Healthcare workers are essential for the wellbeing of any community. Everyone depends on doctors and nurses to recover from injuries or illnesses. But what happens when one of these essential workers gets injured at work? An experienced Winter Haven workers comp lawyer will explain the various workers comp benefits for healthcare workers.
Remember that, just as your patients count on you, you can also count on an experienced attorney to help you win your claim. Here are the basic facts you need to know.
Florida Workers Compensation System Covers Most Employees
One of the first issues after a workplace accident is finding out if you are eligible to file a claim. The workers compensation law in Florida is clear on this topic: with a few specific exceptions, all employees are covered.
This is where the difficulty for healthcare workers may arise. You must be a W-2 employee in order to qualify for workers comp benefits. Independent contractors are excluded from coverage.
The Key Problem: Many Healthcare Workers Are Misclassified by Their Employer
Employee misclassification as independent contractors is rampant in many industries, including in the healthcare sector. However, things are starting to change as more workers in this vital sector become aware of this issue and fight for their rights.
For example, in the Mason v. Pathfinders for Independence case, the plaintiff Janet Mason, who worked as a personal support staff member, was correctly classified as an employee by the court. After analyzing Ms. Mason’s job duties and relationship to the employer, the court determined that she was actually an employee with all the rights pertaining to this quality.
What Will Workers Comp Benefits for Healthcare Workers Cover?
As the case above shows, it always pays to fight for your rights and seek legal advice from a Winter Haven workers comp lawyer after a workplace accident. Even if your employer says that you do not qualify, you should still talk to a lawyer and bring them all the relevant evidence.
You stand to gain various types of benefits if you file a workers comp claim successfully, which are rightfully yours by law. These are:
1. Medical Care Costs
As a healthcare worker you have firsthand experience on how expensive medical care is. A fractured bone or dislocated joint can rack up thousands of dollars in diagnostic tests, treatments, prescription medication and follow-up checks.
If you sustained the injury in the course of your job duties, you do not have to pay for your own medical care out of pocket. However, you cannot pick your own healthcare provider. You will have to go for treatment only to the doctor appointed by the workers comp insurance company.
2. Wage Replacements
Workers comp benefits for healthcare workers will also cover 2/3 of your average weekly wages. This benefit kicks in if your work injury prevents you from going back to work for more than 7 days.
Also, there is a cap on the maximum weekly amount you can collect while out on workers comp. In 2024, this limit is set at $1,260 per week.
3. Disability Benefits
Disability benefits are paid to injured workers who are left with permanent impairment as a result of the workplace accident. Your workers comp doctor will determine your disability rating, based on official guidelines.
Depending on the type of impairment and the affected body part, the workers comp insurer will determine the period of time for which you will continue to receive 2/3 of your weekly wages.
4. Vocational Rehabilitation
The workers compensation system also includes services for workers who need to change their job as a result of the acquired disabilities. The injured worker will receive training into a new job and assistance to find work that accommodates their limitations.
Discuss Your Workplace Accident with a Winter Haven Workers Comp Lawyer!
Healthcare workers are at high risk of suffering a workplace accident, due to the fast-paced and unpredictable environment they work in. If you suffered an injury in the course of your job duties, consult with an experienced Winter Haven workers comp lawyer.
We will examine the facts of your case and give you a reliable legal opinion. If you have a valid claim, we will represent you on a contingency-fee basis – no fees until we win your benefits.
Call us to schedule a free case review at 954-324-COMP!
