If you live in the Orlando, Florida area, please visit the website of Workers’ Compensation attorneys Colling Gilbert Wright & Carter today to learn more about your legal rights and to possibly schedule a confidential consultation.
Florida’s Workers Compensation Laws were enacted to protect workers who have been injured on the job. Statutes require employers to provide Workers’ Compensation insurance for employees, although employers are permitted to self-insure providing that they meet the requirements.
Reporting requirements
Employees who are injured on the job are required to report their accident within 30 days of the occurrence. The sooner you report the accident the better, as your claim can lose credibility the longer you delay. If you are entitled to lost pay benefits, your first check should be sent to you within 21 days after reporting your injury. Delaying your report can lose benefits to which you may be entitled.
Medical care
If you need medical care, your employer or the insurance carrier will authorize a medical provider to treat you and order prescriptions. You will not have to pay for any medical care associated with your work-incurred injury.
Lost pay
You are entitled to pay for lost wages due to any disability caused by this injury, except you will not be paid for the first seven days unless your disability extends beyond 21 days. At that point the insurance company may pay for the first seven days.
If you lose time from work due to your injury, you will most likely be paid two-thirds of your average weekly wages, calculated over the previous 3 months (approximately.) If you haven’t worked during the complete period used in the calculation, a comparable calculation will be used to figure a fair average weekly wage on which to base your benefit.
Other benefits
You don’t have to be totally or permanently disabled to receive workers compensation benefits. Benefits are payable for temporary total or partial disabilities, too, but for a period of time limited to 104 weeks. Benefits vary for workers who are able to earn a limited amount of income while temporarily or permanently disabled. These include full or discounted benefit payments, rehabilitation for both medical conditions as well as vocational rehabilitation, medical care, assistive devices, artificial limbs, training in the use of these limbs, and more, as appropriate to your injury and degree of need.
Returning to work
Florida law does not require your employer to hold your job for you. While employers cannot fire you for filing, or attempting to file a claim, they are not required to rehire you if you have to take time off for a period of disability. Take advantage of vocational rehabilitation and job training benefits of workers compensation.
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