Florida Workers Compensation Lawyers
We are experienced workers' compensation lawyers who help people find the right lawyer for their situation. If you would like our help please contact us at (800) 807-9530.
In Florida, the Division of Workers’ Compensation handles work injury cases. These are not lawsuits, but rather claims against your employer’s insurance company. Generally, all injuries that arise out of and in the course of your employment are covered. This includes everything from sudden injuries like a slip and fall to repetitive trauma cases like a sprained shoulder from excessive lifting. Occupational disease injuries such as exposure to fumes also are covered. However, not all employers are required to have workers’ compensation coverage – these laws do not apply to employers with fewer than four employees.
In Florida, you are covered regardless of who was at fault for your injury. Mainly, you have to show that your injuries arose out of and in the course of your employment. In other words, if you got hurt while doing something work related and during work hours, you are typically covered. Injuries resulting from a mistake – you weren’t paying attention and you got hurt – are generally covered. In most cases, you cannot sue your employer for negligence.
These are the main benefits that you should be eligible for under Florida workers’ compensation law:
- Payment of 100% of your medical bills. As long as you see an authorized physician, there are no out-of-pocket expenses for treatment that is reasonable and related to your job injury.
- Temporary total disability. If you are unable to work, you can get 2/3 of your average weekly wage for up to 104 weeks. If your injury is critical, you may be able to get 80% of your wages for up to six months.
- Temporary partial disability. This type of benefit is available if you can return to work but only perform a job where you make less money. You will receive 80% of the difference between 80% of your wages before you were injured and your wages after your injury. You can receive this benefit for up to 104 weeks.
Once your doctor tells you that you are at Maximum Medical Improvement (meaning you’re as good as you’re going to get), you may be given a permanent impairment rating. You may receive benefits based on this rating, which are based on a formula that includes your rating and the nature of your disability.
It is important to know that you are required to see a doctor chosen by your employer. A list of approved doctors should be posted in the workplace. If you go to a doctor not on the list, it is considered “unauthorized treatment” and the cost will not be covered. There is an exception if your injury is a true emergency. Also, an employee is permitted to get an independent medical exam by a doctor of their choosing, although the cost is not covered.
If you have been injured on the job in Florida, we recommend that you hire a lawyer that focuses their practice almost exclusively on representing injured workers and has a track record of success. Workers’ compensation lawyers get paid on a contingency basis, meaning they only get paid if your case is successful. If you don’t receive any benefits as a result, you pay nothing. Since an hourly fee isn’t required, it makes sense to go with the best attorney you can find.
Attorney’s fees in Florida work injury claims are limited. The maximum fee a lawyer can earn is 20% of the first $5,000, 15% of the next $5,000, and 10% of anything beyond $10,000. If they get you a $10,000 settlement, their fee would be $1,750. If they get you nothing, you would owe them nothing.
In Florida, the law requires you to give your employer notice of your injury within 30 days of the accident. If you fail to provide proper notice your case can be dismissed.
Like other Florida cases, there is a statute of limitations (a time limit) for filing your case or it will be forever barred. You have two years from the date of the injury to file a petition with the Division of Workers’ Compensation. This formally notifies your employer and the state that you are pursuing your case.
Because a claim for benefits is not a lawsuit against your employer, your law firm deals directly with the insurance company, not the employer themselves. Unlike health insurance coverage disputes there is an opportunity for quick action to make a disputed job injury case better. If the insurance company is found to have acted unreasonably, they may be charged with penalties.
The laws and rules of the workers’ compensation in Florida are complicated. A good Florida work accident attorney can help you navigate the system, especially if you haven’t received the benefits you are owed. Having an attorney looking out for your best interest can make a difference.
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