- November 8, 2022
If you are in Florida and looking for general information about Florida workerās compensation laws, this article would be helpful. For starters, a worker/employee injured while on the job can seek workerās compensation in Florida.
However, things arenāt as simple as it sounds. To simplify, here is everything you should preliminarily know about workerās compensation. And if they still seem not your cup of tea, hiring a Florida workersā compensation attorney is recommended to be safer.
What is workerās compensation?
Florida workerās compensation is a type of insurance provided to employers. With the help of workerās compensation insurance, employers are liable to compensate the employees/workers injured on the job. Florida has a no-fault workerās compensation law. This means it doesnāt consider the workerās fault when providing workerās compensation.
The injured workerās employer has to compensate for the losses (injuries, medical expenses, etc.) regardless of who was at fault for the injury.
Florida workerās compensation also protects employers from lawsuits from injured workers.
Which employers need to carry Florida workerās compensation?
The workerās compensation laws vary from state to state in Florida. In general, all employers with four or more employees must carry workerās compensation insurance. This insurance covers both part-time and full-time workers.
However, sole proprietors are not required to carry Florida workerās compensation. They are, however, free to carry one voluntarily. Also, agricultural businesses with six or more employees and 12 or more seasonal employees must carry one along with construction companies.
Workerās compensation laws in Florida are strict, and the defaulting business has to pay the penalty and halt their business operations if found not carrying a valid workerās compensation insurance. Some businesses can also apply for exemption from carrying a workerās compensation in Florida by complying with the required procedures.
All other businesses are required to mandatorily have Florida workerās compensation insurance to avoid legal battles.
What is not covered under workerās compensation in Florida?
Florida law provides 100% coverage for medical expenses and lost wages. However, it does exclude other types of compensation from within its purview like:
- Pain and suffering
Unlike other personal injury lawsuits, Florida workerās compensation doesnāt cover pain and suffering. This is to say that lawyers and plaintiffs cannot sue the employer to recover the losses resulting from pain and suffering. They cannot file compensation for recovery of non-monetary damages. Cases where the injuries lead to depression and poor mental health, resulting in pain and suffering, are excluded.
- Injuries inflicted outside the work
Workerās compensation in Florida only covers injuries inflicted within the workplace while carrying out employment duties. Injuries inflicted during the working day but not while carrying out the duties are excluded. For instance, workers who met with an accident while driving to work will not be covered under workerās compensation.
However, if the accident occurred while the worker was on official work will be covered under workerās compensation.
- Self-inflicted injuries
Self-inflicted injuries incurred within the workplace do not form part of workerās compensation. For instance, injuries caused due to behavioral issues like fighting with other co-worker and being drunk does not count.
Apart from these, other special conditions are not covered under workerās compensation as well, like:
- Pre-existing injuries (if aggravated by a work injury will be counted)
- Injuries caused by acts of gods
- Basic injuries like flu, bruises, or cuts
What to do after being injured at work?
If an injured worker wants to increase his chances of getting fair workerās compensation, he has to act accordingly. Here is what an employee should do immediately after being injured at the job:
- Report the injury to the employer
The first thing to do after being injured at a job is to inform the employer (or allow a co-worker to inform the employer) about the injuries. This should be done as soon as possible, within 24 hours.
- Seek medical attention
Employees can seek preliminary medical attention for the injuries at the workplace dispensary or independently. Remember, when the insurance carrier is informed of the injuries, the injured worker has to get their injuries treated by the authorized doctor to be eligible for compensation.
- Do as directed by the employer
Once the employer informs them of the work accident to his insurance carrier, the insurance carrier contacts the injured employee.
The insurance carrier specifies all the requirements for getting the workerās compensation to the injured worker. It specifies the contact details of the authorized doctor. As per the email, the injured employee must also report the accident in detail, specifying how the accident happened, the injuries, and personal details.
There are a few circumstances where an injured worker can change the currently authorized doctor. However, it includes only special circumstances. A workerās compensation attorney by your side helps better in such situations. As per workers compensation Florida, a worker can only change an authorized doctor once, under the condition that the other authorized doctor will be chosen from the insurance carrierās authorized doctors list.
How can Floridaās workerās compensation attorney help you
In many circumstances, an injured worker would need an attorneyās help. Some of these circumstances include:
- When the estimated compensation hasnāt covered the expenses incurred in injuries
- When the insurance carrier denies the claim
- When an injured worker wants to change the authorized doctor
- When the employer wants the injured worker to join back work
- When injured workers want to know their rights as part of workerās compensation
There are many other situations when an injured worker could take the help of a workerās compensation attorney. Florida workerās compensation gives full freedom to the injured worker to hire attorneys when it deems fit.
If you are injured at work and arenāt certain if your injuries will be covered under workerās compensation, consult a workerās compensation attorney in Florida.