Understanding Workers’ Compensation Benefits in Florida

If you’ve suffered an injury while on the job in Florida, you may be entitled to workers’ compensation benefits. Florida law requires most employers to carry workers’ compensation insurance to cover employees who get injured at work. These benefits provide financial support for medical expenses and lost wages. Understanding your workers’ compensation rights is crucial to ensuring you receive the benefits you deserve.

“An employer’s obligation to their workers injured on the job isn’t optional,” said Brett Vigodsky, a Florida workers’ compensation attorney with Levin, Papantonio. “Florida law establishes the rights of employees and the requirements that employers must adhere to.”

What Does Workers’ Comp Cover?

Workers’ compensation in Florida covers a range of expenses and losses related to a workplace injury. Here are the primary benefits you can expect:

1. Medical Expenses

Workers’ comp covers all necessary medical treatments related to your injury, including:

• Doctor visits
• Hospital stays
• Surgery
• Medications
• Physical therapy
• Medical tests (X-rays, MRIs, etc.)
• Medical equipment, such as wheelchairs or braces
• Long-term care if necessary

Your employer’s insurance will typically assign an approved healthcare provider for your treatment. However, in some cases, you may request a change in providers if you are unsatisfied with your care.

2. Lost Wages and Disability Benefits

If your injury prevents you from working, workers’ compensation provides partial wage replacement. These benefits depend on the severity of your injury and your ability to return to work.

• Temporary Total Disability (TTD): If you cannot work at all due to your injury, you may receive 66.67% of your average weekly wage, up to the state-mandated limit.
• Temporary Partial Disability (TPD): If you can work in a limited capacity but earn less than before, you may receive partial benefits.
• Impairment Benefits (IB’s): If your injury results in a permanent impairment, you may receive a lump sum or ongoing benefits.
• Permanent Total Disability (PTD): If your injury leaves you permanently unable to work, you may receive ongoing benefits.

These wage benefits help ensure that injured employees can continue to support themselves and their families while recovering.

3. Death Benefits

If a workplace injury results in death, the worker’s dependents may receive death benefits, including:

• Funeral and burial expenses (up to $7,500)
• Death Benefits ($150,000)

These benefits aim to provide financial stability for families who have lost a loved one due to a workplace accident.

Workers’ Compensation Eligibility in Florida

To qualify for workers’ compensation benefits in Florida, you must meet the following criteria:

• You must be an employee (independent contractors may not be covered).
• Your employer must have workers’ compensation insurance (most businesses with four or more employees are required to have it).
• Your injury must have occurred while performing work-related duties.
• You must report your injury within 30 days of the accident.

Failure to report the injury within this timeframe could result in a denial of benefits. It’s also important to document your injury and any medical treatment you receive to strengthen your case.

How Long Does Workers’ Comp Last?

The duration of workers’ compensation benefits depends on the type and severity of your injury:

• Temporary benefits last up to 260 weeks (five years) or until your doctor determines you have reached Maximum Medical Improvement (MMI).
• Permanent benefits can continue until you reach age 75 if you are deemed permanently and totally disabled.
• Medical benefits generally continue as long as treatment is medically necessary and related to the work injury, assuming the injured worker has received authorized treatment at least once a year.
• Vocational rehabilitation benefits may be available for a set period to help you transition into a new career. 
• Settlement of your workers’ compensation case may be an option, allowing you to receive a lump-sum payment instead of ongoing benefits.

What to Do If Your Workers’ Compensation Claim Is Denied

Unfortunately, some workers’ comp claims are denied for various reasons, such as:

• Missed deadlines
• Disputed cause of injury
• Insufficient medical evidence
• Employer disputes

If your claim is denied, you have the right to appeal. Here’s what you can do:

• File a Petition for Benefits: If reconsideration doesn’t work, you can file a formal petition with the Florida Office of the Judges of Compensation Claims (OJCC).
• Attend Mediation: In Florida, mediation may be required to try to resolve disputes before a hearing.
• Attend  Final Hearing:  In Florida, if you do not resolve your outstanding issues at mediation, you will proceed to a hearing for the Judge of Compensation Claims to decide the outstanding issues.

Get the Legal Help You Need

Navigating the workers’ compensation system can be overwhelming, especially if you’re recovering from a workplace injury. If you’re unsure about your workers’ compensation rights or if your claim has been denied, our skilled workers’ compensation attorneys in Pensacola, Florida, can help protect your interests and maximize your benefits.

Why You Should Contact an Attorney Immediately

It is essential to contact a workers’ compensation attorney as soon as possible after a workplace injury. An attorney can ensure that all necessary paperwork is filed correctly and on time, help gather medical evidence to support your claim and negotiate with the insurance company on your behalf. Waiting too long to seek legal advice could result in missed deadlines or a reduced settlement, making it harder to obtain the compensation you deserve. By consulting an attorney early in the process, you increase your chances of securing the full range of benefits available to you.

Contact Us TodayIf you’ve been injured at work and need help securing your workers’ compensation benefits, our experienced attorneys are here to assist. Contact us for a free consultation to discuss your case and ensure you receive the compensation you deserve.