Workers’ compensation in Florida can be complicated and hard to understand. These laws have changed many times over the years. These laws were put in place to protect workers injured at the job site without taking into consideration who is at fault for the accident.
Workers’ compensation is an agreement between an employer and an employee where an employee receives medical and financial assistance for a workplace injury. The worker and employer both gain from this agreement, because these benefits are usually provided without the determination of fault or negligence.
Any company with more than 3 employees is required by law to have workers’ compensation coverage. Workers’ compensation benefits include partial wage replacement if the injured worker is unable to work or has work restrictions as well as any required medical treatment. In such cases, injured employees who are not able to work are entitled to 2/3 of their gross earnings. Florida law allows an injured employee to receive compensation for lost wages for a period of up to 2 years.
Common Workplace Injuries
Our workers’ compensation attorneys have handled claims involving injuries such as:
- Fractured limbs
- Torn ligaments
- Torn rotator cuffs
- Herniated disks
- Brain injuries
- Carpal tunnel
- Hearing loss
- Sickness from exposure to toxins
- Electric shock
- Black Lung (including benefits under the Black Lung Benefits Act)
- Cold and heat stress
- Injuries from falling objects
- Various injuries to the shoulder, back, spinal cord, eyes, knees, neck, hip, respiratory organs, ankles, wrists, feet and hands
Benefits from injuries may include:
- Payment for doctor visits
- Surgical Procedures
- Attendant Care
- Mileage Reimbursement
- Physical Therapy
- Medical Tests
- Wage Replacement
- Permanent Impairment
- and others
Under workers’ compensation Florida law, injured workers are also entitled to a one-time change of physician if they are not happy with their current doctor; however, the insurance company gets to pick the new doctor.
The majority of workers’ compensation claims in Florida are resolved in mediation. It is during this process when the parties with the help of a mediator meet with the goal of resolving any pending disputes or settling the case in its entirety.
All settlements must be signed by each party involved and the Judge presiding over the case must approve the attorney’s fees regardless of whether these are paid by the insurance company or the client.
If you have been injured on the job and are not sure of your legal rights under the laws of workers’ compensation in Florida, consider talking to one of our attorneys.
The consultation is completely FREE. Our skilled attorneys can negotiate workers’ compensation in Miami and Florida. Get the help you need with your workers’ compensation claim. Contact Us today!