Workers Compensation Attorney

How Does Florida Workers’ Compensation Insurance Work?

Workers Compensation is a “no-fault” form of insurance. That means that regardless of who is the cause of your on the job injury, you are covered and qualified to receive workers’ comp benefits.

The chief requirement for workers’ compensation coverage is that you be “in the course and scope” of your employment at the time of your injury. A construction worker that is injured while laying concrete or using a crane at a construction site would be covered for a workplace accident, even if they were injured as a result of their own negligence.

What Does Workers’ Compensation Cover?

While injured workers are entitled to many benefits, they do not receive a recovery for pain and suffering.

Instead, workers’ compensation insurance coverage provides for two different types of benefits. Those are medical benefits (such as treatment and therapy) and indemnity (payment for time you missed from work).

Therefore, workers’ compensation insurance covers your treatment for injuries suffered in the course and scope of your employment and it will provide you with compensation for your lost wages should your injury leave you unable to work.

I Was Hurt at Work in Tampa, Florida. Now What Do I Do?

When you are injured on the job, the first thing you should do is report your injury to your supervisor or boss. Notice of your injury is imperative to trigger coverage for your injuries. Next, you’ll either require emergency care or go to an urgent care center or walk-in clinic of your employer’s choosing.

After your first visit to the selected care clinic, you will begin treatment for your injuries with doctors selected by the workers’ compensation insurer. You will not have the option to select your doctor. Instead, you will need to follow the recommendation of your authorized treating physician. There will be no out of pocket medical expenses for this treatment.

While treating, if you are able to work in your previous position, you will be expected to do so. However, often workers are unable to perform their previous job duties due to physical restrictions. Thus, your employer will work with you to find a light duty substitute for your job. You must attempt to perform this light duty work or you risk losing some of your benefits.

If there is no light duty position available from your job, or you simply cannot work due to your injury, you will be able to receive either Temporary Total Disability or Temporary Partial Disability benefits. These benefits will pay you as if you were still working while you are attempting to recover.

Some employers are exempt from providing such workers’ compensation coverage. It is important that you know whether your employer has workers’ compensation insurance.

Remember, your workers compensation claim is subject to a statute of limitations in Florida. You have two years from the time of your injury to file for your workers’ compensation benefits.

Why Do I Need a Workers’ Compensation Attorney for my Work Compensation Claim?

Insurance companies exist to earn a profit. If they always did what they were supposed to do, personal injury attorneys would not exist.

Insurance companies in workers’ compensation matters will often attempt to short-change injured workers on their available workers’ compensation benefits. They will also send injured workers to doctors that they know are likely to quickly return the claimant to work before they are medically ready. Most of the people filing for work compensation do not even know all of the benefits available to them, much less how to calculate the proper amounts owed.

That is where a qualified Florida workers’ compensation attorney is an invaluable asset. The attorney will know the proper manner in which to file a Petition For Benefits, and the proper benefits owed, should the insurer fail to pay. A qualified Florida workers’ compensation attorney will also know how to best navigate the tricky system put in place to help employers (and hinder employees) minimize their costs and return workers before they are ready.

Another important thing to note is, even if you are injured while at work, you may have a claim against another party (that is not your employer) for your injuries. In these situations, you can still receive all of the benefits available to you through workers’ compensation insurance, while also making a claim against this third party for things not covered by workers’ compensation coverage (such as pain and suffering).

Finally, in the case where your claim is ready to be settled, a qualified workers’ compensation attorney will help you settle your case for a fair amount while also protecting your rights as the employee.