As an employee, it’s important to understand your legal rights if you’re injured on the job. Without this knowledge, you may not receive the compensation and benefits you deserve.
Here you can learn about workers’ compensation laws in Florida, employer obligations, legal rights for injured workers, hiring an attorney, and more. If you are injured on the job and need assistance, contact Florida Accident Injury Attorneys.
Work Accident Statistics in Florida
According to the Florida Department of Financial Services, and Division of Workers’ Compensation, there were 55,918 reported work-related injuries in Florida in 2020. Of these, 32,384 were classified as “lost time” injuries, meaning that the injured worker could not return to work immediately after the injury.
The industries with the highest number of reported injuries were construction, healthcare and social assistance, and retail trade. The most common injuries reported were strains and sprains, cuts and punctures, and contusions. It’s important to note that these statistics only reflect reported injuries, and the number of work-related injuries in Florida may be higher.
Florida Workers’ Compensation Laws
Florida Workers’ Compensation Laws refer to the set of laws that outline the benefits, procedures, and requirements for workers who have been injured or become ill due to their job.
These laws are designed to protect employees and ensure that they receive appropriate medical care and financial compensation in the event of a work-related injury or illness.
In Florida, most employers are required to carry workers’ compensation insurance, and employees who are covered by this insurance are eligible to file a claim if they are injured on the job. The Florida Workers’ Compensation system is overseen by the Florida Department of Financial Services, Division of Workers’ Compensation.
Eligibility Requirements for Workers’ Compensation Benefits
To be eligible for workers’ compensation benefits in Florida, you must meet the following requirements:
- You must be an employee: Independent contractors and volunteers are generally not eligible for workers’ compensation benefits.
- Your employer must carry workers’ compensation insurance: Most employers in Florida are legally required to carry workers’ compensation insurance. If your employer does not carry this insurance, you may still be able to receive benefits through the Florida Workers’ Compensation Administration Trust Fund.
- Your injury or illness must be work-related: To qualify for workers’ compensation benefits, your injury or illness must have occurred due to your employment. This includes injuries on company property while performing work-related duties or traveling for work.
- You must notify your employer of the incident: You have 30 days to report your work injury to your employer after it happens. Failure to report your injury within this timeframe could result in denying your workers’ compensation claim.
If you meet these requirements, you may be eligible for medical care, lost wage benefits, and other benefits under the Florida Workers’ Compensation system.
Benefits Available to Injured Workers
In Florida, injured workers who are eligible for workers’ compensation benefits may be entitled to the following benefits:
- Medical Benefits: Injured workers are entitled to receive all necessary medical care related to their work-related injury or illness, including doctor visits, hospitalization, medication, and physical therapy.
- Wage Replacement Benefits: You may receive wage replacement benefits if your injury prevents you from working for more than seven days. These benefits are usually two-thirds of your average weekly wage, up to a maximum amount set by the state.
- Vocational Rehabilitation Benefits: In cases where the injured worker cannot return to their previous job, they may be entitled to vocational rehabilitation benefits. These benefits assist with job training, job search, and placement services.
- Death Benefits: The dependents of a family member who dies on the job can sometimes receive death benefits.
It’s important to note that the specific benefits available may depend on your injury’s circumstances and your eligibility for workers’ compensation. An experienced workers’ compensation attorney can help you determine which benefits you may be entitled to and assist you in pursuing those benefits.
How to File a Workers’ Compensation Claim in Florida
To file a workers’ compensation claim in Florida, follow these steps:
Notify Your Employer of the Incident
You must report your accident and injury within 30 days of the incident. Failure to report your injury within this timeframe could result in denying your workers’ compensation claim.
Seek Medical Attention
Seek medical attention as soon as possible following your injury. Your employer may have a designated medical provider, or you may be able to choose your own provider. Be sure to inform your provider that your injury is work-related.
Complete and Submit a Workers’ Compensation Claim Form
Your employer should provide you with a workers’ compensation claim form (Form DWC-1) within seven days of your injury report. You must complete this form and submit it to your employer.
Wait for a Response
Your employer or workers’ compensation insurance carrier will have 14 days to investigate your claim and determine whether to accept or deny it. If your claim is accepted, you should receive benefits within a few weeks.
Consider Hiring an Attorney
If your claim is denied or you are not receiving the benefits you believe you are entitled to, consider hiring an experienced workers’ compensation attorney. An attorney can help you navigate the claims process, gather evidence to support your claim and pursue the benefits you deserve.
Acting quickly when filing a workers’ compensation claim is important, as some strict deadlines and requirements must be met. If you have questions or need assistance, contact the Florida Division of Workers’ Compensation or an experienced Florida worker’s compensation attorney.
Our Attorneys Can Help with Your Workers’ Compensation Claim in Florida
If you have been injured on the job in Florida, our experienced attorneys can help you navigate the complex workers’ compensation system and pursue the benefits you deserve. Workplace injuries can be physically, emotionally, and financially devastating. We are committed to helping our clients receive the medical care and financial support they need to recover.
Our attorneys can assist you with every step of the workers’ compensation claims process, from reporting your injury to your employer to appealing a denied claim. We can help you gather evidence to support your claim, communicate with your employer and their insurance carrier, and represent you at hearings and in court.
We offer personalized, compassionate representation and will work tirelessly to ensure that you receive the full benefits you are entitled to under Florida’s workers’ compensation laws. Contact us today to schedule a consultation and learn how we can help with your workers’ compensation claim.
