Suffering an injury at work can be a frightening and stressful experience. You may be worried about paying your bills, getting the medical care you need, and how long it will take before you can return to work.
The good news is that under Florida law, you have certain rights and may be eligible for benefits if you are hurt while performing job duties.
Act Quickly to Report Your Work Injury
The first thing you should do if you get injured on the job is notify your employer right away. According to the Florida Division of Workers’ Compensation, you must report the injury within 30 days in order to preserve your right to benefits. The sooner you speak up, the better, as quick reporting helps facilitate prompt medical treatment and preservation of evidence.
After notifying your employer, make sure to get medical attention, even if the injuries seem minor at first. Having a doctor document your condition is key. Ask for copies of all medical records and bills related to the injury.
It is also a good idea to document details of how the accident occurred and any safety problems you noticed. Take photos of the scene if possible. Recording specifics in writing while the event is still fresh in your mind can help support your claim later on.
Benefits Available to Injured Employees
Florida’s workers’ compensation system provides several types of benefits to employees hurt while working. Some of the main forms of compensation include:
Medical Treatment
Your employer’s workers’ comp insurance should cover reasonable and necessary medical costs tied to your work injury. This includes expenses like doctor visits, hospital bills, physical therapy, medications, medical equipment, and more. There are no deductibles or copays for this job-related treatment.
Lost Wages
If the injury prevents you from working for a period of time, you may receive a portion of your lost wages. In Florida, this is generally calculated as two-thirds of your average weekly pay, up to a maximum set by state law. The payments help replace income until you can return to work.
Permanent Disability
If the injury causes a permanent impairment that affects your ability to work, you may receive additional benefits above the base medical and lost wage compensation. The payout depends on the severity of the disability.
Death Benefits
If a loved one died due to a workplace accident or illness, their family may be entitled to death benefits, including funeral costs and wage replacement.
An experienced workers’ comp attorney can help determine the full array of benefits you qualify for based on the details of your situation. Do not simply accept an insurance adjuster’s assessment, as their goal is minimizing payouts.
How Long Workers’ Compensation Benefits Last
The duration of workers’ compensation benefits depends on factors like the severity of the injury, recovery progress, and work capabilities. Some general guidelines:
Temporary Disability
If the injury causes a temporary inability to work, you will receive medical and lost wage benefits for the duration until you are physically able to return to your job. This compensation helps bridge the gap during recovery and rehabilitation.
Permanent Partial Disability
For permanent but partial impairments, benefits are limited based on the determined percentage of disability. The higher the impairment rating, the longer benefits may be paid out.
Permanent Total Disability
If the injury leaves you permanently and completely unable to work at any job, benefits are provided for life or until retirement age. The weekly payout is typically the maximum allowed by Florida law.
Understanding the nuances of how long benefits last can be confusing. An attorney well-versed in workers’ compensation can clarify duration rules and ensure you receive all entitled compensation. Never settle without fully understanding your rights.
Fighting Denials and Delays to Get You Paid
Workers’ compensation insurance carriers often deny or delay claims to avoid paying benefits. Their tactics may include disputing that an injury even occurred at work, claiming a pre-existing condition is to blame, or arguing treatment is not medically necessary.
If your claim gets denied, do not simply give up. With an attorney’s help, many denials can be overcome through the appeals process or by taking the insurance company to court. They know how to build a strong case by gathering solid medical evidence, witness statements, accident details, and more.
Even if a claim gets approved, payments are sometimes late. Insurers regularly delay authorizations in hopes that injured workers will get frustrated and take smaller settlements. Personal injury lawyers will persistently follow up to get your case on track. They also negotiate a resolution of any liens or subrogation claims that could hold up payouts.
The bottom line is to not accept an insurer’s “no” for an answer without exploring your options.
Contact a Trusted Miami Personal Injury Lawyer
The bilingual attorneys at Abogadas305 provide compassionate, personalized representation to injury victims throughout Miami. They are committed to helping the Hispanic community while making Miami safer for all.
For a free case review from a caring and experienced lawyer, visit their website at https://www.abogadas305.com/en/.