- Workers' Compensation
A lot of people think that if they get injured at work, they’re automatically entitled to workers compensation benefits. However, in order to receive these benefits, you must meet certain criteria. When you submit your claim for workers compensation in Florida, your employer is going to review the information and make a decision as to whether they want to pay your claim.
If they feel for some reason that you haven’t met the basic requirements, they’ll recommend to their insurance carrier that the claim be denied. If you’re notified that your claim is denied for any reason, you should call a workers compensation attorney in Orlando.
Your attorney will review your claim and find out why it was denied. If they feel it was denied in error, they’ll help you file an appeal before the Office of the Judges of Compensation Claims. If your appeal is successful, you’ll start to receive benefits in a couple of weeks. If, however, your claim is still denied, you’ll have no choice but to file suit.
If you have recently been injured in a workplace accident, then you should call and speak with one of our Orlando personal injury lawyers. Our attorneys will help you file your initial claim for workers compensation in Florida and make sure that your benefits are paid. Worst case, they’ll help you move forward with legal action against your employer and the insurance carrier.
What Does Workers Compensation in Florida Usually Entitle You To?
If your workers comp claim is approved, you’ll be entitled to certain benefits. In Florida, there are three main types of benefits that you receive:
- Medical coverage for any injuries you sustained in your workplace accident
- Replacement wages until you’re ready to return to work
- Occupational rehabilitation or career training if you’re unable to return to the same position you held prior to your accident
As far as replacement wages go, you’ll be entitled to weekly benefits equal to 2/3 of your average weekly wages. This means that if you normally earn $1,000 per week, you’ll receive $666 per week on workers comp. These benefits will continue for a period of 104 weeks, or until you return to your job. If you’re still unable to work after the 104 weeks are up, your Orlando personal injury lawyer will demand permanent compensation for any disability you’ve suffered.
One thing you need to keep in mind is that the most you can receive per week on workers compensation in Florida is $917. This means that if you make close to $1,500 per week normally, you’ll lose money while on workers compensation in Florida.
Since your benefits are not taxed, receiving 2/3 of your average weekly wages is almost like receiving your full salary. This is why a lot of higher paid employees try to get back to work as soon as possible because they can’t afford to receive just $917 per week.
As Long as You File Your Claim on Time, You Should Be Fine
In the state of Florida, you only have 30 days to file your initial workers compensation claim. If you miss this filing deadline, your claim for workers compensation in Florida will be denied, and you’ll have no opportunity for recourse. This is why we tell our clients to file for workers compensation in Florida as soon as possible after their injury. If your claim is denied for improper filing, your workers compensation attorney team can file an appeal on your behalf. However, the odds of your claim being approved are not great.
As far as the workers compensation commission is concerned, 30 days is plenty of time to file your claim. Of course, if your claim for workers compensation in Florida was denied for any other reason, your attorney will certainly file an appeal on your behalf.
Your Orlando Attorney Knows the Requirements for Workers Compensation in Florida
In order to have your initial claim for workers compensation in Florida approved, you have to meet certain basic criteria. Regardless of where you live, these criteria are the same.
First of all, you must report your claim within that 30-day period. Secondly, your injuries and accident must have taken place on company time. If you work on-site, then your accident must take place on company property. If you are found to have been under the influence of drugs or alcohol at the time of your accident, your claim for workers compensation in Florida will definitely be denied.
A few of the other reasons why your claim for workers compensation in Florida could be denied include the following:
- You refused to submit to the drug test as required by company policy
- You refused to be treated by state-approved workers compensation doctor
- You refused to comply with your doctor’s course of treatment
- Your employer finds out that you have a second job that you’re working while out on worker’s comp
- The insurance carrier finds out that you had a pre-existing medical condition that leads to your injury
- They discover the injury was not work related at all
Aside from the claim that you were under the influence of drugs and alcohol, your workers compensation attorney in Orlando should be able to file a successful appeal.
What Happens if You Don’t Meet These Criteria?
If your claim for workers compensation in Florida is still denied, then you’ll have no choice but to take legal action. Your Orlando personal injury lawyer can file a personal injury lawsuit against your employer. If you’re successful, you will be able to demand back pay for any of the time you missed from work. Your employer will also be responsible for any medical bills incurred as a result of your workplace accident. Finally, if you were terminated as a result of your claim, you can ask that you be restored to the position you held prior to your injuries.
In many cases, our clients have sustained permanent injuries and are pursuing their employer for a lump sum settlement. For example, imagine that you hurt your back at work and can no longer work full time. You’re only able to work 20 hours a week per your doctor. You can demand that your employer pay you the difference between what you would have earned full-time, and what you will now earn working part-time.
Call and Speak With an Experienced Orlando Personal Injury Lawyer Today
If you have recently been injured on the job and need help obtaining workers compensation in Florida, then you need to call and speak with one of our Orlando personal injury lawyers today. You can schedule your free, initial consultation right over the phone. Knowing that your employer will have a team of lawyers working for them, you should have someone in your corner too.
