No matter what type of injury you have suffered at work, you may be wondering if you will be compensated for your injury. At Work Injury Rights, our Tampa workers’ comp attorneys are well versed in what are compensable work injuries in Tampa.
According to the National Safety Council, about 13,000 workers in the U.S sustain a work-related injury per day. This equates to over 7 million injuries per year and about 99 million days of productivity lost on a yearly basis. These statistics show how alarmingly common workplace accidents are and this is one of the reasons why workers’ compensation insurance is mandatory for most companies.
Workplace accidents not only lead to severe injuries but can also be fatal, contributing to several thousand deaths per year. People injured while on the clock usually accrue hefty treatment bills and may be forced to stay out of work for extended periods, resulting in lost wages. Luckily, workers’ compensation exists, a form of coverage designed to cover the monetary needs or losses of injured workers.
The downside is that workers’ comp laws in the state of Florida are complex, and the average person may have a hard time comprehending them. Being injured does not automatically qualify you for the aforementioned benefits, and it’s, therefore, important to understand if your injury is covered under this policy. As such, the best solution is to hire an experienced workers’ compensation lawyer.
Our team at Work Injury Rights is committed to helping injured employees understand the claims process and help them seek the benefits they deserve. To protect your rights and future, reach out by calling 954-833-5226 today!
What Are Compensable Work Injuries in Tampa?
Simply sustaining an injury does not make you eligible for workers’ comp benefits. For the injury to be covered, there are several boxes that must be checked. Under Florida’s Workers’ Comp Act, an injury is considered compensable if it happens by an accident that arises out of and in the scope of employment. This basically implies that:
- An accident must have happened
- There’s a causal link between the injury and the conditions within which you were working
- The injury occurred during your employment as you were doing work-related tasks.
This also implies that an injury that occurred at work but during a break is not considered compensable. In addition, for an injury to be compensable, it has to have disabled you in one way or the other. In this context, disability means the inability to earn wages due to the injury sustained while at work.
These occur during construction projects. They include falls, being struck by objects, electrocution, getting caught in-between, etc. They usually lead to severe injuries, and in some cases, death.
Slip and Falls
Slips and falls can happen in any workplace. They are often due to wet or slippery floors, poor lighting, unstable walking places, scattered debris, etc.
Fractures to the bones can occur due to a slip and fall or being injured by heavy machinery or equipment. They are also quite common.
Back and Neck Injuries
Many of the injuries sustained in the workplace are related to the neck, back, and spine. Whether it’s due to heavy lifting or poor posture, these injuries are quite common and can lead to long-term issues.
Work environments where heavy machinery and equipment are used tend to be prone to accidents that see employees lose their limbs.
Conditions such as heart disease, stroke, hearing loss, etc., are considered compensable, given you can provide medical evidence proving the causal link between the illness and the conditions you work in.
What Types of Compensation Can You Recover From a Florida Workers’ Comp Claim?
According to Florida’s Workers’ Comp Act, employees injured while at work can recover the following types of benefits:
Temporary Disability Benefits (TDB)
These come in two categories- Temporary Partial Benefits and Temporary Total Disability Benefits. The latter are eligible for employees who can resume work due to the injuries sustained in the accident. During the period they are out of work, they should get an amount that totals 2/3 of their average wages.
Temporary partial benefits are eligible to workers who are able to resume work but with limitations. If you are not able to make 80% of the wages you normally do, then you are eligible for these benefits.
Under the Workers’ Comp Act, a person injured while on the clock qualifies for free medical treatment covered by their employer or their insurance carrier.
In some situations, a worker’s injury or condition isn’t expected to improve, and thus, they are deemed to have reached Maximum Medical Improvement or MMI. If you are given this ranking by an approved medical provider, then you’ll have to work under permanent restriction and be eligible for impairment benefits.
Permanent Total Disability Benefits (PTDB)
If you have reached MMI, but the injuries are too severe for you to get back to your role, then you are awarded these benefits.
If an accident at the workplace leads to the death of a worker, their loved ones may be eligible for compensation for the monetary losses resulting from the incident.
How Long Do I Have to File for Compensable Work Injuries in Tampa?
According to the Workers’ Compensation Act, the statute of limitations for work-related injuries claims is two years from the date of the incident and one year from the last medical treatment. After this period, the statute of limitation expires, and you can’t legally file for benefits. Also, note that you have 30 days to notify your employer about the injury.
This is why it is important to have a lawyer by your side so that they can advise you about the deadlines and how to go about the process.
Seek the Expertise of Our Legal Team To Help With Your Compensable Work Injuries in Tampa
If you or a loved one has been injured while at work or developed an occupational illness, you may be eligible for workers’ compensation benefits. The team at Work Injury Rights will be able to help assess your case, determine whether you have compensable work injuries in Tampa, and suggest the best course of action. Call us today at 954-833-5226 for a free initial consultation.