- Workers' Compensation
Florida workers compensation laws require most employers to carry insurance meant to cover any injuries suffered by their employees. As long as your injuries took place on the job, there’s a good chance you’ll be covered under workers compensation.
A Tampa work injury attorney can help you navigate the complicated workers comp process and get the benefits you deserve. Our team at Work Injury Rights has decades of experience dealing with workers comp cases.
If you have any questions about your own workers’ compensation case, feel free to give us a call.
Who Is Covered Under Florida Workers Compensation Law?
Florida law requires companies with four or more employees to carry workers compensation insurance. Employers in the construction industry with at least one employee must have coverage. There are special rules when it comes to seasonal workers and agricultural workers.
While certain categories of workers are not covered by workers compensation, most workers can collect benefits if they meet the criteria. It doesn’t matter whether you’re a full-time or part-time employee. You are protected under the workers compensation laws in Florida.
Certain Categories of Workers Are Not Eligible for Workers Comp in Florida
There are certain groups of workers who are not entitled to workers’ compensation benefits. The excluded groups include:
- Federal employees
- Railroad workers
- Domestic workers in a private home
- Independent contractors
- Volunteers
If you have questions about whether you qualify for benefits, you can contact our law firm for a free case review.
What Are The Requirements for Workers Compensation?
For you to collect benefits, you must meet the following requirements:
- You were not under the influence of drugs or alcohol when you were injured.
- You were acting within the scope of your employment.
- You reported your injuries to your manager or Human Resources department within thirty (30) days.
- You agree to be treated by a state-approved workers comp doctor.
The workers compensation process is complicated, but a skilled attorney can guide you at every step.
You Must Report Your Injury to Your Employer Within 30 Days
We mentioned this briefly above, but it is worth stating it again. You must notify your employer of your workplace injuries within thirty days. If you fail to do this, you will not be able to file a worker’s compensation claim.
You can satisfy this requirement by either notifying your manager or human resources representative. Your employer likely has their own policy when it comes to what form your notice must be in.
Once the employer has been notified of your workers compensation claim, it needs to be filed with the insurance company within seven days. If your employer doesn’t contact the insurance company, you can contact the insurer directly.
Is There a Deadline to File a Workers Compensation Claim?
If you file a claim and it is denied, you have the option to appeal by filing a petition for benefits. According to Florida’s statute of limitations, you must file a petition for benefits within two years of the injury or one year of your last wage or medical payment.
If you fail to file your legal claim within the two-year period, you will lose your opportunity to do so. If you attempt to file it after the statute of limitations period expires, your case will be dismissed.
What Benefits Will You Receive Once Your Claim Is Approved?
Once your workers’ compensation claim is approved, you’ll be entitled to certain benefits. This includes coverage for any medical care you need. It also includes weekly benefits.
These weekly benefits are meant to provide you with an income while you’re recovering from your work-related injuries.
You will not receive your full pay while out on workers’ compensation. Instead, you will receive 2/3 of your average weekly wages until you are ready to return to work.
If you are still not ready to go back to work after 104 weeks, your workers comp attorney in Tampa will have to prove that you’ve suffered a permanent disability.
How Can an Attorney Help You Appeal Your Claim?
If your workers compensation claim isn’t approved, your work injury lawyer in Tampa can file an appeal on your behalf. Your lawyer will start by looking at why the claim was rejected. In some cases, your claim will have been denied for a simple reason such as missing paperwork or forms.
However, if your claim was denied for a more substantial reason, your attorney will have to demonstrate that you were injured on the job and that you meet the requirements for workers comp benefits.
Contact Our Office for a Free Consultation
Unless you’ve been through the process, it can be hard to understand how Florida workers compensation law works. The important thing you need to understand is that an experienced Tampa workers comp lawyer can help protect your rights.
If you’ve recently suffered an injury at work, there’s a good chance you’ll be entitled to workers compensation benefits. We suggest you contact our office at 954-388-8616 and schedule your free initial consultation.
