Florida Workers’ Compensation Law

A workplace injury can be life-changing: medical bills may pile up, you may miss work and lose income, and you might feel unsure about what to do next. These are valid concerns, but fortunately, Florida law can protect you. The FL workers’ compensation system provides medical care and wage replacement after a job-related injury. It is a crucial safety net for many. 

The seasoned legal team at Greg Linehan Law can help you navigate your workers’ compensation claim to ensure you receive the benefits you need. We give each client extensive personal attention and anticipate and address their needs to help ensure they are fully supported throughout their claim. 

Contact us today at 941-559-4529 to discuss your case and learn how we can help you.

What Is FL Workers’ Compensation?

Workers’ compensation is a state-regulated insurance system that provides benefits to employees who suffer work-related injuries or illnesses. You must be an employee to receive workers’ compensation benefits. Independent contractors are typically not covered.

Florida Statutes Chapter 440 covers the Florida Workers’ Compensation Law, which is administered by the Florida Division of Workers’ Compensation (DWC) within the Florida Department of Financial Services (DFS).

Under the Florida Workers’ Compensation law, most employers must provide benefits if an employee suffers a work injury. If the injury occurred while performing work duties, the employee does not have to prove anyone was at fault or negligent. In return, an employee whose claim is covered by workers’ compensation cannot file a personal injury lawsuit against their employer. The injured employee must use workers’ compensation in FL for relief. 

What Benefits Are Available Under Workers’ Compensation?

Florida’s system typically provides three main categories of benefits:

  • Medical benefits, 
  • Wage loss benefits, and
  • Death benefits.

FL workers’ compensation laws break these benefits down into many subcategories that depend on your needs and circumstances. 

Healthcare Benefits

Under Florida law, injured workers are entitled to necessary medical care related to their work injury. Covered treatment may include:

  • Doctor visits,
  • Surgery,
  • Hospital care,
  • Diagnostic tests,
  • Prosthetics,
  • Physical therapy,
  • Prescription medications,
  • Attendant care, and 
  • Medical equipment.

However, workers usually must receive treatment from an authorized treating physician selected by the employer or insurance carrier. And sometimes, the insurance company may request an Independent Medical Examiner (IME) to evaluate an injury and provide a medical opinion.

Our legal team stays on top of your needs to help ensure that you receive care in a timely and stress-free manner and don’t pay for any necessary medical care out of your own pocket. We can also help you change physicians when possible and defeat harmful opinions from an IME. 

Wage Benefits

If a workplace injury prevents you from working, workers’ compensation in FL may provide partial wage replacement. Under workers’ compensation laws in FL, wage replacement benefits may include:

  • Temporary total disability. Carriers pay these benefits when you are still in recovery and cannot work at all. The benefit amount is approximately 66.67% of your average weekly wage (AWW).
  • Temporary partial disability. Carriers pay these benefits when you are still in recovery and can work only a limited amount of time. The benefit amount is 80% of the difference between your AWW and current wages, but it is no greater than 66.67% of your AWW.
  • Permanent impairment benefits. When you reach maximum medical improvement (MMI), meaning a qualified doctor believes you are not likely to improve further, you may be entitled to benefits reflecting your remaining level of impairment. 

Ensuring the insurance carrier properly calculates your AWW and impairment is crucial. Our FL workers’ compensation attorneys monitor each client’s benefits to help maximize them and ensure they are paid on time.

Death Benefits

Unfortunately, some individuals do not survive their work-related injuries. If an employee dies within a year of getting injured, their family or dependents may be entitled to:

  • Funeral expenses (up to $7,500),
  • A percentage of the deceased worker’s AWW, and
  • Payment for a surviving spouse’s career training.

If you have lost a loved one in a work accident, speak to us as soon as possible because your loved one’s employer might be obligated to provide you with support while you grieve.

How Does the Process for Workers’ Compensation Claims Work?

The workers’ compensation process has many steps and typically begins immediately after an injury occurs:

  1. Report the injury. You should notify your employer as soon as possible after a workplace injury. If you take longer than 30 days to report, your claim may be denied.
  2. Employer reporting.  Your employer should report the injury to its insurance carrier within seven days, and the insurer should give you information about your rights and obligations within three days of receiving notice.
  3. Insurance investigation. A claims adjuster investigates the claim and determines whether to approve benefits.
  4. Provision of benefits. If it accepts the claim, the insurance carrier authorizes treatment and wage replacement if you cannot work because of your condition.
  5. Reaching MMI. Once you reach maximum medical improvement, the law determines the amount of benefits you will receive based on your impairment level.

Sometimes, employers and insurance carriers unfairly withhold FL workers’ compensation benefits. You can resolve these disputes by negotiating a settlement or taking the case to trial. You can seek a hearing by filing a petition for benefits with the Office of the Judges of Compensation Claims (OJCC).

How Can an Attorney Help?

Although many claims begin smoothly, disputes can arise about benefit eligibility or amounts. An experienced workers’ compensation lawyer can help protect your rights and guide you through the process. We can help you:

  • Understand your rights, 
  • Communicate with insurance,
  • Get your expenses paid,
  • Gather strong evidence,
  • Negotiate fair settlements, and 
  • Make strong arguments in court.

At Greg Linehan Law, our team has worked together for more than a decade, effectively helping injured workers throughout Florida.

Contact Us Today

Greg Linehan Law has a highly experienced workers’ compensation team, priding itself on open communication and strong client outcomes. We do what is best for our clients and are not afraid to take cases to trial when needed. Call or contact us online today to schedule a consultation for your claim.

FAQs

What Is Workers’ Compensation in Florida?

Workers’ compensation is an employer-based insurance system that provides medical care, partial wage replacement, and death benefits to employees who suffer work-related injuries or illnesses or to their families.

How Does Workers’ Compensation Work in Florida?

When an employee reports a work injury, the employer reports the injury to its insurance carrier. The carrier then evaluates the claim and may provide medical treatment and financial benefits.

Who Qualifies for Workers’ Compensation in Florida?

Most employees who suffer injuries arising out of and in the course of employment may qualify for benefits.

Is Workers’ Comp Mandatory in Florida?

Typically, yes, but working with an experienced workers’ comp attorney can give you the full picture of your eligibility.

Legal References Used to Inform This Page

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