Florida is a magnet for tourists. It has endless beaches, beautiful weather, and tons of attractions for all ages. So while the rest of the country sees Florida as a great getaway from the everyday world of work, we Floridians know that it takes a lot of workers to keep Florida’s tourism industry running.
Whether you spend your days welcoming guests like a princess to a magical kingdom or loading tankers at a Florida port, you need to be protected if an injury occurs. Florida workers’ compensation laws exist to provide Florida workers with that protection. However, it is not always an easy process to get the compensation you need or deserve.
If you or a loved one was injured on the job, you should be sure to retain the services of a qualified Florida workers’ compensation attorney to help you. Doolittle & Tucker, PA is a firm that specializes in workers’ compensation cases in Florida. Let us help you get the relief you are entitled to under Florida workers’ compensation law. Call 904.396.1734 today to schedule a free consultation with one of our Doolittle & Tucker legal professionals. Don’t do it alone. Let the Florida workers’ compensation attorneys at Doolittle & Tucker help you.
Here are 5 important Florida workers’ compensation law facts to help you get started on your workers’ compensation journey.
FACT 1: Florida Workers’ Compensation does not require a determination of fault
Florida law requires most employers to provide workers’ compensation insurance to their employees. If you are injured, the insurance paid to you serves to replace wages lost due to your inability to work.
The amount you receive in benefits depends on the extent of your injury and how much your ability to work has been reduced by the injury. Significantly, an injured employee does not need to prove that the employer was at fault for the injury. Consequently, the only proof needed is that the injury occurred in the course of your job duties.
Virtually all accidental injuries and occupational illnesses that occur during the course of your employment are covered. Please note, however, that mental or nervous ailments are not usually covered unless they stem from a physical injury.
FACT 2: You may not get benefits equal to your regular wages
Regardless of the amount of your wages, under Florida workers’ compensation law, disability compensation is limited to 100% of the statewide average weekly wage. That means the maximum benefit you could receive is about $863 per week. However, that is not the end of the story because disability benefits are paid in percentages based on your disability.
In addition to medical coverage for injuries, there are three types of workers’ compensation benefits available:
- Temporary Total Disability (TTD) – The TTD benefits available to you are equal to about 66% of your regular salary in most cases
- Temporary partial disability (TPD) – If you are not totally disabled but cannot do the job you were doing before your injury, TPD benefits will pay you 80% of the difference between 80% of your wages before your injury and what you can currently earn.
- Impairment Benefits – These benefits pay you for a permanent disability that results from your injury.
FACT 3: You should report your injury as soon as possible
Generally, you must report a work injury to your employer within 30 days of the date of injury. With injuries that take a long time to discover (such as lung damage from prolonged exposure to some type of contaminant), you have 30 days from the date of discovery of the injury to report it to your employer.
Also, within two years of the date of injury or discovery of injury, you must file a petition for benefits.
Remember, you should not wait to report an injury to your employer or the State of Florida. If you do, you may lose your ability to collect benefits altogether, even though you have a legitimate work-related injury.
FACT 4: You may have to wait for workers’ compensation benefits to take effect
Under Florida law, the start date of your benefits depends on how long your disability remains. If you are disabled for less than 22 days, your benefits do not begin to be paid until the eighth day of your disability. However, if you are disabled for more than 21 days, then you can receive benefits from the first day of your disability.
For TTD and TPD benefits, you can receive these benefits for up to 2 years (104 weeks). However, if you receive 80% of your regular salary due to a critical injury, the amount of time you are allowed to receive benefits is only 6 months.
FACT 5: You may be limited in choosing a doctor and may not have a job when you’re ready to go back to work
Florida workers’ compensation law places some restrictive limits on injured employees. First, the workers’ compensation insurance carrier your employer chooses must authorize your treating doctor. Therefore, you may not be able to see your regular doctor for medical treatment under Florida workers’ compensation law. Also, the state of Florida does not require your employer to keep your job available to you while you are disabled. Your employer can do this for you, but is not required to do so.
Florida Workers’ Compensation Lawyers Are In Your Corner
Generally speaking, Florida workers’ compensation law is favorable to businesses, not employees. That’s why you need an experienced Florida workers’ compensation attorney on your side, fighting for you. If your benefits are denied, let the experts at Doolittle & Tucker help you fight for the compensation you deserve in court. Our attorneys at Doolittle & Tucker have years of experience helping employees overcome the obstacles of Florida workers’ compensation law. Let us help you. Call today for a free consultation at 904.396.1734.