Personal Injury ยท June 18, 2023
Workers' Compensation in Florida: What Injured Employees Must Know
Florida's workers' compensation system is designed to protect injured workers, but navigating it without guidance often leads to denied claims and reduced benefits. Here's what you need to know to protect yourself.
Every year, thousands of Florida workers are injured on the job. Some injuries are immediately obvious, a fall from scaffolding, a machinery accident, a slip on a wet floor. Others develop gradually over time, repetitive stress injuries, occupational diseases, cumulative trauma. In either case, the workers' compensation system is supposed to provide a safety net. In practice, it is a system that rewards those who understand it and penalizes those who do not.
Report the Injury Immediately
Florida law requires you to report a workplace injury to your employer within 30 days. Failing to report within this window can result in a denial of your claim. Report the injury in writing, keep a copy, and note the date and who you notified. Do not assume your employer or supervisor will file the report for you.
Your Right to Medical Treatment
Once you report an injury, your employer's insurance carrier has the right to direct your care, meaning they choose the authorized treating physician (ATP). You generally cannot choose your own doctor. If you are dissatisfied with the authorized doctor's care, you have the right to request a one-time change to a different doctor within the network. In cases of emergency, you can seek immediate care anywhere.
What Benefits Are Available
Florida workers' compensation provides: medical benefits (all reasonable and necessary treatment for the work injury), temporary disability benefits (approximately 66% of your average weekly wage while you are unable to work), permanent impairment benefits (if your injury results in a lasting physical impairment), and vocational rehabilitation if you cannot return to your prior occupation.
When Workers' Comp Is Not Enough
In some cases, a third party, not your employer, is responsible for your injury. If a subcontractor, equipment manufacturer, or negligent driver caused or contributed to your injury, you may have a personal injury claim in addition to your workers' comp claim. These third-party claims are not subject to the limitations of the workers' comp system and can include full compensation for pain and suffering.
If you have been injured at work in Florida, the Law Firm of Charles Vega can help you understand your rights and fight for the full benefits you are entitled to. Call (800) 975-0529 for a free consultation.
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