Category Archives: Workers Comp FAQ
Workers’ Compensation? Can I Sue My Employer Instead?
Workers’ compensation exists to benefit employees. In return, employees are generally barred from suing their employers if their employers provide workers’ compensation policies or benefits. The idea was to trade the employees’ right to sue employers in court for the right to receive workers’ compensation benefits without regard for who was at fault for… Read More »
If You’re Injured at Work, Do You Qualify for Workers’ Compensation?
Workers’ compensation provides partial pay for the time an employee injured on the job is out of work, as well as, reimbursement for medical bills and other expenses. When an employee is injured on the job, he or she may contemplate filing a workers’ compensation claim. But how do you file for workers’ compensation,… Read More »
I am permanently disabled, what wage loss benefits can I receive?
Permanent total disability. If you are permanently and totally disabled, you are entitled to receive 66% of your average weekly wage biweekly with a 3% supplement increased every January 1st times the number of years since your accident. Permanent total disability benefits are paid through age 75. Permanent total supplemental benefits end at age… Read More »
I have been injured at work and I am temporarily unable to return to work because the doctor says I should stay home. Who is going to pay me?
Should stay home. Who is going to pay me? Under Florida Workers’ Compensation Law, you are entitled to indemnity benefits or lost wage benefits. There are categories of temporary indemnity benefits, specifically, temporary total disability and temporary partial disability. You are entitled to temporary total disability when an authorized physician indicates that you are… Read More »
What if you don’t have an accident at work, but believe that you have injuries related to your work activity?
Florida Workers’ Compensation Law has acknowledged that repetitive trauma, exposure to substance and occupational exposures, are compensable. Repetitive trauma is an activity that leads to an injury. This is a compensable event which will entitle you to workers’ compensation benefits. For example, someone who does data entry on a computer can, over time, develop… Read More »
Is there a time limit for filing my workers’ compensation claim?
A Petition for Benefits under Florida’s Workers’ Compensation Law can be brought within two (2) years of your date of accident or within two (2) years of when you knew or should have known that you r injuries were as a result of a work related accident or activities. Once you are beyond two… Read More »
What is required to file a workers’ compensation claim?
Under Florida Workers’ Compensation Law, an accident at work that results in an injury may entitle you to workers’ compensation: Workers’ compensation benefits include medical benefits and lost wage benefits, called indemnity benefits. If you are injured at work, you must report your accident and injury to your employer within thirty (3) days of… Read More »
I was injured at work and my employer will not send me to the doctor, what should I do now?
If you were injured at work, and your employer had more than four (4) employees on the date of the accident, you must report the injury to him or her and request a Notice of Injury or First Report of Injury be completed. An injury must be reported to your employer within thirty (30)… Read More »
I have been injured at work. Is workers’ compensation my only remedy?
Most of the time, workers’ compensation is your only remedy for a work related accident. However, Section 440.11(1)(b)(2) provides that the employer can be held liable for accidents above and beyond their workers’ compensation coverage if the following is met: The employer knew of the danger. Knowing of the danger can be met by… Read More »
