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Injured on the Job? The Basics of Florida’s Workers’ Compensation Law

Most Florida employers are required to have workers’ compensation insurance to cover the medical expenses of an employee who was injured while working. Workers’ compensation insurance guarantees that all medical treatment for work-related injuries will be paid for on behalf of the employer, following Florida law. Workers’ compensation insurance also can cover additional expenses and accommodations that may need to be addressed as an injured employee returns to work. Although workers’ compensation laws and insurance are designed to insulate workers from the consequences of an injury, many employers and employees do not have a full understanding of what is covered, and how to make a claim. The Florida Division of Workers’ Compensation website has a workers’ compensation section that addresses many of these questions.

Florida workers’ compensation insurance covers all of the medical bills that were incurred from an on-the-job injury. Additionally, employees are entitled to ⅔ of their usual wages if they are unable to work for over 7 days. To start the process of using workers’ compensation coverage for medical care, an injured employee should report the injury to their employer as soon as possible after the injury. Failure to report an injury within 30 days may result in the denial of an otherwise eligible claim. Within 7 days of receiving the report from their employee, your employer should notify their insurance company of the claim. If an employer is refusing to cooperate, the employee also may notify the insurance company themselves.

After a workers’ compensation claim has been opened, the injured worker should be able to receive all medical treatment that was ordered by the doctor. This includes any inpatient or outpatient care, physical therapy, prescriptions, and other ancillary care related to the injury. Compensation for lost work is also available, but may only cover anywhere from one to 104 weeks, depending on the facts of each case. Injured workers may also be eligible for other benefits through the federal government’s social security program, however, coverage limits do apply.

Unfortunately, employers and insurance companies do not always approve workers’ compensation claims, even when they are completely valid. If an employer or the insurance company is refusing to honor their workers’ compensation responsibilities, an injured worker may be able to pursue a claim against them in court. In some circumstances, the damage award from a company that previously refused eligible workers’ compensation coverage can be significantly larger than if the claim was approved for workers’ compensation coverage. If you feel like your employer or the insurance company is not acting in good faith to address your claim, you may be entitled to substantial compensation and additional damages if your case is successful.

Attorneys Skillfully Addressing Workplace Injuries on Behalf of Workers

If you or someone you know was hurt in a workplace injury, your employer should be cooperating to cover all medical treatment from the injury through workers’ compensation. If your employer is not cooperating, it may be necessary to pursue legal action against them. They experienced personal injury and workers’ compensation attorneys at Friedman, Rodman, Frank & Estrada understand how to get employers and insurance companies to honor their policies and offer our clients the care and compensation that they are entitled to. We accept clients in many Florida injury cases, including negligence and workers’ compensation claims. Call our office at 877-448-8585 or contact us online to schedule your free consultation.

 

 

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