Workers’ Compensation: The Legal Process
If you are injured while on the job in Florida or sustained an illness or occupational disease as a result, you may have grounds for a workers’ compensation claim. Getting to know a bit more about the legal process surrounding workers’ compensation can help ensure you know whether or not you have grounds for a potential case.
Who is Covered by Workers’ Compensation?
With a few exceptions, any employer in Florida that has four or more employees has to provide workers’ compensation coverage. Any employer in the construction business has to have this coverage – even if they only have one employee.
To determine if your employer offers this coverage, you can use the proof of coverage search page at the Division of Workers’ Compensation.
Workers’ compensation will cover any illness or injury that arises out of and during the course and scope of a person’s employment. This means that the illness or injury has to be caused by your employment while you are working or while you are doing work-related tasks. An injury that occurs while you are commuting to work, in the parking lot, or during a task that is not work-related is usually not eligible for workers’ compensation.
How do You File a Workers’ Compensation Claim
It is important to report the illness or workplace injury to your employer right away. If you are involved in an accident at work, Florida requires that you report the incident within a period of 30 days from the date that the accident occurred.
However, if your physician informs you that you are suffering from an illness or work-related injury, you have to report the illness or injury to your employer within a period of 30 days from the date that the doctor gave you this information. If you don’t report the injury within this period of time, it may result in the claim being denied.
In order to file a claim, you need to fill out the proper forms. Generally, if you report the injury to your employer they will prepare the forms if you ask them to do so.
What Type of Workers’ Compensation Benefits are Provided in Florida?
If you discover that you can file a workers’ compensation claim, then you will be able to receive benefits. The benefits that you can receive include:
- Medical coverage: The medical treatment needed to treat an occupational disease or workplace injury will be covered.
- Temporary disability benefits: If you can’t return to work full duty or for a certain period of time then you may receive temporary disability benefits.
- Permanent disability benefits: If you can’t return to work in any capacity, you may be eligible for permanent disability benefits to provide compensation for your permanent inability to earn.
If you have suffered an accident while at work in Florida, you have the right to hire a workers’ compensation attorney. More information about workers’ compensation claims can be found by contacting the attorneys at Hardesty, Tyde, Green, Ashton & Clifton by calling 904-414-4906.
What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)