Any type of personal injury can create chaos in your life. When you’re hurt at work, however, you have to worry about your livelihood as well as your health.
How can you focus on getting better when you’re concerned about paying your bills and putting food on the table?
Fortunately, the workers’ compensation system is designed to help Florida workers injured on the job.
If you have never had to use these benefits, you may be wondering where they come from and how they work.
Although you don’t necessarily need a Attorney to file a claim for workers’ compensation benefits, having an experienced Florida workers’ comp lawyer on your side from the start can increase your chances of a successful, stress-free outcome.
How the Workers’ Compensation System Works
Workers’ compensation is actually a type of insurance. Employers pay for this insurance in case an employee gets hurt at work.
When an employee uses his or her workers’ compensation benefits, the employee waives the right to file a personal injury lawsuit against the employer.
In certain cases, an injured worker may be able to collect workers’ compensation benefits while pursuing a third-party personal injury lawsuit against an entity or individual responsible for causing the worker’s injuries.
Workers’ compensation is also a no-fault system, which means workers are entitled to benefits regardless of whether they are responsible for the accident that caused their injury.
Furthermore, employers can’t require their workers to help pay the employer’s workers’ compensation insurance premiums.
Under Florida workers’ compensation rules, the majority of employers are required to maintain workers’ compensation insurance.
Employers have a choice between self-insuring or working with an insurance company. Any employer with four or more full-time or part-time employees must carry workers’ comp coverage.
There are different rules for employers in the agricultural and construction industries, however, most of these employers must also carry workers’ compensation insurance.
If you are an independent contractor, or your employer does not have four or more employees, you are probably not covered by workers’ compensation. However, it’s still a good idea to speak to a Attorney about your case.
Getting the Benefits You Deserve
If you have been injured on the job, it’s important to report your injury to your employer right away.
If you intend to file a workers’ compensation claim, your employer or the workers’ comp insurance carrier has the right to select your doctor, and you must see the doctor your employer or the insurance company chooses.
You have a right to switch doctors one time, however, your employer or its insurance company also have a right to pick the second doctor.
If the workers’ comp insurance company approves your claim, you may entitled to the following benefits:
- Payment of your medical bills, including prescriptions, surgery, physical therapy, and anything else related to the treatment of your injury
- Permanent partial disability
- Permanent total disability
- Temporary partial disability
- Temporary total disability
Families who have lost a loved one in a work accident may also qualify for death benefits through the workers’ compensation system.
When you file a workers’ compensation claim, it’s important to remember you are working with an insurance company.
Like any other insurance carrier, the insurer wants to save as much money as possible.
The insurance company does this by paying as little as possible on your claim. In some cases, the insurer may try to deny your claim. The law gives you the right to appeal.
You also have the right to receive additional money if the insurance company takes too long to pay out your benefits.