Filing A Workers Compensation Claim In Florida

The following article will cover:

• Workers’ compensation laws in Florida and how it works.
• Examples of injuries covered under Florida workers’ compensation law.
• Benefits available for workers’ compensation.

What Are The Workers’ Compensation Laws In Florida? How Does Workers’ Compensation Work In Florida?

In Florida, workers’ compensation laws mandate that employers with more than four full or part-time employees provide workers’ compensation insurance coverage. If you sustain an injury at work or during work-related activities, you typically cannot sue your employer barring special circumstances.

Instead, any workplace accidents entitle you to treatment, free of charge, through your employer’s workers’ compensation insurance. It’s important to note that under workers’ compensation law, you must receive treatment from doctors authorized by the workers’ compensation insurance. You generally cannot use your own doctor unless they are approved within the workers’ compensation system.

What Are Examples Of Injuries Covered Under Florida Workers’ Compensation Law?

Florida’s workers’ compensation law covers a wide range of injuries, including physical injuries, workplace injuries, illnesses, psychological and emotional injuries, and occupational diseases. The primary criterion is that the injury must occur during the course of your employment and not be the result of your own willful misconduct or intoxication.

What Benefits Are Available For Workers’ Compensation?

Workers’ compensation provides several benefits. Initial benefits include medical coverage such as doctor visits, hospital stays, surgeries, medications, physical therapy, rehabilitation, and medical equipment. Lost wage benefits are also available.

Temporary total disability benefits are provided if you are unable to work due to injury or illness, while temporary partial disability benefits are available if you can work in a reduced capacity. Permanent total disability benefits are granted if you are permanently disabled due to a work-related injury or illness. The severity and duration of the injury determine these wage replacement benefits.

If you have permanently lost function or been impaired, permanent impairment benefits compensate for this loss based on a medical evaluation from workers’ compensation doctors. Vocational rehabilitation is provided if you need to be trained for a different job because you cannot return to your previous one.

This includes job training, skills development, and job placement assistance. In the unfortunate event of a work-related death, death benefits are provided to surviving dependents, covering funeral expenses, a portion of the employee’s wages, and ongoing support.

My Employer And Insurance Company Have Denied My Claim For Workers’ Compensation Benefits. Do I Need Legal Representation To Get My Benefits? What Should I Do?

If your workers’ compensation claim is denied, it’s advisable to consult an experienced workers’ compensation lawyer, as navigating the system can be challenging. Begin by discussing your case with a workers’ compensation lawyer and provide all relevant documentation to formulate a strategy.

Gather evidence to support your claim and report the injury promptly. If your benefits are denied, file an appeal and request a hearing. An attorney can advocate for your rights, present compelling arguments, and address any deficiencies leading to the denial of your claim.

In some instances, you may need a second opinion from another doctor to assess your condition and determine if further treatment is necessary. If your claim is denied after initial approval or treatment, or if the insurance company argues that your condition is unrelated or preexisting, you may need to file an appeal.

This process often leads to negotiation and potentially a settlement agreement. However, if an agreement can’t be reached, litigation may be necessary, and your attorney can represent you in court.

For more information on Filing A Workers Compensation Claim In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (904) 357 0090 today.