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Seven Most FAQs About Workers’ Compensation Answered

When you’ve been injured on the job, it is very likely that you are covered by workers’ compensation. If you’ve never filed a workers’ compensation claim and don’t know where to start, we’ve got you covered. Here are the

What Is Workers’ Compensation?

Workers’ compensation is a type of insurance plan that is purchased by employers to cover the costs of employment-related injuries and illnesses for their staff. Workers’ compensation is a state-mandated program in Florida. Florida law requires that employers carry workers’ compensation to cover their employees.

What Is Covered By Workers’ Compensation?

Workers’ compensation covers injuries that result from both an employer and an employee’s actions. The types of injuries and illnesses covered has a wide range and applies to every industry. Coverage can include things like accident injuries, injuries, and illness from repetitive stress, and even illness from toxic exposure. Some of the most common workers’ compensable injuries include:

● Overexertion
● Slip or trip and falls
● Struck by object
● Bodily reaction
● Machinery accidents
● Burns, cuts and lacerations, and sprains, strains, and breaks
● Repetitive motion and overuse injuries
● Occupational illnesses
● Stress-related injuries
● Ergonomic injuries

Who Is Covered By Workers’ Compensation?

The state of Florida requires that employers provide workers compensation if they have four or more full or part-time employees. If the employer is in construction, the requirement is one or more full or part-time employees. Farmers also have different requirements. If they have five or more regular employees or twelve or more seasonal employees. Federal employees are not covered by Florida’s workers’ compensation, but by a Federal workers’ compensation insurance. People not covered by workers compensation include:

● Volunteers
● Business owners
● Independent contractors
● Part-time domestic works

What Expenses Are Covered By Workers’ Compensation?

Workers’ compensation covers most of the expenses related to the injury or illness sustained on the job:

● Medical treatments, prescriptions and equipment, and therapy for the injury or illness
● Lost income and benefits
● Cost of retraining when the injuries are so severe you can no longer perform your regular job duties
● Compensation for any permanent injuries or disabilities
● Survivor’s benefits in the case of death

Workers compensation does not cover pain and suffering. Workers compensation also has limits in the state of Florida. For example, no matter how much your regular salary is, the state has a limit of $863/week. You benefits will also be paid at a percentage rate, for example, total temporary disability is paid for 66% your average wages and 80% for total permanent disability. Your benefits will only be paid for a certain time period depending on your injuries.

How Do I File A Workers’ Compensation Claim?

If you are ready to file a workers’ compensation claim, it’s pretty straightforward. First, you will report your injury to your employer within 30 days of the accident. If it is an illness, you need to report within 30 days of diagnosis. If you miss the deadline, you still have two years in the state of Florida to report the injury, but your benefits will be reduced. Your employer will report the injuries to their insurance company and then begin the process. If your employer fails to do so, you can go directly to the state of Florida’s Division of Workers’ Compensation to report the incident.

Can Workers’ Compensation By Denied?

Workers’ compensation can be denied for a number of legitimate reasons including:

● The employee was under the influence of drugs and/or alcohol
● The injuries were self-inflicted
● The employee was violating the law or company policy when injured
● The employee was not on the job at the time of the injury
● The injury is not a result of the normal tasks/duties of the employee

Workers’ compensation can also be denied for illegitimate reasons because your employer does not want to pay for your injuries.

What Do I Do If My Claim Is Denied?

If your workers’ compensation is denied, the best course of action is to speak with an attorney. At , Goldman, Babboni, Fernandez, and Walsh, we have a century of combined experience helping people get fair workers’ compensation for their injuries. No matter the reason for your denial, we can help you. Give us a call at one of our Southwest Florida offices for a free consultation to learn more!

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Seven Most FAQs About Workers’ Compensation Answered

Goldman Babboni Fernandez
Murphy & Walsh

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