As a Florida employee, you can take comfort in the insurance protection most employers are required to carry in case of work-related injuries. However, getting those benefits is not automatic, and the specific steps necessary to apply for them can sometimes be complicated.
The workers’ comp process can be stressful because you are already injured, in pain, and worrying about providing for yourself or your family if you do not know how long you may be out of work. A seasoned personal injury attorney could help alleviate some of your concerns. Contact an Inverness workers’ compensation lawyer for help understanding your rights and responsibilities, taking the appropriate steps towards filing a claim, and defending one if it is rejected.
What is Workers’ Compensation?
Workers’ compensation is a mandatory insurance program that pays employees after workplace accidents, replacing lost income and covering medical services. Employers benefit because, for the most part, injured employees cannot sue them, except in cases where the employer fails to provide this coverage, intimidates, or terminates an employee for filing a claim. The system does not allocate blame other than if an employee is intoxicated by drugs or alcohol and causes their own accident.
Common Workplace Injuries
Workplaces often train employees to follow Occupational Safety and Health Administration (OSHA) safety standards, but accidents still happen. A worker handling everyday items, such as using a box cutter to unpackage components, can result in serious harm. The most common injuries listed on claims for Florida workers’ compensation are:
- Sprains and strained muscles, tendons, or joints
- Cuts and lacerations
- Severe bruising, including internal bruising and organ damage
- Broken bones or fractures
- Traumatic brain injuries from falling from heights
- Burns
Injuries can build over time and are still covered by workers’ compensation insurance. For example, the secretary who types all day may develop carpal tunnel syndrome, the gardener may develop lung issues from breathing insecticides, and the police officer may develop stress-related heart disease.
These injuries can range from modest to catastrophic. Some individuals can return to work almost immediately, but others may suffer from a permanent disability. A workers’ compensation attorney’s job is to ensure injured Inverness workers receive fair treatment and compensation that adequately reflects the extent of their needs.
Benefits Afforded by Workers’ Compensation
Injured employees receive medical treatment for their condition. An employer may provide a list of physicians from which the worker can choose. However, in Florida, workers are entitled to rely on their family doctors if they are not satisfied with the one chosen for them.
Workers could be awarded temporary disability benefits for up to 104 weeks if they will eventually return to work. Impairment benefits apply if a worker’s sight, hearing, or cognitive function will impair their ability to perform their job.
Permanent total disability benefits are awarded to employees deemed unable to work in the future because of workplace injury. If the employee dies from an injury, death benefits are awarded to the family to compensate for lost income and emotional loss.
Although workers are entitled to these benefits, denials are all too common. Employees whose claims are denied should immediately contact an Inverness workers’ compensation attorney.
Applying for Benefits in Inverness
While most employees are eligible for workers’ compensation benefits, failing to follow the steps or making a minor error can cause long delays or denials. They must also ensure they follow the doctor’s instructions and keep their employer updated as required by the statute. The first and most crucial step is reporting injuries to the employer. A lawyer in Inverness could help a person avoid errors in their workers’ compensation claim.
Reporting the Workplace Accident
The law requires an employee to report their injuries to their employer within 30 days of the accident on the job. The notification must include details about how and when the injuries occurred and the symptoms they are experiencing. When injured workers fail to report the injuries within the required time, they risk losing eligibility to collect benefits, even when they qualify.
The Company’s Deadline for Reporting
The business must report an injury claim filed by an employee to the insurance provider within seven days of receiving the notice. If the company fails to report the accident as necessary, the employee can also report the injuries directly to the insurance provider. After accepting the report, the insurance provider may carry out an investigation, including:
- Thoroughly reviewing their prior medical records
- Collecting information about work history and wages
- Requiring the injured party to undergo a physical with a healthcare provider
- Requesting a functional capacity evaluation so the division may assess the person’s ability to handle their work duties after suffering the injury on the job
State workers’ compensation laws, found at Florida Statute § 440.20, require the insurance provider to approve and begin paying benefits promptly or send notice of denial of benefits and provide the reasons. When the individual receives a denial, they have the right to file an appeal. The insurer must pay benefits directly to those filing for benefits in compliance with state laws.
How to Appeal a Denial of Benefits
When injured workers receive a denial of workers’ compensation benefits from the insurance provider, they have the right to appeal the decision. Appealing requires filing a Petition for Benefits within two years of suffering the injuries or one year since they began experiencing loss of pay because of the accident, whichever date is later. A seasoned Inverness workers’ comp lawyer could handle the appeal on their behalf to help them avoid further delays and reach a favorable outcome.
Collecting Payments During the Disability
In most cases, the injured party filing for payments will receive bi-weekly checks that are approximately 67 percent of their regular pay. They will calculate wages using payment history for the 13 weeks before the workplace accident.
Sometimes, the employee may not have received their regular salary during that period. When someone worked less than 75 percent of the time in that period, the Florida Workers’ Compensation Division would calculate the payments using another employee’s wages working in the same field. Payments may increase when people must remain out of work for extended periods. An attorney could answer specific questions after reviewing the case specifics during the consultation.
Contact an Inverness Workers’ Compensation Attorney Today
If you are lawfully employed in Florida by a company with at least four workers, you are entitled to compensation if you are injured in a workplace accident or develop a condition over time attributed to your job. Our team can help you get the benefits you deserve. Contact an Inverness workers’ compensation lawyer to begin your claim today.
