A Quick Look at Florida’s Workers’ Compensation Insurance
Employers in the Sunshine State must carry workers’ comp coverage as an operational requirement. In line with this, a Floridian worker harmed on the job must seek worker’s comp benefits. As a result, workers will have fewer legal options for challenging their employers.
To What Extent Do Employees Qualify for Worker’s Comp?
You can apply to the workers’ compensation system if you get hurt on the job and need money. Worker’s comp pays for medical care, lost wages, or future earning potential. There is no compensation for emotional distress, consortium loss, or lower living standard.
Can You Explain How Florida’s Workers’ Compensation System Works?
Most businesses must carry worker’s compensation insurance to safeguard their employees from financial hardship in the event of an on-the-job injury. Most companies are required to have worker’s compensation insurance. Those who employ Floridians are the ones who are required to have worker’s comp insurance:
- Employers in the agricultural sector with six or more year-round workers (must work more than 30 days but less than 45 days in a calendar year)
- Those with four or more workers
- Construction companies that employ more than one laborer
Worker’s compensation premiums are calculated by looking at factors such as a company’s payroll, claims history, and the essence of the work being performed by the employees.
How Does Florida Handle Worker’s Compensation when an Employee Is Injured on the Job?
Generally, it’s best to demand workers’ compensation benefits as soon as possible. A worker who sustains an injury or illness on the job must file a claim 30 calendar days from the incident date. Otherwise, they could jeopardize an employee’s right to workers’ compensation payments if they fail to report an accident. These benefits include, but are not limited to, the following:
- Cost of healthcare/medical expenses
- Negative financial impact or lost wages
- Opportunities missed in terms of earnings
- Prescription drugs
- Surgical instruments
- Replacing lost wages in the event of disability
- Payouts for the Disabled
- Various forms of income replacement
- Expenses obtained in getting to and from a medical facility or pharmacy that is approved for the treatment
The Impact of Disability on Workers’ Compensation Payments
Although workers’ comp may cover medical bills, it rarely compensates for lost wages. This will depend on the employee’s line of work. For example, if an accountant fractures his foot, he might have to pay for medical care out of pocket, but he should still expect to come to work the next day.
However, an ankle injury on the job in construction could lead to a temporary disability for up to six weeks. Workers’ compensation would provide lost wages and income replacement payments until the employee can return to their regular employment duties.
Worker’s Compensation Benefit Refusal Prohibitions
At least half of the injuries claimed for benefits must have occurred while working to be covered by workers’ comp. For instance, if you hurt your arm in a fall at home and subsequently tripped at work, somewhat exacerbating the injury, you probably won’t be qualified for workers’ compensation. It’s also possible that the following conditions would exclude you from receiving workers’ comp:
- You hurt yourself on the job on purpose so you could collect workers’ comp.
- An employee’s refusal to follow safety procedures or use readily available safety equipment
- The victim purposely hurt themselves.
- You were inebriated from alcohol or drugs when the accident occurred.
You cannot legally sue your employer for carelessness if you fit into one of the abovementioned groups. There is usually no case against another party due to the worker’s fault if the accident was intentionally self-inflicted or occurred because the employee was intoxicated. You would unlikely have a case against your employer if you disobeyed safety regulations on accepting risk.
Conclusion
Overall, workers’ compensation insurance is essential for both employees and employers. It helps protect employees if they are injured on the job and relieves the company from suffering from major litigation.
Depending on the line of work, there are few available types of coverage, and employers can choose the one that best suits their needs. Unless your employer can effectively supplement your occupation’s risks, you must be ready to take things to court.
Always seek medical attention after an accident, and then get in touch with the workers’ compensation attorneys at Avard Law Offices in Cape Coral or Fort Myers. We will take a look at your injuries, both physical and financial, and request fair compensation. No amount of money can ever make up for a patient’s suffering, but having an experienced attorney on their side can help ease their minds as they pursue justice. Reach out to us today!