In any workplace, it is possible to suffer painful injuries, whether on a construction site or at an office. If you suffer an injury while performing your job duties in Florida, you can file a workers’ compensation claim. Your employer has this coverage in place, which is granted to you from the first day of your employment. 

However, between your injuries and the confusion involving the Florida workers’ comp process, you may not know what you need to do. Injury LawStars is a law firm committed to helping you protect your legal rights after your workplace injuries. In this blog post, we explain workers’ comp benefits and the process, as well as what to do if you encounter challenges along the way. 

What Is Workers’ Compensation?

Workers’ compensation is insurance coverage provided by employers to all full-time and part-time employees. Unlike healthcare insurance that you can elect to purchase through your employer’s program as part of your benefits package, workers’ comp is offered to all employees from their first day on the job.

If you suffer an injury or illness caused by performing your job duties, you can file a worker’s compensation claim to receive benefits that cover your medical bills and lost wages. Most businesses need to provide workers’ comp coverage to their employees. Florida mandates this coverage for any company in the construction industry that has more than one employee. For non-construction companies, any business with more than 4 employees that are either full or part-time must have this coverage. In the agricultural industry, there must be more than 6 regular workers or 12 seasonal workers employed. 

Only a few types of companies are exempt, but for the vast majority, this coverage is required by law and must be available in the event of a work injury. You may have noticed signage in your workplace posted with information about your employer’s workers’ comp program.

Since this program covers the medical expenses associated with the injury, it helps prevent lawsuits. However, there are times when an injured worker will need a Florida workers’ compensation lawyer to represent their best interests.

Workers’ Comp Benefits in Florida

Workers’ comp benefits in Florida provide you with complete coverage for all required medical expenses to treat your workplace injury. You are required to visit one of the approved medical providers on your employer’s list. Exceptions are made for life-threatening injuries, which can be treated at the nearest hospital. 

Florida workers’ comp generally covers any treatment, therapy, or medication. Your employer’s insurer will also pay two-thirds of your average weekly wage. However, under Florida law, you will not get paid for your wages for the first week of disability. If this disability extends over 21 days, you will receive the first week of two-thirds of your wages from the insurer. 

Additional benefits may be available depending on your level of disability after the injury. It is essential to review what is and isn’t covered to know what to expect.

The Process of Filing for Workers’ Comp in Florida

The Florida workers’ compensation process begins with taking the proper steps to protect your legal rights under the law. While it may be hard to think about at the time, taking photos or videos and noting who witnessed your workplace injury can help if there are issues with your claim. 

If your workplace accident was an emergency, getting medical care immediately should be your primary concern. You must report all other injuries to your employer as soon as possible. You have up to 30 days to report it, though it is best to do it quickly to prevent denial of your benefits.

Your employer is responsible for filing this injury report with their insurer. If they fail to do this, you can take the initiative yourself and contact the insurer. You will need a “First Report of Injury or Illness” form, and your employer should submit this to the insurer within one week of your injuries. 

When employers fail to follow the proper steps, they could be held liable for workplace injuries. 

What kinds of injuries are covered by workers’ compensation benefits in Florida?

There are a number of injuries that are covered by workers’ comp benefits in Florida. Even if you were partly or wholly at fault for getting hurt at work, with the exception of intentionally injuring yourself, you will be covered.

All types of injuries that range from falls and head injuries to sprains and broken bones, occupational illnesses that develop through your work conditions, amputations, and death that results from any injury or illness are eligible for benefits.

Some more examples of injuries that your workers’ comp may cover include:

• Carpal tunnel syndrome and other repetitive stress injuries
• Chemical exposure
• Hearing loss
• Neck and shoulder injuries

Common Challenges That Arise When Filing for Workers’ Comp in Florida

Understanding your workers’ comp benefits in Florida is essential to long before any injuries ever arise. However, if you have just sustained a work injury, you must follow the proper steps to prevent issues with your coverage.

Reporting delays are the most common problem faced either due to a lack of knowledge about the deadlines and requirements or out of fear of retaliation from the employer. You need to file your injury claim within 30 days, or else it will be denied. This point cannot possibly be stressed enough, though other challenges can occur when filing for workers’ comp in Florida.

Insufficient Medical Evidence

When injured employees make a workers’ comp claim, the insurance company will take a deep look at the medical records. They are looking for any inconsistencies that they can use to minimize the benefits offered or deny the claim. Your employer may even allege that you aren’t as seriously injured as you say. If these issues arise, you should not wait to speak to a personal injury lawyer in Clermont to learn more about your legal options. 

Employer Doesn’t Have Workers’ Comp

As mentioned, most employers in the state of Florida, with very few exceptions, will be required to provide workers’ compensation coverage to all full or part-time employees. If you reported your workplace accident to your employer within 30 days and they either do not have the insurance mandated by law or do not file the report, you may be able to take legal action. 

Claim Denials

Insurance companies don’t make money paying out on claims, which is why they will find ways to deny those claims in a variety of ways. They could deny your benefits for a minor technicality, such as an error on the report form, or have issues with the cause of your injury. Claim denials are incredibly frustrating when the medical costs are enormous, you’re unable to work due to these injuries, and you have other bills that need to be paid. 

Pre-Existing Conditions

Another common problem for workers, especially those with physically taxing jobs, is that pre-existing conditions give insurers ammunition to minimize their payouts. Your employer’s workers’ comp insurer may argue that your injury is related to your pre-existing condition and refuse to pay. 

Retaliation Concerns

Some work environments make employees fearful of job loss or other forms of retaliation when pursuing a workers’ compensation claim. Your employer may try to discourage you from filing a claim, demote you, or make your days at work a miserable experience. You should know that any of these actions are illegal, and if you are experiencing them, you should speak to a workers’ comp attorney immediately. 

When Do You Need a Workers’ Compensation Attorney in Florida?

Workers’ compensation is supposed to cover you for injuries or illnesses incurred while performing your job duties. While many employees are able to make their claims and receive their benefits without incident, some run into concerning issues.

Even though this coverage is meant to minimize the need to file a lawsuit, you may be able to take legal action in certain circumstances. Your employer may delay or deny your claim. You may have serious injuries that result in permanent disability, or your employer’s doctor could order you back to work before you have fully recovered. Other issues may happen through an inadequate settlement amount or if a third party was involved in your accident.

With the help of a workers’ compensation attorney, you will have an advocate who understands the legal requirements of Florida’s laws regarding workers’ comp. At Injury LawStars, we can help protect your legal rights and prevent you from making mistakes that could cause denial of your injury claim. We can also help identify any third parties who could be held liable for your injuries. 

In short, the Florida workers’ compensation process can be complicated, especially when there are problems in receiving the benefits to which you are entitled. It is always wise to discuss your situation with an attorney who can shed more light on the factors of your specific case and help you get the justice you deserve. 

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