Making A Workers’ Compensation Claim In Florida

Florida workers who sustain an injury at work while engaged in their normal job duties may be able to receive worker’s compensation. Florida’s workers compensation or workman’s compensation is a no-fault set of laws which provides medical benefits and lost wage compensation to injured employees.  Florida workers can receive work comp insurance without filing a personal injury claim in court and proving their employer was negligent for their work injury. In exchange for immediate benefits, the employee accepts a limited monetary benefit from their employee which may be less than they could have won in court.

Workers comp insurance covers a variety of work injuries and occupational illnesses. Most Florida employers are required to provide work injury compensation to employees who sustain a variety of work injuries including:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpel Tunnel
• Diseases caused by inhalation of chemicals or other toxins

Workers comp insurance does not cover all injuries which occur at work. Employees who are injured while intoxicated, rough housing, engaged in a voluntary, recreational activity or travelling to and from work may not receive work injury compensation.

Florida Workers Compensation Benefits

Florida worker’s compensation provides a variety of immediate benefits to Florida workers who suffer an injury at work. Work injury compensation can include: medical benefits, temporary total disability benefits, temporary partial disability benefits, vocational rehabilitation and death benefits to surviving spouses and children.

• Medical Benefits – Florida worker’s compensation benefits include all reasonable and necessary medical care for a work injury. Doctor’s visits, hospital stays, medical screenings, laboratory services and medications are all covered by workman’s comp insurance.
• Temporary Total Disability Benefits – Florida workers who suffer a work injury and are unable to work can receive temporary total disability benefits which are 2/3 of their regular wage. Benefits do not begin until 7 days of missed employment. If the work injury last more than 21 days the first seven days are paid.
• Permanent Partial Disability Benefits – Florida workers who suffer an injury at work and are able to return to work but due to their residual disabilities can not make 80% of their previous wage amount may be eligible for permanent partial disability benefits.
• Permanent Total Disability Benefits – Florida workers who sustain an injury at work and can not return to any type of employment may be eligible for permanent total disability benefits.
• Death Benefits – Surviving beneficiaries of Florida workers who die within one year after their work injury or 5 years of being continually disabled from their work injury or occupational illness may receive $150,000 in work injury compensation. Burial benefits are also allowed up to $7500 through Florida’s workers comp insurance.
• Vocational Rehabilitation Assistance – Florida workers who suffer an injury at work and due to their work injury are unable to continue in their current employment may receive vocational rehabilitation services to help them re-enter the workforce.

Do I Need a Florida Worker’s Compensation Attorney?

Florida workers can file their own workers compensation claim or they can hire a worker’s compensation lawyer to help. Florida employers and their adjusters will always have their own work injury attorneys working for them. Work comp attorneys can help employees make sure their work compensation claim is filed correctly and they receive all the wage benefits and medical care they need to return to work.

Work injury lawyers should be contacted if the work injury was caused by a third party or if the Florida employee is the victim of workplace discrimination, harassment or has been demoted or fired because of the work injury.