lawsuit against their employer for workplace injuries. To keep in line with public policy, covered employees who relinquish their right to file lawsuits, in return for guaranteed compensation, are not expected to pay towards that compensation. Be aware that the law in Florida makes it illegal for employers to bully, sack or threaten to sack a member of staff, because that staff member pursues a legitimate workers’ comp claim. The principle is that injured employees should not be scared of getting sacked, when deciding whether to pursue a workers’ comp claim.
If, in your opinion, your employer has illegally reduced your salary, or charged you another way, to cover the cost of workers’ comp insurance, you might be eligible for financial benefits. The legalities concerning injuries in the workplace – and the resultant payments – can be extremely complicated. For this reason, it is important to speak to a lawyer who is an expert in the fields of workers’ compensation, personal injury and employment law.
