- Workers' Compensation
If you’ve been injured on the job in Florida, you are probably wondering “What does workers comp cover?” Florida’s workers’ compensation system provides coverage for employees who suffer from work-related injuries or illnesses, offering various benefits to help them recover physically and financially.
Whether you’ve sustained a serious injury or have a condition caused by repetitive stress, knowing what workers’ compensation covers is essential. This blog will walk you through the key aspects of Florida’s workers’ comp system, the benefits available, and how a Miami workers’ compensation lawyer can help you get the compensation you deserve.
What Does Workers Comp Cover?
Florida’s workers’ compensation system covers a wide range of injuries and occupational illnesses that occur while on the job. Whether you’re injured in a sudden accident or develop a condition over time due to repetitive tasks or exposure to harmful substances, workers’ comp is designed to provide relief. Common types of injuries and illnesses covered include:
- Traumatic Injuries: These are injuries resulting from accidents, such as slips and falls, being struck by an object, or machinery accidents. Fractures, head injuries, and lacerations often fall under this category.
- Repetitive Stress Injuries: These develop over time due to repetitive motions required by the job, such as carpal tunnel syndrome from typing or back injuries from lifting.
- Occupational Illnesses: Workers exposed to harmful chemicals or environments may develop diseases like respiratory illnesses, mesothelioma, or skin conditions.
- Aggravation of Pre-existing Conditions: If a work-related incident worsens a pre-existing condition, you may still be eligible for workers’ compensation benefits.
It’s important to note that to be eligible for workers’ comp, your injury or illness must be directly related to your job duties. Injuries sustained while commuting or off-the-clock activities generally don’t qualify for coverage, but exceptions do apply depending on the nature of the work.
Medical Care in Florida Workers’ Compensation
One of the primary benefits provided by Florida’s workers’ compensation system is medical coverage. This includes all reasonable and necessary medical treatment required to treat your work-related injury or illness. The medical benefits available under workers’ comp include:
- Doctor Visits: Workers’ comp covers the cost of medical consultations, check-ups, and follow-up visits with authorized healthcare providers.
- Hospitalization: If your injury requires surgery or other extensive treatment that involves hospitalization, workers’ comp will cover those costs.
- Specialist Referrals: Sometimes, you may need to see a specialist for your condition, such as an orthopedic surgeon, neurologist, or chiropractor. Workers’ comp covers these referrals as long as they are approved by your employer’s insurance provider.
- Prescription Medications: Any medications prescribed by your doctor to help treat your work-related injury or illness will be covered under workers’ compensation.
- Rehabilitation Services: Physical therapy, occupational therapy, and other rehabilitative services are often necessary for recovery. These services are also covered by workers’ comp to help you regain your ability to work.
- Medical Equipment and Supplies: If you need medical devices like crutches, wheelchairs, or braces, workers’ comp will cover the cost of these items.
The key to receiving medical benefits is ensuring that you only visit healthcare providers authorized by your employer’s workers’ compensation insurance. If you see an unauthorized doctor, your treatment may not be covered.
Workers’ Compensation Benefits
Another critical aspect of workers’ comp in Florida is wage replacement. If your injury prevents you from working, workers’ compensation benefits replace some of your lost income so that you can still support yourself while recovering. There are several types of disability benefits available.
Temporary Total Disability Benefits
If your injury completely prevents you from working for a temporary period, you may receive TTD benefits. These benefits amount to 66 2/3% of your average weekly wage, up to the maximum benefit set by Florida law. TTD benefits continue until you are able to return to work or reach maximum medical improvement (MMI), which is the point where your condition has stabilized and is unlikely to improve further.
Temporary Partial Disability
If you are able to return to work but cannot perform your full job duties or must work reduced hours, you may be eligible for TPD benefits. These benefits cover the difference between your pre-injury wages and your current earnings, up to a specific limit.
Impairment Income Benefits (IIB)
If your injury or illness results in a permanent impairment, you may qualify for IIBs once you reach MMI. The amount of these benefits is based on the degree of your impairment as determined by your doctor and can vary depending on the severity of your injury.
Permanent Total Disability (PTD)
If your injury is so severe that you are unable to return to work in any capacity, you may qualify for PTD benefits. These benefits provide ongoing wage replacement similar to TTD but are designed for workers who are permanently unable to work due to their injury.
The duration and amount of wage replacement benefits depend on the severity of your injury and how long you are expected to be out of work.
Death Benefits
In tragic cases where a worker dies as a result of a workplace injury or illness, workers’ compensation in Florida provides death benefits to surviving dependents. These benefits are designed to help ease the financial burden on the worker’s family after their passing. Death benefits can include:
- Funeral Expenses: Workers’ comp will cover up to $7,500 in funeral and burial expenses for the deceased worker.
- Wage Replacement: Surviving dependents, such as a spouse or minor children, may receive wage replacement benefits amounting to a percentage of the worker’s average weekly wage. These benefits continue for a set period or until specific conditions are met, such as a spouse remarrying or children reaching adulthood.
- Education Benefits: In some cases, surviving spouses may be eligible for education benefits to help them pursue job training or educational opportunities following the worker’s death.
Vocational Rehabilitation
In cases where a worker is unable to return to their previous job due to a work-related injury, vocational rehabilitation services may be available through Florida’s workers’ comp system. These services include job placement assistance, retraining, and other resources to help injured workers find new employment that accommodates their physical limitations. The goal of vocational rehabilitation is to help injured workers reenter the workforce as soon as possible, even if they cannot return to their prior job role.
What Florida Workers’ Comp Does Not Cover
While Florida’s workers’ compensation system provides broad coverage, there are some things it does not cover, including:
- Pain and Suffering: Workers’ comp does not provide compensation for non-economic damages like pain and suffering or emotional distress, which are commonly awarded in personal injury lawsuits.
- Intentional Injuries and Intoxication: If a worker intentionally injures themselves or is hurt under the influence of drugs or alcohol, workers’ comp benefits may be denied.
- Independent Contractors: Workers’ comp is only available to employees. Independent contractors may not be eligible unless they are misclassified and legally considered employees.
How a Miami Workers’ Comp Lawyer Can Help
Navigating Florida’s workers’ comp system can be complex, especially when dealing with medical bills and potential disputes with your employer or their insurance company. A skilled Miami workers’ compensation lawyer can help you understand your rights, gather necessary documentation, negotiate with insurance providers, and represent you if your claim is denied.
Contact Workers’ Compensation Lawyers Coalition today at (786) 686-2857 for a free case review.