What To Know About Workers’ Compensation In Florida

When most people think of Florida, they picture it as a relaxing vacation spot that the whole family can enjoy. However, there are plenty of workers doing what they can to make our beautiful state an amazing place to be for tourists and residents alike. Unfortunately, accidents can happen on job. Thankfully, workers’ compensation is there to help you get the compensation you need when mistakes occur.

What are workers’ compensation benefits?

In Florida, most employers are responsible for providing workers’ compensation for their employees. Essentially, workers’ compensation works as a type of wage replacement. How much compensation you are entitled to receive will depend on how much your ability to work is impacted by your workplace injury. For Floridian employees, you are not required to prove that your employer was at fault—only that your injury occurred while you had been working.

The majority of accidental injuries and occupational diseases that happen over the course and scope of employment are covered. However, workers’ compensation may not cover any mental harm unless they occurred as a result of a physical injury.

Will the benefits you receive equal your wages?

No matter what amount you make, if your wages are more than $20 per week, your disability compensation will be limited to 100 percent of the statewide average weekly wage. Since January 1, 2016, $863 is the maximum weekly compensation you can expect. However, the amount received might be further limited by other factors.

What type of benefits are available?

In addition to medical care coverage, there are three kinds of benefits available: temporary total disability (TTD), temporary partial disability (TPD), and impairment benefits. In the majority of cases, TTD benefits are equal to 66 percent of your regular wages. If you are able to return to work, but cannot earn the wages you were earning before the injury, TPD benefits can provide you with 80 percent of the difference between 80 percent of your wages prior to the injury and what you currently earn. Lastly, the impairment benefits pay you for any permanent disability you may have received as a result of your injury.

How much time do you have to report your injuries?

While there are a few exceptions, typically you are required to report your work related injury within 30 days of the initial manifestation of the injury. You can also file a petition for benefits within 2 years of your injury, but there are some exceptions to this.

When do benefits begin and for how long?

In Florida, when your benefits start will depend on how long your disability will last. If your disability lasts for 21 days or less, your benefits will not begin until day 8 of your disability. If your disability lasts more than 21 days however, you can expect to receive your benefits dating back to day 1 of your disability.

Whether you are provided with TTD or TPD benefits, you will only receive up to 104 weeks of benefits. However, if you are receiving 80 percent of your regular wages due to a critical injury, your time limit will shorten to 6 months.
Are there any restrictions you should know about?

In Florida, your workers’ compensation insurance company is required to authorize the doctor who is treating you. Unlike with other states, Florida compensation laws will not require your employer to keep your job available to you for when you are healthy enough to return.

What can you do if your benefits are denied?

If you are being denied the workers’ compensation benefits you deserve and live in the Sarasota or Charlotte County, don’t hesitate to contact us at All Injuries Law.

Injuries happen, but you shouldn’t be left suffering will the bill. That’s why our lawyers are dedicated to helping you receive the workers’ compensation benefits you are entitled to. Contact us today for a free consultation and learn more about what we can do for you!