If I Get Injured at Work Do I Get Paid?

Suffering a work injury can be a stressful and uncertain time. You may be asking yourself, “If I get injured at work, do I get paid?” The answer is yes—Florida’s workers’ compensation system is designed to provide financial support to employees who are hurt on the job. These benefits are meant to cover medical care, wage replacement, and other necessary expenses while you recover.

A Fort Lauderdale workers’ compensation lawyer can help navigate the system and ensure that you receive the support you’re entitled to as an injured employee.

How Soon Do Workers’ Compensation Benefits Start?

If you’ve been injured at work in Florida, one of the first questions that likely comes to mind is how soon you’ll start receiving benefits. While workers’ comp does provide financial support to injured workers, there is an important waiting period to consider.

Under Florida law, you will not receive wage replacement benefits for the first seven days you miss work unless your total time off exceeds 21 days. If you miss more than 21 days due to your injury, you will retroactively be compensated for those initial seven days. However, if you return to work before reaching 21 days off, you won’t be paid for that first week.

It’s crucial to note that although wage replacement doesn’t kick in immediately, your medical benefits are covered from day one. Whether you need doctor’s visits, surgery, or rehabilitation, your workers’ compensation insurance should take care of these costs as long as your treatment is authorized.

Types of Workers’ Compensation Benefits in Florida

In Florida, there are several types of workers’ compensation benefits available depending on the nature and severity of your injury. These benefits are designed to cover your medical treatment, replace a portion of your lost wages, and provide disability benefits if your injury results in permanent impairment.

Medical Benefits

One of the key components of Florida workers’ compensation is medical treatment. From the moment you suffer a work-related injury, your employer’s workers’ compensation insurance is responsible for covering the cost of all necessary and reasonable treatment for work-related injuries.

These medical benefits include:

• Doctor visits
• Hospitalization and surgery
• Physical therapy and rehabilitation
• Prescription medications
• Medical devices (e.g., crutches, braces)

As long as you receive care from a provider authorized by the workers’ comp insurance company, your medical bills will be covered.

Temporary Total Disability Benefits

If your work-related injuries are severe enough that you are temporarily unable to return to work, you may qualify for temporary total disability benefits. These benefits provide wage replacement while you are recovering and unable to perform your regular job duties. TTD benefits pay two-thirds of your average weekly wage (AWW), subject to a statewide maximum.

TTD benefits continue until you either recover and can return to work or you reach maximum medical improvement (MMI), the point at which your condition is unlikely to improve further with treatment.

Temporary Partial Disability Benefits

If you can return to your job with work restrictions but are earning less than 80% of your pre-injury wages, you can receive temporary partial disability (TPD) benefits. These help cover the difference between your usual income and earnings on light duty.

TPD benefits are 80% of the difference between your post-injury wages and 80% of your normal wages.

Impairment Income Benefits (IIB)

If your workplace injury results in a permanent impairment but doesn’t render you completely disabled, you may be entitled to impairment income benefits (IIB). Once you reach maximum medical improvement, your doctor will assign you an impairment rating based on the severity of your permanent limitations.

Your impairment rating will determine how long you receive IIBs, which are typically paid at 75% of your regular TTD rate.

Permanent Total Disability Benefits

For employees who suffer catastrophic injuries and are unable to return to any type of work, permanent total disability benefits provide ongoing wage replacement. PTD payments cover two-thirds of your average weekly wage.

You can receive permanent total disability until you turn 75 or the rest of your life if you don’t qualify for Social Security benefits.

How Are Average Weekly Wages Calculated?

In Florida, your average weekly wage (AWW) is a key factor in determining compensation for workplace injuries. The AWW is calculated based on your earnings during the 13 weeks before your work-related injury. This includes your regular wages, bonuses, overtime pay, and other benefits you might have earned.

If you worked less than 13 weeks before your injury, your AWW may be based on the earnings of a similar employee in your position.

What to Do If You’re Injured at Work

If you’ve been injured at work, filing a workers’ compensation claim is the first step toward receiving the benefits you need to recover. Here’s a general overview of the claims process in Florida:

Report the Injury to Your Employer

As soon as possible after your on-the-job injury, you must report the incident to your employer. Florida law requires you to notify your employer of a work injury within 30 days of the accident or the date you became aware of a work-related illness. Failure to report your injury within this time frame could jeopardize your ability to file a claim.

Seek Medical Care from an Approved Doctor

It’s important to seek medical attention for on-the-job injuries as soon as possible. Your employer or their insurance company will provide a list of authorized healthcare providers for you to see. It’s important to get treated by one of these providers to ensure that your medical bills are covered by workers’ comp.

File the Workers’ Compensation Claim

Your employer is responsible for filing the formal workers’ compensation claim with their insurance provider. They must submit this paperwork within seven days of your injury being reported. After the claim is filed, the insurance company will evaluate it and decide whether to accept or deny the claim.

After reporting the injury and submitting your claim, follow up with your employer and the insurance company to ensure your claim is being processed. If you experience any delays or issues, a workers’ compensation attorney can assist you.

Appeal If Your Claim Is Denied

Once your claim is submitted, the workers’ compensation insurance company has 14 days to make an initial decision. If your claim is approved, you’ll start receiving medical and wage replacement benefits. If your claim is denied, you have the right to appeal the decision.

How We Help Injured Workers

Navigating Florida’s workers’ compensation system can be complex for an injured worker. A Fort Lauderdale workers’ compensation lawyer can help make the process easier.

Filing Claims Correctly

Ensuring your workers’ compensation claim is filed accurately and on time is critical for receiving your benefits. A lawyer can help you meet all the necessary requirements.

Handling Denials

If your workers’ compensation claim is denied, an attorney can be crucial in helping you appeal the decision. They can review the reasons for the denial, gather additional evidence, and present a strong case. Legal expertise is especially important during an appeal, as the process can be complex and requires a thorough understanding of workers’ compensation laws.

Maximizing Compensation

An attorney can help ensure that you receive fair compensation for your workplace injuries, including medical benefits, wage replacement, and, if applicable, compensation for permanent disability. Employers and insurance companies try to minimize the amount they pay, but a skilled workers’ compensation lawyer will protect your rights.

Contact Our Workers Compensation Lawyers

If you’ve been injured at work, you have the right to receive benefits through Florida’s workers’ compensation system. From covering medical care to replacing lost wages, workers’ compensation is designed to provide financial support while you recover from a workplace injury. However, the claims process can be complicated, and delays or denials are common.

Working with an experienced workers’ compensation attorney in Fort Lauderdale can help ensure that you get the benefits you deserve, whether you are temporarily unable to work or facing long-term disability.

Contact the Workers Compensation Lawyers Coalition in Fort Lauderdale today for a free consultation and learn how we can help you with your workers’ compensation claim.