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Workers' Compensation

Experienced Workers’ Compensation Lawyers

In Florida, almost all employers are required to carry workers’ compensation insurance. If you are injured at work, you are entitled to receive workers’ compensation benefits to offset any lost wages and medical expenses that you may incur. Florida Workers’ Compensation Law states that workers’ compensation benefits will be provided to the employee regardless of who is at fault for the injury.

Check out answers to some of the questions we get most frequently below, and contact us today for advice on your case.

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 2021:

  • Heat/Cold exposure leading to burns or scalds: 1,185 cases
  • Getting caught in or between machinery: 2,277 cases
  • Suffering cuts, punctures, or scrapes: 2,852 cases
  • Falling or slipping and getting injured: 16,241 cases
  • Straining or spraining muscles: 18,964 cases
  • Being struck or stepping on something that caused injury: 1,901 cases
  • Getting hit or injured by equipment or objects: 7,679 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?

In order to be eligible for workers’ compensation, there are several requirements that must be met. 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.

How Long After an Accident Do I Have to Report It to My Employer?

As per the Florida laws, it is advisable to report your injury at the earliest, 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 ensuring compliance with all the deadlines in your claim process.

Will I Be Paid If I Lose Time from Work?

As per Florida law, it is advisable to report your injury at the earliest, 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 ensuring compliance with all the deadlines in your claim process.

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.

How Do I File for Workers’ Compensation Benefits in Florida?

To receive benefits for workers’ compensation in Florida, it is essential to adhere to specific procedures. Partnering with a seasoned workers’ comp attorney will guarantee that you accomplish all necessary steps to be eligible for and attain your benefits.

Outlined below are the steps required to file for workers’ comp:

  1. Within 30 days of the incident, report your injury or illness to your employer.
  2. Seek medical attention and keep a record of your treatment for your claim.
  3. Expect the workers’ compensation insurance company to contact you within seven days of informing your employer about the claim.
  4. 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.

How Can a Workers’ Compensation Attorney Help Me?

Hiring a workers’ compensation lawyer could prove useful if any of the conditions mentioned below apply to you:

  • Your claim has been rejected by your employer.
  • You suspect that the timeline of limitations might have passed.
  • The amount of compensation offered by the insurance company is unsatisfactory.
  • Your claim has been denied by the insurance company.

Results Matter

We know that results matter to each of our clients, and we are here to get those results for you.