Workers’ Compensation in Florida: Rights of Injured Employees
Introduction
Workers’ compensation provides financial benefits to employees who are injured on the job, covering medical expenses, lost wages, and rehabilitation costs. In Florida, most employers are required to carry workers’ compensation insurance, but many injured workers face challenges getting the benefits they deserve.
This guide explains how Florida’s workers’ compensation system works, who is eligible for benefits, and what steps to take if a claim is denied.
Who Qualifies for Workers’ Compensation in Florida?
Most employees in Florida are covered by workers’ compensation if their employer has:
- Four or more employees in non-construction businesses.
- One or more employees in construction-related businesses.
- Six or more employees for agricultural employers.
Workers’ compensation applies regardless of who was at fault for the accident. However, independent contractors and certain categories of workers may not be covered under Florida law.
What Injuries Are Covered by Workers’ Compensation?
Workers’ compensation covers injuries and illnesses that occur while performing job-related duties, including:
- Slips, trips, and falls at the workplace.
- Machinery or equipment accidents.
- Injuries from repetitive motions (carpal tunnel, tendonitis).
- Exposure to toxic chemicals or hazardous substances.
- Work-related illnesses, such as respiratory conditions from exposure to dust or chemicals.
- Injuries sustained while driving for work purposes.
Injuries outside of work, due to horseplay, or resulting from drug or alcohol use may not be covered.
What Benefits Are Available Under Florida Workers’ Compensation?
Injured workers may be eligible for various benefits, including:
1. Medical Benefits
Workers’ compensation covers:
- Doctor visits and hospital stays.
- Prescription medications.
- Physical therapy and rehabilitation.
- Surgery and medical procedures.
- Travel expenses for medical treatment.
Workers must see an authorized doctor approved by their employer’s insurance provider.
2. Lost Wage Benefits (Temporary Disability)
If the injury prevents an employee from working, they may receive wage replacement benefits:
- Temporary Total Disability (TTD): If unable to work at all, workers receive two-thirds of their average weekly wage, up to a maximum amount set by the state.
- Temporary Partial Disability (TPD): If the worker can perform light-duty work but earns less than before, they may receive partial wage replacement.
These benefits continue until the worker reaches maximum medical improvement (MMI) or for a maximum of 104 weeks.
3. Permanent Disability Benefits
If the injury results in permanent disability, workers may receive:
- Permanent Partial Disability (PPD): Compensation for long-term impairments that still allow some work.
- Permanent Total Disability (PTD): Benefits for workers who can no longer work in any capacity.
4. Death Benefits
If a workplace accident results in death, the worker’s family may receive:
- Funeral and burial expenses (up to $7,500).
- Compensation for dependents.
Steps to Take After a Workplace Injury in Florida
1. Report the Injury Immediately
Workers must report the injury to their employer within 30 days of the accident. Failure to report in time may result in losing benefits.
2. Seek Medical Treatment
- See a doctor authorized by the employer’s insurance provider.
- Follow all medical recommendations and treatment plans.
3. File a Workers’ Compensation Claim
- The employer must notify their insurance carrier within seven days of the injury.
- The insurance company will investigate and decide whether to approve or deny benefits.
4. Keep Records of Expenses and Missed Work
- Save medical bills, receipts, and wage statements.
- Keep track of missed workdays due to the injury.
What to Do If Your Workers’ Compensation Claim Is Denied
If a claim is denied, workers have the right to appeal the decision. Common reasons for denial include:
- The injury was not reported within 30 days.
- The employer claims the injury was not work-related.
- The insurance company argues that medical treatment is unnecessary.
- The worker did not see an approved doctor.
Steps to challenge a denial:
- Request a Reconsideration: Speak with your employer’s insurance provider to clarify the issue.
- File a Petition for Benefits: Submit a formal appeal with the Florida Division of Workers’ Compensation within two years of the injury.
- Attend a Mediation Hearing: The state may require mediation between the worker and the insurance company.
- Take the Case to Court: If mediation fails, the case may go before a workers’ compensation judge.
How a Workers’ Compensation Attorney Can Help
Many injured workers struggle to get the benefits they deserve due to insurance company delays, denied claims, or employer disputes. A workers’ compensation attorney can:
- Ensure all paperwork is filed correctly and on time.
- Gather medical evidence to support the claim.
- Challenge unfair denials or low settlement offers.
- Represent the worker in mediation or hearings.
At Bonderud Law, we help injured workers navigate Florida’s workers’ compensation system and fight for the full benefits they deserve. If your claim has been denied or delayed, contact us today for a free consultation.
Conclusion
Workers’ compensation laws in Florida are designed to protect employees who suffer on-the-job injuries, but the claims process can be complicated and frustrating. Understanding your rights and taking immediate action after an injury can improve your chances of receiving full benefits.
If you are struggling to get workers’ compensation benefits, consulting with an experienced attorney can help you secure the medical care and financial support you need.
