Being injured on the job is something no one wants to experience. However, it's a reality that workers across industries face daily. For those in Florida, a work-related injury can lead to missed work, lost wages, and financial strain. Thankfully, the Florida workers’ compensation system is designed to help you overcome these challenges and ensure you have the necessary means to heal, recover, and return to work.
However, navigating workers’ compensation law can be complex. Understanding your rights and the benefits you’re entitled to as an injured worker in Florida is crucial. This guide will help you understand the basics of Florida’s workers’ compensation system and how to secure the benefits you deserve.
In Florida, most employers are legally required to provide workers with workers’ compensation benefits if they are injured on the job. This insurance coverage helps replace lost wages and covers medical expenses.
The amount of compensation you receive depends on the severity of your injury and its impact on your ability to work. Importantly, as an injured worker, you do not need to prove that your employer caused your injury—only that the injury occurred while you were performing your job duties.
Most occupational diseases and accidental injuries are covered if they happen because of your job. However, mental illnesses are only covered if they are directly linked to a physical injury or occupational disease.
As noted, most Florida employers must carry workers’ compensation insurance for their employees. Here’s a breakdown of who must be covered:
This law applies to public entities, private companies, employment agencies, and governmental agencies. However, despite the legal requirements, some employers do not carry the necessary insurance.
You can check if your employer has the required coverage online by visiting the Employee Assistance Office (EAO) on the Division of Workers’ Compensation website and searching for “Proof of Coverage.” Enter your employer’s name and city, such as Boca Raton, to verify their compliance with the law.
Most full-time and part-time workers in Florida are eligible for workers’ compensation benefits if they suffer a work-related injury. However, some categories of workers may not qualify, including:
Even if you qualify, your employer or their insurance company might try to use exclusions to deny your benefits. If this happens, contact an experienced Florida workers’ compensation attorney immediately.
The Florida workers’ compensation law limits the amount you can receive. The maximum weekly benefit is 100% of the average weekly wage in the state, which was $1,099 as of January 1, 2022. Disability benefits are paid as a percentage based on your total disability.
Florida workers’ compensation provides coverage for accident- and injury-related medical costs, and there are three main types of benefits you may receive:
Florida workers’ compensation covers various work-related conditions, including:
If your injury or illness occurred while on the job, you should be eligible for workers’ compensation benefits. However, your employer’s insurance carrier may try to deny your benefits, particularly if they can prove you were:
For example, if you were injured during horseplay with a co-worker, your claim might be denied. However, if you were following company policy, your claim should be valid.
In Florida, you must report your work injury to your employer within 30 days of the incident. It’s best to do this in writing. If your injury takes time to develop, you have 30 days from the date of discovery to report it.
Additionally, you must file a petition for benefits within two years of the injury or discovering the work-related condition. Waiting too long to report the injury may result in the insurance company denying your claim.
Florida’s workers’ compensation system involves many rules and deadlines, making it challenging to navigate alone. Hiring an experienced attorney is advisable, especially if your claim is denied.
Even though workers’ compensation is a no-fault system, having an attorney represent your interests increases your chances of recovering the benefits you are entitled to.
Remember, if you’ve been injured on the job, don’t delay reporting the injury. Seek medical attention promptly and consult a legal professional to protect your rights to benefits.
For more information or assistance with your workers’ compensation claim, contact us at 402-541-5867 or email us at info@ironcladinjurylaw.com. We’re here to help you navigate the complexities of Florida workers’ compensation law.
