Florida Workers' Compensation Accidents
Litigation FAQs
Filing a Workers' Compensation Claim in Florida
When you are injured on the job and need to take time off to get better, your world may be turned upside down. The fear of missing work and, therefore, losing out on wages adds to the stress you are already experiencing. Fortunately, that's why workers' compensation is required in Florida. It's a way to protect employees when they are injured while working. But workers' compensation is not always straightforward, and employers will
sometimes challenge your claim, adding insult to injury.
At Stillman Injury Law, our workers' compensation attorney in the cities of Lake Worth, Greenacres, Lantana, Boynton Beach, Palm Springs, Wellington, West Palm Beach, Ft. Lauderdale and Boca Raton handles all types of workers' compensation cases. We help both employees and employers comply with the law. We also ensure their rights are upheld and provide guidance so that they meet their respective responsibilities. One thing we know is this: informed clients make better decisions. Here, we answer many of the most commonly asked questions we get about workers' compensation. To get more specific answers, however, it is best to contact our workers' compensation lawyer at 561-626-6007 to schedule a Free Consultation.
What Constitutes Workers' Compensation in Florida?
Workers' compensation is a type of insurance that allows injured employees to obtain needed medical care and compensation when they have been injured on the job. Specific rules and the way workers' compensation is administered vary from state to state.
Workers' compensation benefits employees in several ways. Namely, it provides monetary compensation to cover lost wages while the employee gets the medical care they need. But also, getting a check via workers compensation is easier, more reliable, and quicker than filing a lawsuit for a personal injury or wrongful death.
As for employers, workers compensation insurance prevents workers from suing an employer for an injury suffered on the job. Avoiding lawsuits benefits the employer because workers' compensation does not compensate for pain and suffering, but a lawsuit would allow those types of damages. Workers' compensation insurance saves the employer from extra legal
and financial woes. Every employer in Florida with more than 4 Full Time employees is required by law to carry workers' compensation insurance, but there are some exceptions. This is why you should always contact a lawyer for an honest evaluation of your case.
What Does Workers' Compensation Cover?
Each state provides their own specific laws and rules on workers' compensation. That said, in Florida, workers' compensation compensates employees for the following costs that an injured employee may collect due to the injury and inability to work:
· Wages Lost.
On the job injuries can cause employees to miss work. Workers' compensation provides monetary compensation when this happens, although it may not reflect an amount equal to what the employee would have earned had they been able to work. Typically, it is a percentage, like 60 - 80 percent, depending on state law and the facts and circumstances.
· Medical Care.
Medical care received by an injured employee is covered by workers' compensation. This includes doctor visits, emergency room visits, and any needed surgeries.
· Medications.
Necessary medications are also covered by workers' compensation.
· Vocational Rehabilitation.
Vocational rehabilitation is a type of therapy created to help a person gain the skills necessary to return to work. Sometimes, when an injured employee is unable to return to the same job because of their injury, workers' compensation will pay for them to attend vocational rehabilitation so they can learn the skills needed for a new type of work.
· Physical Therapy.
Physical therapy is designed to help an injured person restore movement, such as standing and walking. When needed after an injury, workers' compensation will generally pay for physical therapy.
When an employee is killed while working, workers' compensation typically provides death benefits. This can include payment for the funeral of the deceased as well as provide additional financial compensation to the family members of the deceased. States differ on whether these benefits are provided and, if they are, what the amount will be.
What Does Workers' Compensation Not Cover in Florida?
While workers' compensation provides compensation for many different job injuries, there are limits to what it will cover. The
following are some examples of situations where workers' compensation may not be available.
· Injuries an employee sustains while under the influence of drugs and alcohol
· Injuries purposefully sustained by an employee
· Injuries sustained by an employee while engaged in a practical joke
Each state may have other situations where workers' compensation will not provide compensation for injuries. Even though it may seem like common sense, people need to be informed. Please contact us at Stillman Injury Law to find out if you are eligible for coverage under the worker's compensation statutes in Florida.
Who Pays for Workers' Compensation in Florida?
Employees do not pay for workers' compensation insurance. Instead, employers must purchase it. Any employer in Florida with more than
4 Full Time employees Must carry workers' compensation insurance. There are some exceptions which our attorneys are well aware of. Most employers purchase coverage from an insurance company, through their payroll provider ie. ADP or Paychex etc, or through a program administered by the state (Mainly self insured companies or funds). In some cases, large employers fund their worker's compensation program through a self-insurance fund or professional association fund ie. farm workers collaborative.
What Happens if an Employer Refuses to File a Workers' Comp Claim in Florida?
It is possible that an employer will refuse to file a claim on behalf of an injured employee. There could be a number of founded and unfounded reasons for this refusal, from suspicions that the injury did not happen while at work to worries that insurance premiums will increase. Whatever the reason, when an employer refuses to file the claim, the employee is left in a precarious position.
If you are an employee injured on the job, you must put your employer on notice in writing immediately after the injury occurs. Always file an accident report at work and if the employer refuses, get witnesses and take photos of the accident scene. You should also seek medical assistance. Then, if the employer challenges your claim, it is in your best interest to retain a competent workers' compensation attorney in Florida.
Can an Employee Still Get Compensation if the Injury Is Reported Late?
The answer to this question honestly depends on the state and the type of injury. But, in Florida you have up to 30 days to report an accident at work. However like anything else the sooner the better. This way you can see a doctor in a reasonable amount of time. The employer has 7 days to report your accident to the worker's compensation insurance company so, they can get your medical care started. Some injuries are accompanied by delayed symptoms, like whiplash, so you may not know you are injured until after the injury is sustained. Likewise, other injuries may be known, but their connection to the job may not be obvious until later down the road.
For these reasons and more, it may be impossible or very difficult for an injured employee to obtain compensation even when they do not report their injury within the time allotted by state law. The bottom line is to report and document the injury as soon as possible. Time is of the essence.
Are Diseases Covered by Workers' Compensation?
Yes, a disease can be considered an "injury" for the purpose of workers' compensation. If a person must work in and around toxic chemicals, for example, and they later develop a respiratory disease or another disease, like cancer, as a result of the exposure, then it is compensable if you cannot work while you recover.
Are Mental Health Issues Covered by Workers' Compensation?
Yes, mental health issues are covered by most workers' comp programs when the mental health injury is caused by the employee's job.
Common mental health injuries include:
· Post-Traumatic Stress Disorder (PTSD)
· Stress
· Depression
· Anxiety disorders
Keep in mind, however, these types of injuries are harder to prove than physical injuries. The mental health injury must be severe enough that you cannot perform your job duties.
Can an Employee Select Their Own Doctor for a Workers' Comp Claim?
In most cases, an employee cannot choose which doctor to see for purposes of workers' compensation, but instead they must see the doctor ordered by the employer and/or workers' compensation insurance carrier. This requirement is only if the employee wants workers' compensation, but employees are always welcome to visit their own doctors as well. The employee can always request a second opinion through the worker's compensation insurance if they do not agree with the initial doctor's findings or are unhappy with the care received. Most insurance companies will honor that request. The statute also states that the doctors have to be within a reasonable area or distance of the injured worker. They can not make you travel several hours to see their doctor.
If an employee does not agree with the assessment made by the employer's doctor or they feel they are being treated unfairly, they can seek the guidance of a workers' compensation attorney in Florida to discover what other options may be available.
How Long Does Workers' Comp Last in Florida?
The duration of workers' compensation depends specifically on state law and the severity of the injury. Benefits can be temporary or permanent and include full or partial disability. There is no accurate estimate as to the duration because each case is different. The more complex cases will take longer.
Do I Need a Workers' Compensation Lawyer in Florida?
As with most things, whether you need a workers' comp lawyer depends on the facts and circumstances of each case. Both employers and employees may need a workers' comp attorney to assist with any given issue. The more challenging the case, the more likely a workers' comp attorney is needed. Employees may specifically want to hire a workers' compensation lawyer when:
· They have a pre-existing condition
· Symptoms were delayed or developed over time
· Benefits are denied or delayed
· They are prematurely cleared to work
· Reasons exist not to trust the company doctor
· An employer wants them to take an independent medical exam
· An employer claims they are not covered by workers' comp
· An employer accuses them of fraud
· They are or will soon be eligible for Medicare
Keep in mind, the above are not the only reasons to retain a workers' comp lawyer. Do you and/or your workers' compensation claim face any specific or unique challenges? It never hurts to get a qualified opinion, especially when your future financial and medical situation may depend on it. Furthermore, our consultation is FREE so there is no cost for you to get an honest opinion about your case. It is our opinion that people who are represented by an experienced attorney are not harassed or jerked around by the savvy employers or insurance companies as those who try to take matters into their own hands.
Contact a Workers' Comp Attorney in the cities of Lake Worth, Greenacres, Lantana, Boynton Beach, Palm Springs, Wellington, West Palm Beach, Ft. Lauderdale and Boca Raton Today
Workers' compensation in Florida is there to protect both the employer and employees. Generally, the process goes smoothly, but when it does not, a workers' compensation attorney should be consulted. At Stillman Injury Law, our workers' compensation lawyer in the cities of Lake Worth, Greenacres, Lantana, Boynton Beach, Palm Springs, Wellington, West Palm Beach, Ft. Lauderdale and Boca Raton handles these types of cases and will handle yours with integrity and due diligence. Contact us by filling out the online form or Contact us at
561-626-6007 to schedule a Free Consultation.