5 Things To Know About Workers’ Compensation In Florida

Anyone who has sustained an injury at work or developed an occupational disease as a result of their job duties should be thinking about filing a claim to receive workers’ compensation benefits. Yet seeking workers’ compensation benefits in Sunrise and throughout South Florida can be a complicated process, and it is critical to learn more about the Florida workers’ compensation law before you move forward with a claim. While you should always seek advice from a Fort Lauderdale workers compensation lawyer about the particular elements of your claim, our firm knows how important it is to gain a better understanding of the process you are about to go through before you meet with a lawyer. The following are five key things you should know about workers’ compensation in Florida.

1. Workers’ Compensation Claims Have a Statute of Limitations 

There are time limits associated with reporting and filing workers’ compensation claims. First, you must report the injury to your employer within 30 days. Under Florida law, in addition to the 30-day reporting requirement, you must also file your claim within two years from the date of your injury. There is no reason any injured worker should end up with a time-barred claim because of the statute of limitations since you can begin working with an attorney on your case immediately. Do not wait to speak with a workers’ compensation lawyer in South Florida and to move forward with your case.

2. Injuries Must Arise Out of a Worker’s Job to Be Compensable 

In order for an injury to be compensable through the workers’ compensation system, the injury must arise out of your job. In other words, you must be working or performing work-related duties when the injury occurs in order to be eligible for workers’ compensation benefits.

3. Sometimes Work-Related Injuries Are Not Compensable 

While most work-related injuries are compensable, there are some exceptions, such as cases in which a worker intentionally causes his or her injury. To be clear, a worker’s own negligence will not prevent that worker from obtaining benefits, however. If you’re asking, can I receive Florida workers compensation benefits even if I was partially at fault, the answer is generally yes—fault is not typically a barrier unless the injury was self-inflicted or occurred while violating workplace policies, such as being under the influence.

4. Injury Documentation is Necessary for Every Case 

You should document all aspects of your workplace injury since this evidence will be essential for your workers’ compensation claim. Keep records of the date and time you reported the injury to your employer, copies of your medical records, and any other relevant documentation.

5. Workers’ Compensation Can Provide a Variety of Benefits 

Workers’ compensation benefits are known for covering medical bills associated with your work injury, but you should know that workers’ compensation benefits can compensate employees for additional losses, as well. In addition to medical bills, workers’ compensation payments can compensate an injured worker for lost wages and for temporary or permanent disabilities. In work injuries that result in death, the worker’s surviving family can also be eligible to receive benefits. It’s also natural to wonder, can I lose my job for filing a claim? While Florida law prohibits retaliation against employees for seeking benefits, it does not require your employer to hold your position indefinitely—making it important to document everything and understand your rights fully.

Contact Our Sunrise Workers’ Compensation Attorneys 

Do you have questions about seeking workers’ compensation benefits in South Florida? One of the dedicated Fort Lauderdale workers compensation lawyer can help. Contact the Law Offices of David M. Benenfeld, P.A. today for more information.

Resource:

myfloridacfo.com/Division/wc/