The aftermath of a Florida workplace injury is often a confusing and overwhelming process, with the pursuit of compensation for workplace injuries often leaving injured workers with a multitude of questions about what steps to take in the aftermath. To simplify the process, we have answered some of the most basic questions about workers’ compensation claims.
What is Workers’ Compensation and What Does it Entail?
Workers’ compensation is an agreement between an employer and an employee where an employee receives medical benefits and financial assistance for a workplace injury. The worker and employer both benefit from this agreement, because these benefits are usually provided without the determination of fault or negligence, and because workers forfeit the right to file a lawsuit against the company. Benefits may include payment for doctor visits, hospitalization, physical therapy, prescriptions, medical tests, wage replacement, and others.
Does My Employer Have Workers’ Compensation Coverage?
It is important to find out if your employer is compliant with state workers’ compensation laws. Florida workers may check online if their employer has workers’ compensation coverage through the website of the Florida Department of Financial Services. Employers must have workers’ compensation coverage if they are in an industry other than construction and have four or more employees, if they are in the construction industry and have one or more employees (including the employer), if they are a state or local government, or if they are a farmer and have more than five regular employees and/or twelve or more other workers for seasonal agricultural labor lasting thirty days or more.
What is the Process of Reporting a Workplace Injury?
Work-related injuries should be reported to an employer as soon as possible, but no later than thirty days from either the date the accident occurred or the date a doctor said you were suffering from a workplace injury. Your employer should then report your injury to their insurance provider. If your employer does not report your injury or illness, the workers’ compensation information should be posted in your workplace. If this is the case, you may contact the insurance provider and report the injury yourself.
How Should I Ensure That I Am Treated Fairly by My Employer and Their Insurance Carrier?
Employers, especially large companies, may attempt to deny and minimize workers’ compensation claims. To ensure that you are treated fairly in this situation by your employer and their insurer, you may wish to consult quality legal counsel. A workers’ compensation lawyer will understand how to best protect your legal rights, as well as determine a course of action to seek maximum compensation for your injuries. The workers' compensation lawyers at Morgan & Morgan will review your case for free, so do not hesitate to contact them today by completing our risk-free, no-cost case evaluation form.