Have you suffered an injury at work? If so it’s important for you to understand Florida’s workers’ compensation law. While most workplace injuries and illnesses are covered under the law, there are certain limited exceptions. Before you decide to file a claim, you should know whether or not your injury or illness is covered under the law.
Like most states, in Florida, workers’ compensation covers employees who have suffered a physical injury caused by their working environment, including accidents. It also covers employees who have suffered an illness caused by their working environment, including illnesses caused by exposure to dangerous materials at work.
If you’ve suffered an injury or illness caused by your working conditions, it’s important for you to contact a workers’ compensation attorney. An experienced workers’ compensation attorney will understand the specifics and nuances of Florida’s law and can help you understand your options to get the best outcome for your case.
How to File a Workers’ Compensation Claim in Florida
In order to file a workers’ compensation claim in Florida, you must take multiple steps. It’s important to follow every step and adhere to the law. If you do not follow the appropriate steps on time, you run the risk of having your claim denied.
First, report your injury or illness to your employer as soon as possible. If you do not report your injury or accident within 30 days, your claim could be denied. You should also see the doctor immediately because it’s important to medically document your claim. Make sure you inform your doctor that the injury or illness occurred at work and is work-related.
Next, you should expect information from the workers’ compensation insurance company. After you report your injury or illness, your employer has seven days to contact the workers’ compensation insurer. The insurance company will then have only three days to send you information about your rights and responsibilities.
If it seems too complicated or overwhelming, don’t try to handle your claim alone. An experienced workers’ compensation attorney can help you file your claim in accordance with Florida law to give you peace of mind.
Does Workers’ Compensation cover all Workplace Injuries?
The short answer here is no. Although workers’ compensation covers most workplace injuries, there are a few exceptions in Florida. These exceptions typically involve scenarios that expose your employer to a higher degree of liability than workers’ compensation demands. This occurs when an employer commits an intentional tort against one of their employees, causing injury or death.
Florida law requires employers to provide lost wages, medical expenses, disability, and death benefits to injured employees. Fortunately, workers’ compensation covers the overwhelming majority of workplace injuries and illnesses. But if you aren’t sure whether your injury is covered, contact an experienced workers’ compensation attorney right away.
What if I was at Fault?
Fortunately for employees in Florida, on-the-job injuries are covered by workers’ compensation regardless of who was at fault. Florida has “no-fault” workers’ compensation. This type of workers’ compensation system is designed to produce efficiency and predictability in workers’ compensation claims resulting from on-the-job injuries. Therefore, workers’ compensation covers workplace injuries, regardless of who was at fault or if a no-fault injury occurs. This allows most of those who have suffered a workplace injury to avoid going to court. Lawsuits can be costly, time-consuming, and demanding. Florida’s workers’ compensation laws help employees avoid the courtroom and get the benefits they need and deserve.
How is Workers’ Compensation Calculated?
If you have been injured on the job and file a successful workers’ compensation claim, you will likely receive biweekly checks for your pay. Your pay will typically be calculated as two-thirds of your average weekly wage. If you were recently injured on the job, your pay would be calculated based on the wages you have earned in the 13 weeks before your injury, not including the week of your injury.
If you are curious about potential workers’ compensation pay, some calculators can give you a rough estimate depending on the nature of your injuries. But you should contact an experienced workers’ compensation lawyer with your questions. A workers’ compensation attorney will have the knowledge and expertise necessary to explain everything involved in your claim.
Deirdre DiBiaggio of DiBiaggio Law: A Workers’ Compensation Attorney Serving Clients in Palm Beach, Broward, Miami-Dade, and Monroe Counties
Navigating the workers’ compensation system in Florida can be confusing. It is complex, and your employer will likely be more able to understand the system and have claims resolved in their favor. This is why it’s essential to contact an experienced workers’ compensation attorney.
If you’ve suffered a workplace injury, even if you were at fault, contact DiBiaggio Law today at (561) 473-9800. We can help you understand and navigate the Florida workers’ compensation process. Our team has extensive experience working on cases involving workplace injuries, and we will gladly provide you with a clearly defined plan. We serve clients in Palm Beach, Broward, Miami-Dade, and Monroe counties.
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