When you suffer a workplace injury, understanding your rights and the benefits available to you under Florida’s workers’ compensation system is crucial. Florida law protects employees by providing compensation for work-related injuries and illnesses.
Your injury must have occurred due to work-related activities and in the course of your employment for you to receive benefits. This means that if you get injured doing what is expected of you in your job, then you deserve to be compensated.
You should talk to an attorney if you’re not sure whether you have compensable work injuries. A Port St. Lucie workers’ compensation lawyer can evaluate your case and guide you through the workers’ comp process. Contact our team at Work Injury Rights for a free consultation today.
What Are Compensable Work Injuries in Florida?
Compensable work injuries refer to injuries or illnesses that qualify for coverage under Florida’s workers’ compensation system. To be eligible for workers’ compensation benefits in Port St. Lucie, your injury or illness must meet specific criteria.
Understanding these criteria is vital to ensuring that you qualify for workers’ compensation and receive the benefits you deserve.
The Injury or Illness Must Be Work-Related
To be covered by workers’ compensation, the injury or illness must occur while you are performing your job duties. This can include accidents that happen at your workplace, injuries sustained while traveling for work-related purposes, or illnesses that develop due to exposure to hazardous substances at work.
Whether you suffer neck injuries, back injuries, fractures, burns, or even more severe conditions like traumatic brain injuries, the key factor is that the injury must be directly related to your employment.
You Must Be an Employee
In Florida, only employees are eligible for workers’ compensation benefits. This includes full-time, part-time, and seasonal workers. Independent contractors, volunteers, and some other categories of workers may not be covered by workers’ compensation. It is essential to verify your employment status to ensure you are eligible for benefits.
Injuries Not Covered by Workers’ Compensation
Workers’ compensation does not cover injuries resulting from intoxication or illegal drug use. You can’t get benefits for self-inflicted injuries or injuries caused by fighting either.
Car accidents while driving to and from work generally aren’t covered, unless you’re driving a company car or performing a work-related task.
Common Types of Injuries Covered by Workers’ Compensation
Florida’s workers’ compensation system covers a wide range of injuries and illnesses that occur in the workplace. Some of the most common types of injuries that are compensable under workers’ compensation include:
Neck Injuries
Neck injuries are prevalent in workplaces, especially in jobs that require heavy lifting, repetitive movements, or long hours of desk work. These injuries can range from mild strains to severe conditions like herniated discs, which can lead to chronic pain and disability.
Back Injuries
Back injuries are among the most common workplace injuries. They can be caused by lifting heavy objects, falls, or repetitive strain. Back injuries can be debilitating and may require extensive medical treatment, including surgery.
Fractures
Fractures or broken bones can occur due to falls, machinery accidents, or other traumatic events at work. These injuries often require immediate medical attention and can lead to long-term complications.
Burns
Burns can result from exposure to chemicals, electrical accidents, or fires in the workplace. Depending on the severity, burn injuries may require extensive medical treatment, including skin grafts and rehabilitation.
Repetitive Stress Injuries
Repetitive stress injuries (RSIs) occur when repetitive motions, such as typing or assembly line work, cause damage to muscles, tendons, or nerves. Carpal tunnel syndrome is a common RSI that affects many workers, particularly those in office settings.
Head Injuries and Traumatic Brain Injuries
Head injuries, including traumatic brain injuries (TBIs), can be caused by falls, falling objects, or motor vehicle accidents while on the job. These injuries can have severe and long-lasting effects, including cognitive impairment, memory loss, and other neurological issues.
Hearing Loss
Workers exposed to loud noises over extended periods may suffer from hearing loss. This occupational illness can be permanent and may require the use of hearing aids or other assistive devices.
Occupational Diseases
Occupational diseases are illnesses that develop due to prolonged exposure to hazardous substances or conditions at work. Examples include respiratory illnesses from exposure to chemicals or asbestos-related diseases like mesothelioma.
To be covered by workers’ compensation, the illness must be linked to your job duties or the nature of your work.
Aggravation of Pre-Existing Conditions
If a pre-existing condition is aggravated or worsened due to your work activities, it may be considered a compensable work injury. This is particularly relevant for workers with chronic conditions that are made worse by their job duties.
What Types of Workers Comp Benefits Can You Claim?
If you suffer compensable work injuries in Port St. Lucie, you may qualify for various workers’ compensation benefits. Workers’ compensation in Florida pays for your medical expenses and replaces some of your lost wages.
Medical Benefits
Workers’ compensation will cover medical costs related to your work injury or occupational illness. This includes doctor visits, hospital stays, surgeries, medications, physical therapy, and any other necessary medical care.
In some cases, you may also be entitled to reimbursement for travel expenses related to your medical treatment.
Disability Benefits
If your injury or illness prevents you from working, you may be eligible for income benefits. There are different types of disability benefits depending on the severity of your injury and the impact on your ability to work:
- Temporary Total Disability (TTD): If you are temporarily unable to work due to your injury, you can receive TTD benefits equal to two-thirds of your average weekly wages.
- Temporary Partial Disability (TPD): You can receive TPD benefits if you can return to work with restrictions and earn less than 80% of your normal income. TPD benefits are calculated as 80% of the difference between your normal earnings and your income on light duty.
- Permanent Total Disability (PTD): If your injury results in a permanent disability that prevents you from ever returning to work, PTD benefits provide long-term financial support.
- Permanent Partial Disability (PPD): If you suffer a permanent impairment but can still work, PPD benefits provide compensation based on the severity of your disability.
Vocational Rehabilitation
If your injury prevents you from returning to your previous job, you may be eligible for vocational rehabilitation services. These services help you acquire new skills and find alternative employment that accommodates your limitations.
Deadline to File a Workers’ Compensation Claim in Florida
It is crucial to file your workers’ compensation claim promptly to ensure that you receive the benefits you are entitled to. In Florida, the deadline to file a workers’ compensation claim is generally two years from the date of the injury or the date you became aware of the injury.
However, you must report your workplace injury to your employer within 30 days of the accident or the discovery of the injury. Failing to meet these deadlines could result in the denial of your workers’ compensation benefits.
Why Choose Work Injury Rights?
At Work Injury Rights, we specialize in workers’ compensation claims, providing top-notch legal services in Port St. Lucie.
- Experience: Our lawyers have a combined 45 years of experience in Florida workers’ compensation law.
- Knowledge of Insurance Company Tactics: Having represented insurance carriers in the past, our attorneys possess insider knowledge that gives us a unique advantage.
- Results: Our results speak for themselves, with numerous high-value settlements for work-related injuries, including traumatic brain injuries and equipment failures.
- Bilingual Staff: Our bilingual staff is fluent in both English and Spanish.
- No Fees Unless We Win: You only pay our workers’ comp attorneys once we win your case.
Contact a Workers’ Compensation Lawyer in Port St. Lucie
Navigating the complexities of workers’ compensation can be challenging, especially when dealing with a serious injury or illness. A skilled workers’ compensation attorney in Port St. Lucie can help you understand your rights, ensure that your claim is filed correctly, and advocate for the full benefits you deserve.
If you have suffered a workplace injury, don’t wait—contact Work Injury Rights today for a free consultation. Our experienced Florida workers’ compensation attorneys are here to protect your rights and help you secure the compensation you need to recover and move forward.
