Not every injury that occurs at the workplace is covered by workers compensation insurance. The St. Petersburg, Florida workers compensation lawyers can help you determine whether you have a claim for compensable work injuries based on Florida law.
Workers compensation is meant to cover medical, disability, and rehabilitation expenses for any employees who are injured on the job. It also provides death benefits to the dependents of an employee in case the individual dies in a job-related accident.
However, workers compensation law also protects employers. It helps to protect businesses from liabilities for any workplace injuries that employees suffer, allowing them to avoid having to pay directly for these injuries.
If you or a loved one suffered an injury at your/their job, it’s in your best interest to get in touch with our St. Petersburg Workers Comp attorneys to help you explore your legal options. We have the skills, knowledge, and resources to build you a strong case and deliver favorable outcomes.
What Are Compensable Work Injuries?
Simply sustaining an injury in the workplace doesn’t necessarily make you eligible for benefits under Workers comp. For the injury to be covered, you have to meet certain criteria. According to Florida’s Workers Comp Act, an injury is compensable only if it happens by accident, and arises in the scope of employment.
The following are the three main conditions that have to be met for a workplace injury to be considered “compensable.”
- The injury must have happened to an actual employee, not an independent contractor, a customer, a supplier, or any other third party.
- The injury must have resulted from an illness or workplace injury that occurred during operation hours and in the scope of employment.
- The injury must have resulted in some form of compensable harm to the affected employee, such as lost wages from time spent away from the job and medical expenses from the resulting injuries.
It’s often difficult for the typical employee to tell with any degree of certainty whether a given injury will be considered compensable by the employer. Still, this is something important to keep in mind considering the possibility that your employer and their insurance provider might try to minimize the severity of your injury and losses.
Common Compensable Work Injuries in St. Petersburg
The following are common work injuries covered by Florida workers’ compensation.
- Construction accidents: these usually happen during construction projects. They include being struck by hard objects, falls, electrocution, fires, and more. They often lead to severe injuries and even death.
- Slips and falls: These can happen in any kind of job. Slip and fall accidents are often caused by poor lighting, slippery floors, scattered debris, and unstable walking spaces.
- Occupational illnesses: Conditions like hearing loss, loss of sight, sunstroke, asbestos-related malignancy, and heart disease are considered compensable if you can provide medical evidence demonstrating the causal link between your working conditions and the illness.
- Cumulative trauma or repetitive stress injuries, including tendonitis, bursitis, arthritis, and carpal tunnel syndrome.
- Mental stress injuries, such as emotional distress and anxiety.
To know for sure if you have a claim for compensable work injuries in St. Petersburg, talk to a Workers comp lawyer at WorkInjuryRights today.
What Types of Compensation Can You Claim?
According to Florida Workers Comp Act, employees injured while doing their job can recover the following kinds of benefits:
Temporary Disability Benefits
These are usually available in two categories: Temporary Total Disability Benefits (TTDB) and Temporary Partial Benefits (TPB). TTDBs are available for workers who are unable to resume work as a result of injuries sustained in the accident. For the amount of time they are out of work, the victims can get an amount totaling ⅔ of their average wages.
TPBs are available for employees who can return to their job but with certain limitations. For instance, if you cannot make 80% of the wages you used to before the incident, you are eligible for TPB benefits.
Florida’s Workers Comp Act stipulated that a person who is injured while on the clock qualifies for free medical treatment that’s provided by their employer or their insurance provider.
In some cases, the injuries or illnesses are not expected to improve. Therefore, they are considered to have reached MMI (Maximum Medical Improvement). If you are awarded this ranking by an approved medical provider, you might have to work under permanent restriction, making you eligible for impairment benefits.
Permanent Total Disability Benefits (PTDB)
In case you have reached MMI, but your injuries are too far gone such that you can’t really get back to your role, then you may be eligible for Permanent Total Disability Benefits.
In case an accident on the job causes an employee to lose their life, the deceased’s beneficiaries may be eligible for compensation through workers’ comp.
How Long Do You Have to File for Workers’ Compensation in Florida?
The state’s Workers Comp Act outlines the statute of limitations for job-related injury claims as two years from the date of the incident, or one year from the last medical treatment. Once this period has elapsed, the statute of limitations expires, and you are no longer legally eligible to file for the benefits.
It’s worth noting that you are only allowed 30 days to notify your employer about the injury. This is why it’s important to involve a lawyer as soon as possible after the incident so that they can advise you about any deadlines and how to proceed.
Talk to a St. Petersburg, FL Workers Compensation Lawyer
Getting injured on the job can be a stressful and overwhelming experience. And when you add the process of seeking employee comp benefits to the mix, the situation can easily become a lot more complex. Fortunately, engaging with an experienced Workers comp lawyer can help make the process a lot easier, so that you can focus on making a full recovery.
At Work Injury Rights, we take pride in helping our clients seek justice and get the best possible outcome in their unique cases. When you contact us, we will review the details of your case and determine the best course of action for you.
Call 954-833-5226 today to talk to a lawyer about St. Petersburg, Florida Workers Compensation Compensable Injuries. The call is free, with no obligations, and all conversations are strictly confidential.