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Understanding Florida’s Workers’ Compensation Laws
Each state has its own workers’ compensation laws. These laws are in place to protect employees in the event of a workplace injury. Benefits are meant to help injured victims who can no longer earn a paycheck and must deal with expensive medical bills. Both employers and employees must adhere to a number of state-mandated guidelines after a workplace injury. This can be a complicated process, which is why many injured workers turn to workers’ compensation attorneys.
At Felice Trial Attorneys, we’ve been protecting the rights of injured workers in West Palm Beach and throughout the state of Florida for years. If you’ve sustained a serious workplace injury and are having trouble navigating the state’s workers’ compensation system, we can help. Contact us at (561) 444-8822 today!
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Laws Pertaining to Workers’ Comp Coverage
Most employers in Florida are required to carry workers’ compensation insurance coverage for their employees. Because we’re considered a “no-fault” state, workers are entitled to benefits regardless of how the accident occurred. Businesses have the option of obtaining state insurance coverage or self-insuring their workers. State guidelines dictate exactly who must carry workers’ compensation insurance. They’re as follows:
- Employers with four or more employees, regardless of whether they’re full-time or part-time
- Any employer in the construction industry
- Farmers who employ five or more employees, or 12 or more seasonal employees
- All public employers
Because employees don’t have to help pay for the premiums on this coverage, they don’t have the option of filing a lawsuit against their employer in the event of an injury. However, if an employer fails to carry workers’ compensation insurance and a workplace injury occurs, the victim has the right to sue the employer for medical bills and lost wages. If this happens to you, the personal injury attorneys at Felice Trial Attorneys can fight hard to help you obtain the compensation you deserve.
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Filing a Workers’ Compensation Claim
If you’ve been injured on the job and are facing lost wages and medical bills, you need to file a worker’s compensation claim with the state. To do so, it’s crucial you report the injury to your employer within 30 days of the incident. As long as you report the injury on time, you have the option of filing a workers’ comp claim for up to two years. Once this statute of limitations runs out, you can no longer file a claim.
After you’ve reported the injury to your employer, they must contact their insurance provider. They have seven days to do this. The provider will then follow up with you and go over medical treatment. The doctor you receive treatment from must be authorized by your employer’s insurance company. After you receive treatment, your employer and their insurance provider will decide whether to approve or deny your claim. If your claim is wrongfully denied, you have the right to contest the decision with the Office of Judges of Compensation Claims. At this point, it’s best to hire a Florida workers’ compensation lawyer to guide you through the process.
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Contact A West Palm Beach Workers’ Compensation Attorney
A severe workplace injury can make things extremely difficult for you and your family. It’s important you have an experienced workers’ compensation attorney in your corner to protect your rights. At Felice Trial Attorneys, we maintain an intimate knowledge of Florida’s workers’ comp laws and understand what it takes to obtain the compensation you deserve. It’s our goal to help you make a full recovery and get back on your feet as soon as possible. Contact us at (561) 444-8822 to schedule a free initial consultation.
Frequently Asked Questions
Most employees in Florida are covered under the Workers’ Compensation Law. This includes full-time and part-time employees, as well as seasonal and temporary workers.
The benefits available under Florida’s Workers’ Compensation Law include medical treatment, wage replacement, disability benefits, and death benefits.
To file a workers’ compensation claim in Florida, you must report your injury to your employer within 30 days of the accident or the onset of the illness. Your employer should then report the injury to their insurance company. If your employer fails to report the injury, you can report it directly to the insurance company.
Your employer or their insurance company will typically choose the doctor for your initial medical treatment. However, you may be able to switch to a different doctor within the employer’s authorized medical network if you are not satisfied with the initial treatment.
If your workers’ compensation claim is denied, you have the right to request a hearing with the Florida Division of Workers’ Compensation. You may also want to consider hiring an attorney to help you with your case.
In most cases, you cannot sue your employer for a work-related injury in Florida. Workers’ compensation is typically the exclusive remedy for work-related injuries or illnesses. However, if your employer’s intentional or reckless conduct caused your injury, you may be able to file a lawsuit outside of the workers’ compensation system.
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