Most firms in Florida are obligated by law to offer workers’ compensation benefits to employees who sustain workplace injuries or get occupational diseases as a result of their occupations. In general, injured employees get payments under Florida’s no-fault workers’ compensation system, regardless of who was at blame for the injury. In exchange, these people are prohibited from bringing a work injury claim against the corporation or business.
It’s critical to comprehend the typical ailments covered by workers’ compensation coverage if you work in Florida. Let’s break down the basics.
What Exactly is a Work Accident Compensation Claim?
Employees who are hurt or become incapacitated while doing their duties in Florida may be covered by workers’ compensation insurance. The employer provides it, which incentivizes them to put the safety of their workers first. Usually, it pays for the injured worker’s medical expenses, such as physical therapy, prescription medications, and doctor visits.
Travel costs to and from authorized healthcare facilities, compensation for replacing lost wages, and workers’ compensation accident compensation payouts for temporary disability are also covered. When an employee passes away while working, their family may also be eligible for death benefits.
Workers’ compensation recipients give up their ability to sue their employers if they have an injury at work. Employers maintain a safe workplace in exchange. Workers’ compensation is awarded regardless of who was at blame for the harm, unlike most work injury damages claims. Employees will therefore get workers’ compensation benefits whether or not they caused the injury or the company was to blame.
State-by-state variations exist in workers’ compensation legislation. All companies in Florida that employ four or more people are required to have workers’ compensation insurance. Whether they work full- or part-time, this applies. There are several exceptions to this. For instance, solo entrepreneurs are not covered even if they might do so by submitting a coverage election form.
Construction firms are expected to provide coverage for every employee, whereas agricultural organizations must have at least six permanent employees and twelve seasonal employees. Enterprises that are in default may have their activities suspended until they comply and pay a fine in order to guarantee that all qualified businesses offer workers’ compensation. If this is not followed, the business may be subject to civil penalties.
How Does Work Injuries Compensation Work in Florida?
Your workers’ compensation insurance can assist in covering work injury damages like medical costs if one of your employees becomes ill or injured on the job. This involves continuous treatments like physical therapy as well as care for repetitive stress injuries.
If you have employees who are injured and require time off to recuperate from a work-related sickness or accident, this coverage also helps compensate for lost pay. Additionally, it might aid in covering a long-term disability that prevents your employee from going back to work. If an employee passes away as a result of a work-related injury, it will even assist with funeral expenses.
If you require time off of work to recuperate from a job-related sickness or accident, you may be eligible for temporary complete disability payments under Florida workers’ compensation. Unless your injury prevents you from working for more than 21 days, you won’t receive these benefits during your first seven days off. Up to an annualized legal maximum, temporary total disability compensation is equal to two-thirds of your typical weekly salary prior to the accident.
Additionally, you can be qualified for benefits for permanent disability. Your doctor will assess you when your medical care is through to see if you have any lingering medical conditions or lost function as a result of your injury. The doctor will use a timetable to assign you an impairment rating, represented as a percentage if you are able to work to some level. The duration of your permanent disability compensation will then be determined based on this assessment using a method prescribed by Florida law. The amount of your weekly benefits will be 75% of your temporary total disability rate, but if you’re making at least as much as you were before your accident, that amount will be reduced in half.
Benefits for complete and permanent disability may also be available. Amputation of an arm or a limb or serious brain damage are examples of severe workers’ compensation injuries that are automatically deemed to result in total and permanent incapacity. You will be qualified to receive permanent total disability benefits at the same rate as temporary total disability benefits if your doctor determines that you have a permanent disability that prevents you from working. If you are not eligible for Social Security payments, these benefits will last for the remainder of your life or until you are 75 years old.
What is Covered for a Workers Compensation Accident in Orlando, FL?
Simply put, your workers’ compensation insurance may give benefits for your condition that was brought on by your job. These benefits may assist with covering missed income, medical costs, specialized care, and the majority of other linked requirements. This is often accurate if your therapy has been recommended by the attending physician and approved by the insurance provider. You could also be eligible for reimbursement for the expense of going to and from doctor’s appointments and purchasing prescription drugs.
If you were ill at work, especially in light of the COVID-19 epidemic, you may be entitled to one of the following four categories of workers’ compensation benefits:
- Medical insurance – This would pay practically all of the illness-related medical expenses.
- Wage benefits – These would pay back any wages that were lost while the employee was unwell.
- Vocational rehabilitation – This may be necessary if the disease has resulted in issues at work. such as difficulties breathing, a decrease in strength or stamina, etc.
- Death benefits – if you pass away as a result of the disease you developed at work.
It’s crucial to keep in mind that in Florida you may often file a workers’ compensation claim for your sickness, but you must be able to prove that it was either contracted or caused while you were working or performing a job-related duty. However, even if you fulfill the other requirements, you could not be qualified for benefits.
You could get your work injury claim declined for a few different reasons. Your claim could be rejected for any of the following scenarios:
- To prevent the disease, you weren’t adhering to the safety guidelines established by your workplace. You might not be using a mask as they advised in the case of a disease like Covid 19 or social withdrawal.
- When you caught the disease, you were under the influence of drink or drugs.
- You deliberately made yourself unwell to stay home from work, etc.
As you can see, this is a complicated topic, made all the more so by the epidemic that is presently altering the nature of the workplace as a whole. You can be certain that your claim will be handled properly and with the kind of attention to detail that this disease claim requires by speaking with a Tampa Bay workers’ compensation attorney. Do this to protect the privileges that were granted to you as a result of your sickness at work.
For a sizable variety of ailments or medical issues connected to your place of employment, you can be eligible for workers’ compensation payments, including:
- Repetitive stress – Work or fatigue that directly contributed to your sickness.
- Stress-related issues at work – Contrary to popular belief, this is a problem that affects a lot more people nowadays. Workplace stress can result in a variety of illnesses that may be covered.
- Infectious illness – Infectious illnesses like the coronavirus fall under the category of occupational sickness. If you were put in confined areas, prohibited from using advised safety measures, etc. You may be able to file a workers’ compensation claim for your sickness if you took the necessary steps to prevent infections or air-born illnesses.
These are only a few instances, but telling your workers’ compensation lawyer about your case and scenario will undoubtedly help you determine whether you qualify for workers’ compensation and can receive fair pay and assistance.
In Florida, workers’ compensation would typically cover illnesses and injuries contracted during the regular course of employment. There are, however, some exclusions, such as where a worker’s accident or sickness was brought on by drug or alcohol use, workplace misbehavior, or disobeying established business policies to prevent disease. Simple examples of only a few ailments or wounds include:
- Bruises and lacerations
- Psychological harm brought on by work-related stress
- Lung cancer, mesothelioma, and other potentially fatal illnesses that can be brought on by exposure to dangerous chemicals or infection include respiratory, viral, or bacterial disorders, airborne or contact viral infections
Again, these are but a few instances; there are many more. The most effective approach to determine if your condition can and should be covered by Florida’s workers’ compensation insurance is to speak with your workers’ compensation attorney.
If you think you became sick at work, get any necessary medical assistance right away since your health comes first. Then, discuss the specifics of your case and condition with a Florida workers’ compensation attorney as soon as you can. For many different clients, Sternberg | Forsythe, P.A. has handled workers’ compensation matters effectively. Avoid going it alone because doing so might jeopardize your future, your family’s health, and your own.
What is Not Covered for a Work Injury Compensation Claim?
According to Florida law, medical expenses and lost income are mostly covered by workers’ compensation. As a result, there are several items that workers’ compensation does not cover.
Distress and Suffering
Workers’ compensation does not often cover pain and suffering, but most personal injury claims do. Even with convincing proof, there is a low likelihood that employees will be compensated for their pain and suffering.
Injuries That Occur Outside of Work
In Florida, workers’ compensation only covers accidents that happen to workers while they are doing their job obligations. These do not cover wounds received throughout the course of a workday but not while doing their job. For instance, a worker would not be covered by workers’ compensation if they were injured while traveling to work. However, workers’ compensation will pay out if the accident happened while using the company automobile for business purposes.
Workers’ compensation does not pay for accidents brought on by a worker’s behavioral problems. This includes wounds received during a fight or while intoxicated.
There are some other ailments that are not covered by workers’ compensation in addition to those listed above. They consist of pre-existing conditions (unless they are made worse by a job accident), “acts of God,” and common ailments and injuries including cuts, the flu, and bruises.
Trust the Attorneys at Sternberg | Forsythe, P.A. to Help You With Your Workers Compensation Injury Settlement
You need experienced legal counsel and work injury advice if your employer or their insurance provider did not take your work-related injuries seriously or if your original application for Social Security Disability payments was denied. You need to take rapid action for your future, family, wealth, and health. Additionally, you could be unclear about your workers’ compensation eligibility. In this case, a workers’ compensation attorney could be quite helpful. The knowledgeable attorneys at Sternberg | Forsythe, P.A. have committed their entire legal careers to defend the rights of injured workers.
Our decades of combined experience in workers’ compensation issues can be helpful to you. Sternberg | Forsythe, P.A. provides services to workers in Orlando, Florida. Our full-service work injury law firm only handles workers’ compensation cases, and our expertise in this field helps us understand the various injury types, the freedom to choose your doctor, when to report an injury, the necessity of hiring an experienced work injury lawyer, the potential compensation you might be entitled to, and the reasons for reopening a case that has already been dismissed. To learn more about how we can help you with your workers’ compensation case, call our experts at 561-513-4376 right now. Contact Sternberg | Forsythe, P.A. right now to arrange a free first consultation.