Workplace injuries are an unfortunate but common occurrence. If you’re injured at work, you might be wondering if you will get paid and how much. This concern can be addressed by understanding Florida’s workers’ compensation payments.
The Basics of Workers’ Compensation
Workers’ compensation is a legal system that provides benefits to workers who get injured on the job. It operates on a “no-fault” basis, meaning you can receive benefits even if your own negligence contributed to the injury. This system protects employers from lawsuits by employees (in most cases), and its specifics vary from state to state.
In Florida, almost all employers, both private and public, are required to provide workers’ compensation benefits for their employees. This applies if they employ one or more full- or part-time individuals (including family members).
However, certain individuals such as certain business owners, licensed real estate agents, brokers working on commission, independent contractors, repairmen making less than $2,000 per calendar year, federal employees (covered under federal laws), and drivers under a lease agreement with a common or contract carrier are exempt from mandatory coverage under the Workers’ Compensation Act.
Steps to Take if You’re Injured at Work
If you suffer an injury while working for a Florida company, either on the company’s premises or while conducting company business, you may be entitled to compensation for your injuries through your employer’s workers’ compensation insurance.
However, these benefits are not automatic. There are several steps you must take to ensure you receive them. To maximize your workers’ compensation benefits, make sure to do the following:
- Seek emergency treatment for your injuries if necessary.
- Report your injury to your employer as soon as possible. The law requires that you report an injury to your employer within thirty (30) days of it happening.
Coverage Under Workers’ Compensation
Workers’ compensation insurance covers medical bills, lost wages, prescription medications and refills, wage loss, and certain job replacement benefits. However, it typically does not cover damages for pain and suffering.
The value of a case is determined by the type of disability caused by the injury. Injured employees are entitled to benefits beyond their medical bills only if they have suffered a work-related disability as a result of the accident.
Calculating Workers’ Compensation Payments
The calculation of workers’ compensation benefits in Florida is based on your average weekly wage (AWW) and the severity of your injury.
Permanent Total Disability
If you’re unable to return to work permanently due to severe injuries, you’re entitled to receive at least 66.67% of your AWW. These benefits continue until you reach the age of 75, provided you’re still unable to work.
Temporary Total Disability
If you’re temporarily unable to work due to illness or injury, but your condition isn’t permanent, you’re eligible for 66.67% of your pre-injury average weekly wages for up to 104 weeks.
Permanent Partial Disability
If your temporary benefits expire and you’re still unable to perform work-related tasks, you’re eligible for impairment income benefits. The calculation of these benefits can be complex and depends on several factors, including the level of impairment and your individual situation.
Temporary Partial Disability (TPD)
These benefits are paid when an employee returns to work with restrictions related to the accident and earns wages not exceeding 80% of their pre-injury average weekly wage. You can receive up to 104 weeks of temporary disability benefits.
Receiving Workers’ Compensation Payments
If you’re completely unable to work, workers’ compensation will provide you with 66.67 percent of your AWW. These benefits are paid on a bi-weekly basis.
It’s important to note that receiving workers’ compensation benefits involves a process that includes reporting your injury to your employer within a certain time frame. Therefore, it’s crucial to understand your rights and responsibilities under Florida’s workers’ compensation laws.
Call Today for a Free Case Review!
If you’re injured at work, it’s crucial to understand your rights and responsibilities under Florida’s workers’ compensation laws. If you’re uncertain about anything or need assistance with the process, consider consulting with a legal professional at Work Injury Rights at 954-833-5226.