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Workers’ compensation is a lifeline for Florida employees injured on the job. Almost all employers are required to participate in this insurance system or qualify for self-insurance. However, collecting benefits is not automatic and there are deadlines and proof you must submit before the checks are cut.
Accepting workers’ compensation benefits stops you from suing your employer for negligence, but you do not have to wait months for a jury verdict, and even if you made a mistake and contributed to your injury, the system generally does not assign blame and you can still collect. If you are injured at work, talk to skilled workers comp attorney Kevin A. Moore to learn more about workers’ compensation benefits in Florida, and what you may be eligible to receive.
As soon as possible after a workplace accident, notify your employer. You have 30 days to do so in Florida. Make sure you also get emergency medical care if you need it first. Your employer then contacts the workers’ compensation insurance carrier, but if they do not, a workers’ compensation attorney can help you file a claim promptly. Your doctor or one authorized by your employer must sign off on your at least seven-day absence from work and agree that your injury is work-related.
If a job injury worsens a pre-existing condition, the doctor must certify that the new injury caused more than 50 percent of the combined injury for you to still qualify for benefits under Florida Statutes § 440.09(1)(b). Our experienced workers’ compensation attorney Kevin A. Moore can assist with benefits in Tampa, Florida.
If you are a Florida first responder, the workers’ compensation system offers a slight reprieve from having to prove later in your career that a pre-existing condition is workplace-related. If you passed your pre-employment physical and later develop heart disease, tuberculosis, or high blood pressure, under the state’s Heart and Lung Bill, codified in the Fl. Stat. Sec. 112.18, you will not have to prove the condition is related to your job, it will be presumed unless your employer ardently disputes it.
Worker’s compensation benefits in Tampa apply to any sudden injury or illness or condition that builds over time because of job-related exposure. Employees are entitled to medical and rehabilitation care that also includes prescription drugs, lab work, occupational and physical therapy, and reimbursement for travel to and from medical appointments.
If you are away from work for at least seven days, temporary disability checks start arriving approximately 21 days after your last day at work. Checks are generally two-thirds of your current average weekly salary, although it can be more for first responders. The checks stop once your doctor clears you to return to work, but if that does not happen, other benefits are available.
If your doctor determines that you will not heal to 100 percent, you may qualify for permanent disability. If you cannot perform light duty for your employer, if it is available, your disability payments will continue until you reach 75 years old if you amassed enough quarters working to collect Social Security, but if you have not, disability will continue for your lifetime. In Florida, some disabled workers may be eligible for retraining if they can no longer work in their former profession.
Additionally, if an employee dies because of a work-related injury, family members are generally entitled to death benefits in the workers’ compensation system.
If you are injured on the job your employer must cover your medical bills and partial wages while you are out on temporary disability. Other benefits may apply, depending on your doctor’s assessment. But the benefits are not automatic. You must file a claim and may have to defend it.
That is when a workers’ compensation attorney should represent you to ensure filings are timely and evidence is complete. At the Law Firm of Kevin A. Moore, we work with claims administrators, insurance companies, and your medical provider to ensure your claim is handled promptly with all issues addressed. Allowing our team to help you means you can expect your Florida workers’ compensation benefits just when you need them. Call today to learn more.
