Videos

  1. What time limits apply in workers compensation cases in Florida?
  2. When are wage loss payments made and how are the calculated?
  3. What if the injury was the employee’s fault?
  4. What if my Florida employer tells me not to file a workers compensation claim or threatens to fire me if I do?
  5. Can I receive social security benefits and worker’s compensation at the same time?
  6. Do I have to be injured at my workplace to be covered by worker’s compensation in Florida?
  7. Do I have to pay any part of my medical bills for a work-related injury in Florida?
  8. How do workers compensation attorneys charge for their services?
  9. How long after a florida accident do I have to report the injury to my employer?
  10. How long can I receive workers compensation benefits in florida if I am totally disabled?
  11. How long do I have to work for my florida employer to be covered under workers comp?
  12. Should I consult with an attorney if I receive notice that my florida workers compensation claim has been denied?
  13. What happens if I am injured on the way to or from work in florida?
  14. What is considered an on the job injury illness or death in florida?
  15. What is temporary disability?
  16. What is total disability?
  17. What is workers comp?
  18. What kind of benefits will I receive?
  19. What should I do if I have been injured on the job in florida?
  20. When are wage loss payments made and how are they calculated?
  • There are various time limits that apply to a worker's comp case in Florida. First, you have to report your accident within 30 days to your employer. Next, if you want to seek any type of benefit or claim against the insurance company, you have two years from the date of accident, or one year from the last time you saw a medical doctor under worker's comp, or received any type of benefit from the insurance company. Those are the time limits to file the claim.
    However, there are a few exceptions to that rule. I would recommend you discussing those exceptions with a worker's comp attorney, to see if your case applies to any of those exceptions.
  • Wage loss payments are made when a worker's comp doctor says that you cannot work as a result of the accident or that you have physical restrictions that your employer cannot accommodate. Everything depends on what your worker's comp doctor thinks of your injury and of your physical restrictions. How are they calculated? The insurance company looks at the last 13 weeks that you worked with the employer to take an average of what you earned during those weeks. However, there are a lot of nuances in calculating the wage loss payments that should be made to an injured worker, and I would recommend hiring a lawyer or consulting with a lawyer to determine if you're getting paid correctly by worker's comp. If they don't pay you correctly, you may be entitled to penalties and interest.
  • Even if the injury was the employee's fault, under workers comp law in Florida, he's still entitled to receive workers comp benefits, the medical, the lost wages. Some of the benefits, however, may be reduced, depending on what exactly cause the accident, or what he or she did to cause the accident. And I would recommend that you consult a workers comp attorney, to see if your benefits may be reduced by your actions.
  • Under Workers' Comp Law, Florida law, you're protected if your employer takes any action against you for filing a Workers' Comp claim such as firing you, retaliating against you in any way. You can actually file a separate lawsuit against them and seek damages for them taking that type of action.
    Now, if your employer tells you to not file a Workers' Comp claim, I would recommend that you discuss that with a lawyer, so you know what your rights are and what your abilities are under Workers' Comp.
  • You can receive social security benefits and workers comp benefits at the same time. There may be an offset that will be taken either by social security, or the workers comp carrier. The important thing to remember is to always declare that you're receiving both at the same time, to social security and to workers comp, in order to avoid and allegations of fraud or misrepresentation.
  • You do not have to be injured at your workplace to be covered by workers' comp in Florida. You could be injured at a social or recreational event sponsored by your employer, and you may be entitled to workers' comp rights. Also, if you're a traveling employee depending on what you're doing at the time that you're injured you may also qualify for workers' comp benefits under Florida. In addition, if your employer asks you to do a special errand for them such as pick up the photocopies for the presentation before you get into work today and you get into an accident while you're doing that special errand you may also qualify for workers' comp benefits in the state of Florida.
  • Whether or not you have to pay your medical bills for a work-related injury in Florida is going to depend on whether you qualify for benefits under the workers' comp law. If you report your accident to your employer, ask for medical care, they send you to a workers' comp doctor, in that scenario, you don't have to repay those bills. However, if you go outside of the workers' comp system, you may need to repay those bills. I recommend speaking to a lawyer, a workers' comp lawyer, who can kind of guide you through this process and let you know whether or not your medical bills need to be paid.
  • Normally, a workers' comp attorney charges a contingency fee, which means that they get a percentage of whatever benefits or monies they collect on your behalf. If they don't collect any benefits or monies for you on your behalf, then they do not get paid anything.
  • You have 30 days to report your injury to your employer. And it's very important to do that, because even if you have a small accident where you don't feel a lot of pain, sometimes pain comes after 30 days, and you want to make sure that your accident is documented by your employer within that timeframe.
  • Usually, if you're totally disabled, you can only receive workers' comp benefits up until the age of 75. However, if your accident happens after the age of 71, you may be entitled to a few more years. I would consult with an attorney, a workers' comp attorney, to discuss how long or how much your benefits would be.
  • There's no time limit on how long you have to work for an employer in Florida in order to be covered by workers' comp. The minute you stepped into that door and start performing services that you're going to receive payment for, you're covered. I've had people who have been injured on the first few hours of working for their employer and they're entitled to the same benefits as someone who's been there for 25 years.
  • You should consult a workers' comp attorney if your Florida workers' comp benefits have been denied. Insurance companies deny benefits for a multitude of reasons and you want to make sure that your rights are protected if they are wrongfully denying your benefits.
  • If you're injured on the way to or from work in Florida, you're normally not covered under Worker's Comp. However, there are a few examples, such as if you're running a special errand for your employer. For example, picking up the project for the next day or picking up tools to go meet your group on a construction site ... those are special errands and they would be covered under worker's comp. Also, if you're on the premise of your employer, such as a airport or stadium, and you're walking out of the stadium, and you have an accident, then you would be covered because you're on the premise of your employer. So generally, you are not covered when going and leaving work. However, there are a few exceptions and I would recommend that you consult with a Worker's Comp attorney to discuss whether or not your case is covered under worker's comp.
  • An on the job injury, illness or death in Florida can fall under a couple of categories. When you think of on the job injury, you probably think of the run-of-the-mill case where someone has a trip and fall accident and injures their knee or their back or their shoulder. But, an on the job injury is also something that can happen over time. For example, a factory worker that spends eight hours a day manipulating small devices and causes injuries, permanent injuries to her arms or neck or shoulder. That is also considered an on the job injury. Finally, you can also have an on the job injury when you're exposed to some type of chemical or product that causes you harm over time. Those three categories are the different types of on the job injuries that someone can have.
  • There are two types of temporary disability in Florida under workers' comp. The first one is temporary total disability, where your doctor says you can't work in any capacity. In that scenario, you would receive 66 and two-thirds of your salary until the doctor says that you can go back to work or that you can work with certain restrictions and your employer can accommodate your job within those restrictions that the doctor has assigned. The second is temporary partial disability. Temporary partial disability is when the doctor, the workers' comp doctor, has you on restrictions because of your accident, and your employer can not accommodate those restrictions. In that scenario, you would also receive wage benefits. However, they're calculated different from the temporary total disability benefits, and I would benefit that you discuss how much your benefits should be from a workers' comp attorney in order to make sure that you're receiving the right amount of benefits.
  • There are two types of total disability. The first one is temporary total disability, where you're seeing your worker's comp doctor after a work accident and he says you can't work in any capacity while you're treating with him. In that scenario, you would get 66 2/3 of your pre-accident salary while you're recovering from your injuries.
    The second type is permanent total disability, and that's where you're telling the worker's comp system that because of this accident, you cannot work within a 50-mile radius of your home with the permanent restrictions that you have assigned to you be the worker's comp doctor. In that scenario, you would also get 66 2/3 of your salary up until the age of 75.
  • So Worker's Comp is a system in place by the Florida legislature and our laws that governs what happens when a worker gets injured, so it will tell you what benefits you're entitled to, and it will also tell you what responsibilities your employer has to you when you get injured on the job.
  • When you're injured on the job, there is multitude of benefits that you're entitled to. The insurance company isn't going to sit down with you and tell you all your benefits. The employer is not going to sit down with you and describe all these benefits, so it's important to speak to someone who has the knowledge such as an attorney who does worker's comp to help you guide you through all the types of benefits that you're entitled to. And in a nutshell, the type of benefits that an injured worker is entitled to are medical benefits and compensation for time out of work, also known as indemnity benefits.
    Medical benefits include, again, a multitude of different types of benefits such as surgery, doctors, medical care, medical devices, emergency room care if you're in a situation where you can't reach your worker's comp doctor. And indemnity benefits, lost wage benefits also have different categories depending on whether you can't work at all, or whether you have different types of limitations that your job cannot accommodate.
    That's a summary of the types of benefits that you can get under the law. However, because there's so many different ones, I would encourage you to discuss what you're entitled to specifically with an attorney.
  • The first thing you have to do when you're injured on the job in Florida is to report your accident to the employer. Your employer needs to be made aware of what happened to you, how minimal or small the accident may have been so they can document that for their insurance company. And then the second thing you should do is seek or request medical care from your employer. Tell them that you want to see a doctor, even if the accident, again, is very minimal, you never know what type of damage you may have suffered and the only one that can help you with that is a doctor. And then the third thing is to educate yourself. The best way to educate yourself is to do research online and also speak to people who are in this line of business, such as attorneys who work on worker's comp cases and can help you, guide you through the process and make sure you get all the benefits that you're entitled to.
  • Wage loss payments are made when a worker's comp doctor says that you cannot work as a result of the accident or that you have physical restrictions that your employer cannot accommodate. Everything depends on what your worker's comp doctor thinks of your injury and of your physical restrictions. How are they calculated? The insurance company looks at the last 13 weeks that you worked with the employer to take an average of what you earned during those weeks. However, there are a lot of nuances in calculating the wage loss payments that should be made to an injured worker, and I would recommend hiring a lawyer or consulting with a lawyer to determine if you're getting paid correctly by worker's comp. If they don't pay you correctly, you may be entitled to penalties and interest.