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Experienced Florida Workmen’s Comp Attorneys Answer The Most Frequently Asked Questions


Whether you are lifting materials on a construction site, keeping things running in an office, or waiting tables in a bustling restaurant, Florida workers contribute daily to the success of various businesses and employers. Unfortunately, work also presents the possibility of suffering a personal injury on the job, incurring medical bills, dealing with lost wages, and obtaining medically necessary treatment to support your recovery.

When the unexpected happens, understanding your rights under workers’ compensation law and the workers’ compensation benefits available to you is vital. This blog, from knowledgeable and experienced workmen’s comp attorneys in South Florida, answers the most frequently asked questions we receive from injured workers who seek our help in the aftermath of work-related accidents.

Have you already suffered a workplace injury? Keep reading to learn more, then contact us at (954) 677-0155 to schedule your free initial consultation.

How Do Florida Workers’ Compensation Laws Work?

Florida’s workers’ compensation system provides medical benefits and wage replacement for employees who suffer work-related injuries or illnesses. The benefits provided under Florida’s workers’ compensation laws include coverage for medical treatment related to the work injury, temporary disability benefits, permanent impairment benefits, vocational rehabilitation services, transportation expenses, and death benefits for surviving dependents.

Is My Employer Required to Cover Workers’ Compensation Insurance?

Most employers in Florida are required to provide workers’ compensation insurance for their employees. This coverage extends to full-time, part-time, and seasonal workers. Employers must display a notice with workers’ comp information in a prominent place where employees can see it.

What Types of Injuries Sustained in Workplace Accidents Qualify for Workers’ Compensation Benefits?

Workers’ compensation benefits may be available for employees injured on the job, including acute injuries like fractures or sprains, repetitive motion injuries, occupational illnesses, and aggravation of pre-existing conditions due to work-related activities. Some of the most common workers’ comp injuries include:

  • Slips, trips, and falls
  • Falls from heights
  • Injuries caused by falling equipment or other objects
  • Machine injuries
  • Muscle strain / soft tissue damage
  • Fractured or broken bones
  • Repetitive strain injuries
  • Burns or explosions
  • Electrocution
  • Auto accidents
  • Noise exposure (hearing loss)
  • Walking into objects
  • Spinal cord injuries
  • Loss of limb
  • Cuts or lacerations
  • Assaults, fights breaking out at work, etc.

What If I Was Injured by a Tool or Equipment in a Workplace Accident?

If a tool or device inflicted an injury on you, a common occurrence in construction accidents, you have a valid workers’ compensation claim, regardless of a malfunction. Florida operates under a no-fault system, meaning it does not matter how the workplace injury occurred. If the accident happened during work, workers’ compensation covers it.

What Type of Workers’ Compensation Benefits Are Available to an Injured Employee?

Medical care from an authorized treating physician is the most common benefit. Approved medical care can include physical therapy, a chiropractor, a general practitioner, an orthopedist, a neurologist, or a pain management specialist. Depending on the scope and severity of your injuries, you could potentially qualify for temporary total benefits for up to two years, if unable to return to work.

In the unfortunate event that you suffer injuries so severe that you cannot return to work in the same capacity, you could qualify for permanent total disability checks. If eligible, you would receive these benefits until you reach age 75.

When Should I Inform My Employer About My Injury?

Employees who suffer a work-related injury or illness must report the incident to their employer within 30 days. Employers must report the injury to their workers’ compensation insurance carrier within seven days of notification. Employees injured on the job can additionally file a claim with the Florida Division of Workers’ Compensation within two years of the injury and/or one year from the date of the last authorized medical treatment, whichever is later, to safeguard their rights.

Will I Lose My Job If I File a Workers’ Compensation Claim?

Florida law prohibits employers from firing employees who file a workers’ compensation claim following an injury on a job, although they can fire you for unrelated reasons. Contact a workers’ compensation attorney right away if your employer threatens to fire you for filing a claim or tries to stop you from filing one. A knowledgeable and experienced workers’ compensation lawyer will help you file the claim while protecting your interests and securing the medical attention you need.

What Happens If My Employer Refuses to Report My Worker’s Injury to The Employer’s Insurance Company?

As an experienced South Florida workers’ compensation attorney can attest, state law requires your employer to report your injury to their insurance company. In fact, employers must adhere to all requirements under Florida’s workers’ compensation law, including providing insurance coverage, reporting work-related injuries, and cooperating with the claims process. An experienced lawyer can represent your interests if your employer does not comply with the law.

I’m Receiving Workers’ Compensation Benefits. What Are My Obligations?

Once approved to receive benefits, you must comply with the requirements of the insurance carrier, including attending medical exams with authorized treating physicians.

Can I See My Own Doctor to Treat Injuries Caused by a Workplace Accident?

Workers’ comp insurance carriers require injured employees to see doctors from the insurance carrier’s approved list of doctors. While you do not have the right to seek medical care from the doctor of your choice, your initial injury diagnosis and care administered in an emergency setting should come from a doctor practicing in the same specialty as your injury, who is also under contract with the workers’ compensation insurance company, if at all possible.

What are Considered Authorized Medical Bills in Workers’ Compensation Cases?

Authorized medical expenses typically include treatment deemed necessary to cure or relieve the symptoms of a work-related injury or illness, including, but not limited to:

  1. Doctor visits and consultations
  2. Hospital bills
  3. Surgical procedures
  4. Prescription medications
  5. Physical therapy sessions
  6. Diagnostic tests (e.g., X-rays, MRIs)
  7. Durable medical equipment
  8. Vocational rehabilitation services

How Do I Deal with Dispute Resolution?

Disputes regarding workers’ compensation claims are resolved through the Florida Division of Workers’ Compensation, a process that may involve mediation, hearings before a Judge of Compensation Claims and Appeals.

Injured on the Job? Don’t Go It Alone. The Law Offices of David M. Benenfeld, P.A., Your Fort Lauderdale Workers’ Compensation Law Firm, Is Ready to Help

If you have suffered an injury while performing your job duties, you have a right by law to receive workers’ compensation. From our Sunrise office, our legal team at the Law Offices of David M. Benenfeld, P.A. rights wrongs in and around Fort Lauderdale, FL. Let us help you seek maximum compensation for lost income and secure required medical treatment so you can focus on recovering from your personal injury accident with peace of mind. Call us today at (954) 677-0155 or complete our online form to schedule a free consultation.

At the Law Offices of David M. Benenfeld, If You’ve Been Hurt – We Can Help!

Copyright © 2024. Law Offices of David M. Benenfeld, P.A. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Law Offices of David M. Benenfeld, P.A.
7800 West Oakland Park Blvd, Building F, Suite 216
Sunrise, FL 33351
(954) 677-0155

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