Workers’ compensation is intended to meet the medical and financial needs of employees who get hurt at work. Filing an application for those benefits can be complicated and frustrating—especially if you are simultaneously dealing with your healthcare needs. Injured employees in Florida need to know how workers’ compensation works and how they can get benefits.
This is when it can be beneficial to consider hiring an Orlando workers’ compensation lawyer. You can get a free consultation that allows you to ask questions and learn about the law firm. It also gives the legal team a chance to learn about the merits of your case and describe your rights and your employer’s responsibilities.
How to Qualify for Workers’ Compensation in Florida
If you were hurt at work, you are entitled to workers’ compensation benefits if your employer is required to carry workers’ comp insurance. Not all employers are, but yours is if they meet the following Florida Department of Financial Services (FLDFS) criteria:
- Your employer has a minimum of four full- or part-time employees
- Your employer is in the construction industry with at least one employee
- Your employer is a state or local government agency
- Your employer is a farmer with a minimum of five regular employees or 12 seasonal employees who work for 30 days or longer
If you are unsure about whether your employer carries insurance or are having a hard time getting benefits, a workers’ comp lawyer can help. They will guide you through the process and fight hard for the benefits you need and deserve.
Navigating the Workers’ Compensation Application Process
Applying for workers’ comp in Florida starts with reporting your workplace injury or illness to your employer. According to FLDFS guidelines, you must report it within 30 of its occurrence or discovery. Your next steps are as follows:
- Request the name of the doctor authorized for diagnosis and treatment
- If your condition is an emergency, visit an emergency room and inform your employer as soon as possible
- Be prepared to speak to a claims adjuster, typically within 24 hours
- Complete and submit a claims packet, which can include a First Report
- of Injury or Illness
- Your application could also include various statements, release forms, and reimbursement forms
A workers’ compensation attorney can help you with every step of the application process, including gathering the medical evidence necessary to validate your claim. They will also check and double-check your application for errors and omissions that could slow the application process.
To consult with an experienced workers’ compensation lawyer today
855-780-9986
Medical Benefits You Can Obtain With an Effective Worker’s Comp Application
With a limited number of exceptions, you cannot sue your employer for an on-the-job injury in Florida. Your employer and their insurer, however, are responsible for all the medical care you require to reach maximum medical improvement (MMI) after a workplace illness or injury.
Do not wait to get medical attention since doing so could hinder your recovery and potentially harm your claim. Get care only from the doctor your employer chooses, or you could have to cover any other medical bills on your own.
Medical benefits start immediately. Do not stop going to the doctor on your own. Keep getting treatment until your healthcare team releases you from care.
Financial Benefits You Can Get From Workers’ Compensation in Florida
You can receive wage replacement with a successful workers’ comp application. The severity of your injuries and the length of your recovery both play a role in your monthly financial benefits.
Your injury or illness must last at least seven days to receive any financial benefits at all. After that time, you could be entitled to two-thirds of your average weekly wage as follows:
- Temporary Total Disability (TTD) if you cannot work at all. Some exceptions allow you to receive as much as 80% of your average weekly wage. Your lawyer will let you know if you meet these conditions.
- Temporary Partial Disability (TPD) if you can do some work, but not the same work. TPD benefits will compensate you for 80% of what you currently earn and what you earned prior to your injury.
TTD and TPD benefits are available for up to 104 weeks. After you reach MMI, you could also receive impairment income benefits (IIB) after you are assigned a permanent impairment rating. If your injuries are so serious even after MMI, you could get permanent total disability (PTD) if you cannot ever go back to work.
A Workers’ Compensation Lawyer Can Serve as Your Advocate in Florida
Applying for workers’ comp can be a long process. While you focus on getting better, a lawyer in your area can:
- Locate and interview witnesses to your workplace accident
- Identify and consult with subject matter expert witnesses
- Thoroughly document your injuries and their severity
- Handle all communication related to your workers’ comp claim
- Fight for an accurate permanent disability rating
Workplace injuries are more common than you think. If you were hurt at work, your lawyer will fight for the medical and monthly benefits, and for a lump sum settlement, when available. If a loved one was fatally injured in a work-related accident, family members can receive compensation as well.
Your Lawyer Can Help You Fight Back if Your Initial Request Was Denied
You do not have to give up if your workers’ compensation appeal was denied. Your workers’ compensation attorney will:
- Review your Notice of Denial which states why your application was rejected
- File your Petition for Benefits within two years of your denied application
- Enter mediation where both side and their representatives attempt to resolve the disputed application
- Represent you at your pretrial hearing which can include submitting new evidence and interviewing witnesses
Your lawyer will also represent you at your final hearing and help you keep fighting for the medical and financial benefits you need and deserve.
Get Your Free Workers’ Compensation Consultation Today
If you were hurt at work, you could be entitled to medical care and financial benefits. A workplace illness or disease could also entitle you to these benefits. Our law firm can help you understand how workers’ compensation works in Florida. We will also help you effectively navigate the application process.
Learn more about your right to benefits with a free case review. Contact our consultation team at Bogin, Munns & Munns to get yours today.
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