In Florida, the law requires almost all employers to carry workers’ compensation insurance. If you suffer an injury at work, you can claim workers’ compensation benefits to offset any lost wages and medical expenses that you may incur. Speaking with an experienced Sarasota workers’ compensation lawyer can help you understand your rights, meet important deadlines, and navigate the claims process from start to finish. Florida Workers’ Compensation Law states that employers must provide workers’ compensation benefits to injured employees regardless of who is at fault for the injury.
As an injured employee, you have thirty (30) days to report the injury. This time limit is allowed because some work-related injuries are not as obvious as others, such as carpal tunnel syndrome and illnesses that are related to chemicals. Once you are aware that your illness or injury is work-related, file a report with your employer. In addition to reporting the illness or injury, it is also important to request medical care from the employer.
Sometimes, an employer will assume that medical care is not needed if it is not requested. Put your injury report and request for medical care in writing to create documentation for future reference.
Contact us today at 941-559-4529 to discuss your case and learn how we can help you.
Frequently Asked Questions
What Is Workers’ Compensation?
Employers hold workers’ compensation insurance, which provides benefits to employees who suffer from job-related injuries or illnesses. These benefits cover lost wages, medical expenses, funeral costs, and legal fees. Workers’ compensation requirements vary by state. In Florida, employers with four or more employees must provide workers’ compensation coverage.
What Are Common Injuries in Workers’ Compensation Claims?
Almost any injury or illness that employees suffer as a direct result of their job duties can come under the purview of workers’ compensation. In Florida, the Division of Workers’ Compensation has documented the most common causes of workplace injuries reported in claims filed in 2024 :
- Heat/Cold exposure leading to burns or scalds: 1,221 cases
- Getting caught in or between machinery: 2,439 cases
- Suffering cuts, punctures, or scrapes: 2,817 cases
- Falling or slipping and getting injured: 15,746 cases
- Straining or spraining muscles: 16,084 cases
- Being struck or stepping on something that caused injury: 1,718 cases
- Getting hit or injured by equipment or objects: 7,632 cases
In some unfortunate instances, workplace injuries can also result in fatalities. In such cases, the bereaved family members can file for workers’ compensation on behalf of the deceased employee.
How Can I Qualify for Workers’ Compensation?
You must meet several requirements to qualify for workers’ compensation.
These include being an employee, working for an employer with workers’ comp insurance, suffering from a work-related injury, and adhering to the statute of limitations for reporting your injury. Unlike personal injury cases, the cause of the injury doesn’t need to be the fault of the employer, but rather it must have occurred while performing duties for the employer’s benefit.
For instance, injuries sustained while loading boxes, falling from a scaffold, or while driving a work vehicle may qualify for workers’ compensation. However, there can be instances where eligibility for workers’ compensation isn’t clear, such as accidents that occur when driving to work. Therefore, hiring an experienced workers’ comp attorney is recommended to help ensure that you receive the compensation you deserve, even if your employer rejects your claim.
Who Can File a Workers’ Compensation Claim?
Any employee who suffers a work-related injury or illness in Florida may file a workers’ compensation claim, provided their employer is required to carry coverage. This includes full-time, part-time, and seasonal workers. Independent contractors generally do not qualify unless the employer has misclassified them. In the event of a fatal workplace injury, certain family members, such as a surviving spouse or dependent children, can file for death benefits under the workers’ compensation system.
How Long After an Accident Do I Have to Report It to My Employer?
As per Florida laws, it is advisable to report your injury as soon as possible, but definitely within 30 days of the injury occurrence or initial symptom onset. Failing to do so, your claim may risk the possibility of rejection, unless certain clauses make an exception.
Moreover, it is mandatory to file petitions for availing benefits within two years in Florida. Our workers’ compensation attorneys can assist in keeping compliant with all the deadlines in your claim process.
Will I Be Paid If I Lose Time from Work?
If your work-related injury keeps you from working for more than seven days, you may qualify for temporary disability benefits under Florida’s workers’ compensation system. These benefits typically pay two-thirds of your average weekly wage, up to a state-set maximum. The first seven days are unpaid unless your injury keeps you out of work for more than 21 days. Payments continue until you can return to work, reach maximum medical improvement, or exhaust the benefit limits set by law.
Can My Employer Fire Me If I Am Unable to Work Because of an Injury and Am Receiving Workers’ Compensation Benefits?
It is unlawful to terminate your employment based on your submission or attempt to submit a workers’ compensation claim. Florida law protects employees from retaliation for seeking benefits after a work-related injury.
However, an employer may still end your employment for other valid business reasons unrelated to your claim, such as company-wide layoffs or documented performance issues. You may pursue a wrongful termination or retaliation case to seek reinstatement, back pay, and other compensation if you believe your employer fired you because of your injury or workers’ compensation claim.
How Do I File for Workers’ Compensation Benefits in Florida?
To receive workers’ compensation benefits in Florida, it is essential to adhere to specific procedures. Partnering with a seasoned workers’ comp attorney can help you accomplish all necessary steps to be eligible for and attain your benefits.
Outlined below are the steps required to file for workers’ comp:
- Within 30 days of the incident, report your injury or illness to your employer.
- Seek medical attention and keep a record of your treatment for your claim.
- Expect the workers’ compensation insurance company to contact you within seven days of informing your employer about the claim.
- Comply with the insurance company’s instructions.
If any disputes arise with your employer or the insurance company, you may need to petition. Our workers’ comp lawyer can assist you throughout this process.
Do I Have to Pay Income Tax on the Money on Workers’ Comp Benefits I Receive?
Your benefits are not taxable; however, if you resume working on limited or light duty with a doctor’s approval, anticipate being taxed on your earned wages. Keep in mind that any overtime pay, bonuses, or other employment income earned while on light duty will also be taxable. If you receive a lump-sum settlement for your workers’ compensation case, the settlement itself is typically not taxable, but any portion designated as wages may be subject to income tax.
How Do You Appeal a Workers’ Compensation Claim Denial?
If the insurance company denies your claim, you can challenge the decision. In Florida, this process begins by filing a Petition for Benefits with the Office of the Judges of Compensation Claims (OJCC). You must file within two years of the injury or within one year of your last received benefit. After filing, your case may proceed to mediation, and if necessary, a hearing before a judge. A workers’ compensation lawyer in Sarasota can help ensure your petition is complete, meets all deadlines, and includes strong evidence to support your claim.
Is Suing for Workers’ Comp Worth It?
For most injured workers, there’s no need or ability to “sue” for workers’ compensation. The claims process gives you access to benefits without requiring a courtroom battle. The law treats workers’ compensation as the exclusive remedy for most job-related injuries, limiting your recovery to what the system provides.
However, pursuing a claim is often worth it because those benefits can cover medical bills, a portion of lost wages, and other necessary expenses. In rare situations, such as when an employer has no insurance or intentionally caused harm, you may have the option to file a separate lawsuit for additional damages. An experienced workers’ compensation attorney in Sarasota can review your case and help you decide which path will provide the greatest recovery.
Do I Need a Lawyer for a Workers’ Compensation Case in Florida?
You are not legally required to hire a lawyer, but a Sarasota workers’ compensation lawyer can help protect your rights and improve your chances of receiving full benefits. Having a lawyer means you have someone focused on meeting deadlines, presenting strong evidence, and pushing back against tactics that could reduce or delay your benefits.
What Can a Workers’ Compensation Lawyer Do?
Hiring a workers’ compensation lawyer could prove useful if any of the conditions mentioned below apply to you:
- Your employer has rejected your claim .
- You suspect that the timeline of limitations might have passed.
- The amount of compensation offered by the insurance company is unsatisfactory.
- The insurance company has denied your claim.
In addition to handling situations like these, a workers’ compensation lawyer can gather medical evidence, prepare all required paperwork, negotiate with the insurance company, and represent you in hearings or appeals. Their goal is to protect your rights, secure the benefits you deserve, and remove as much stress as possible from the process so you can focus on recovery.
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Florida Workers’ Compensation Law
Florida Workers’ Compensation Law entitles each injured employee to receive two-thirds (2/3) of their gross wages, up to the statutory maximum, until that employee reaches maximum medical improvement (MMI). Once you reach maximum medical improvement (MMI) you can receive impairment income benefits based on the permanent impairment rating from your treating physician.Your employer’s insurance carrier will also pay all authorized medical bills and prescriptions.
Florida law requires employers to provide a safe working environment for all staff members.
However, it is inevitable that injuries may occur from slipping and falling, improper safety equipment, improper maintenance, or carelessness of fellow employees. It is important to understand that workers’ compensation benefits are provided to the employee regardless of who is at fault for the injury, as long as the injury occurred during the course and scope of the employee’s job.
Disputes Involving a Workers’ Compensation Insurance Claim
Even though the law requires employers to carry insurance and maintain a safe working environment, the insurance company has little incentive to act in your best interest.
The insurance company has adjusters, investigators, and attorneys on staff, all working to minimize the payments on your injury claim. Many insurance companies deny claims or deny that the injuries were related to an accident at the workplace, leaving the injured employee without medical care.
The employer’s workers’ compensation insurer has the following duties and responsibilities to the injured employee:
- Timely provision of medical treatment,
- Timely payment of wage replacement,
- Timely payment of medical bills, and
- Timely reporting of the claim to the Florida Division of Workers’ Compensation.
Your employer cannot terminate your employment because you filed a workers’ compensation claim.
However, the employer also does not have to hold your position open for an undetermined amount of time while you are recovering from your injuries or illness, as this may create a hardship on the employer.
Our Attorneys Are Experienced in Workers’ Compensation
Having an experienced Sarasota workers’ compensation lawyer is critical in pursuing the workers’ compensation benefits you need and deserve. Our workers’ compensation attorney does not receive any payment unless they are successful in negotiating your claims for benefits.
Contact us today at 941-559-4529 so we can explain your rights as an injured employee and help you avoid claim denials. If a workplace accident caused the death of a loved one, we can also guide your family through the process of filing a wrongful death claim.
Workers’ Compensation FQAs
Our Attorneys are Experienced in Workers’ Compensation
Having an experienced Florida workers’ compensation lawyer is critical in ensuring that you receive the workers’ compensation benefits that you need and that you deserve. Our workers’ compensation attorney does not receive any payment unless they are successful in negotiating your claims for benefits. In order to understand your rights as an injured employee and to make sure that your claims are not denied, contact Greg Linehan Law at 941-559-GLAW (4529) . We also help families file wrongful death claims after the loss of a loved one.