Rights Of Injured Workers Under Florida Workers Comp Law

Florida’s workers’ compensation system offers vital support to employees who suffer from job-related injuries or illnesses. Understanding these rights is essential for workers to receive the benefits they are entitled to.

RIGHTS OF INJURED WORKERS IN FLORIDA

Workers in Florida who encounter workplace injuries have several entitlements under the state’s workers’ compensation framework:

MEDICAL CARE

Injured workers are entitled to necessary medical treatments, including doctor visits, surgeries, hospital stays, medications, and rehabilitation services. Treatment should be obtained from a physician chosen from an employer or insurer-approved list. If additional specialist care is needed, approval can be requested.

WAGE COMPENSATION

Employees who need time off work due to an injury can receive compensation for lost wages. This amount is typically two-thirds of the worker’s average weekly wage, within state-imposed limits. Medical documentation is required to justify the need for time off.

RETALIATION PROTECTION

Florida law protects employees from retaliation by employers when they file for workers’ compensation. This means employers cannot legally dismiss, demote, or harass a worker for pursuing benefits. Workers facing retaliation can file complaints or seek legal action.

PERMANENT DISABILITY COMPENSATION

If an injury results in permanent disability, workers may qualify for additional benefits based on the severity and impact of the disability. A medical evaluation will determine the extent of the disability and how it affects job capabilities.

VOCATIONAL REHABILITATION

Workers who cannot return to their previous jobs due to their injuries can access vocational rehabilitation services, including job retraining and assistance in finding new employment suited to their physical capabilities.

DEATH BENEFITS

In cases of a work-related death, families may receive death benefits. These cover funeral expenses and offer financial support to dependents, based on the deceased worker’s earnings and the number of dependents.

WORKERS COMP VS PERSONAL INJURY CLAIMS IN FLORIDA

Deciding between a workers’ comp claim and a personal injury claim depends on the nature of the injury.

ELIGIBILITY AND SCOPE

Workers’ compensation covers workplace injuries without needing to prove fault. Personal injury claims require proof of negligence by another party and apply to situations such as car accidents or slip and falls.

TYPES OF COMPENSATION

Workers’ comp provides medical care and wage replacement but does not cover pain and suffering. Personal injury claims can include these damages and more, potentially leading to larger settlements.

LEGAL PROCESSES

Workers’ compensation claims are handled administratively and are typically quicker but have limited appeal options. Personal injury claims go through the civil court system, which can be lengthy but allows for a jury trial.

Injured workers are entitled to necessary medical treatments, including doctor visits, surgeries, hospital stays, medications, and rehabilitation services.

BENEFITS AND LIMITATIONS

Workers’ compensation offers certainty and quick access to benefits, while personal injury claims provide broader compensation but require proving fault, which can be challenging.

SCENARIOS FOR EACH CLAIM

Workplace injuries generally fall under workers’ compensation. Personal injury claims are more suitable for incidents involving third-party negligence, such as traffic accidents.

DO I GET PAID IF I GET INJURED AT WORK IN FLORIDA?

Yes, if you’re injured at work in Florida, you can receive workers’ compensation benefits. This typically includes medical care and wage replacement, usually two-thirds of your average weekly wage, subject to state limits, as long as the injury is work-related.

CAN I SUE MY EMPLOYER FOR WORKPLACE INJURY IN FLORIDA?

In Florida, you generally cannot sue your employer for a workplace injury due to the workers’ comp system, which covers medical expenses and lost wages. However, you might sue if the injury resulted from intentional harm or if a third party is involved. Legal advice is recommended.

CAN YOU TERMINATE SOMEONE ON WORKERS COMP IN FLORIDA?

In Florida, you can’t fire someone just for being on workers’ comp. However, they can be terminated for other valid reasons, like company layoffs or performance issues, as long as it’s not retaliation for filing a workers’ comp claim. Always check with a legal expert for specifics.

LEGAL SUPPORT

Though not a requirement, consulting a workers’ compensation attorney can be highly beneficial, particularly in complex cases or when claims are denied. Victor Malca P.A., a firm with over 27 years of experience, focuses on representing injured workers to secure fair compensation. Offering free consultations, their offices in Miami-Dade and Broward Counties are accessible to those seeking legal advice. 

VICTOR MALCA – Florida Workers Compensation & Social Security Disability Attorney

Victor Malca P.A. has over 27 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success when fighting for his clients puts him among the most trusted workers’ compensation attorney’s in Florida. He specializes in representing injured workers on compensation benefit cases and disabled individuals claiming lost social security disability benefits.

Book a free consultation today. Our unwavering advocacy for employee rights and privileges are recognized by our past clients across South Florida.

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