The state of Florida requires employers to purchase workers’ compensation insurance for their employees. If you get hurt on the job or you end up suffering from a work-related illness, you have the right to file a claim for workers’ compensation benefits. While the extent of your benefits will depend on your injury, many people can expect to see financial assistance when it comes to things like:

• Medical bills
• Lost wages
• Medical equipment
• Prescription medications
• Income replacement

To help you better understand workers’ compensation, let’s think of a real-life scenario. Let’s say you work at a Fortune-500 company, and your accountant Judy, slips and falls on the job because someone left a banana peel in the hallway. Judy ends up breaking her arm in three places and has to be rushed to the emergency room for immediate surgery. Will Judy have to pay for her medical bills? Thanks to workers’ comp, she won’t!

Prohibitions on Receiving Workers’ Comp Benefits

In order for someone to quality for workers’ comp benefits in the state of Florida, at least 50% of the injury must have occured on the job. For example, if you went skiing over the weekend and fell and injured your arm, then exacerbated the injury at work by lifting a heavy box, you will likely not be eligible to receive workers’ comp benefits. You also may not receive these benefits under the following circumstances:

• The employee ignored or refused to follow safety rules or use readily available safety equipment.
• The injury occured when the employee was under the influence of drugs or alcohol.
• The injury was intentionally self-inflicted.

Pain & Suffering Benefits

As we briefly touched on above, Florida’s workers’ compensation benefits will cover medical bills and lost wages after you have been injured on the job. Unlike other states, Florida does not compensate an injured employee for pain and suffering (as you might expect with a personal injury that is not work-related).

Lost Wage Benefits

When you’ve been injured at the workplace, it’s not always easy to hop back on the saddle and get back to your usual routine. Many injured employees and sick workers face a loss of income, which can be devastating for families. If your medical condition has kept you from being able to work for a prolonged period of time, you may have the right to file a claim for lost wages with a workers’ comp attorney.

The type of lost wage benefits you receive will ultimately depend on the nature of your injury or illness. These will usually fall within three categories:

Temporary Total Disability Benefits

If your injury or illness prevents you from working for a certain amount of time, you may be able to receive temporary total disability benefits (until you go back to work). You cannot receive these benefits for more than 104 weeks.

Temporary Partial Disability Benefits

If you can go back to work after your injury but you are subject to restrictions and you cannot perform the duties you once could, you may be eligible for temporary partial disability benefits.

Permanent Total Disability Benefits

If you continue to suffer from your illness or injury after having reach your maximum medical improvement (MMI), you may be able to receive permanent total disability benefits. The amount you receive will depend on the impairment rating that will be assigned to you by your medical practitioner.

Funeral & Death Benefits

In the unfortunate event that an employee dies from a worksite injury or illness, Florida’s workers’ compensation benefits allows his or her relatives or other dependents to recover death benefits to help compensate for the loss of earning capacity. Death benefits are available up to $150,000, and relatives may be able to receive reimbursement for funeral costs up to $7,500.

When To Report An Injury

In the state of Florida, you must report a work-related injury within 30 days of the date or initial manifestation of the injury. Failure to do so may result in your becoming ineligible to receive workers’ compensation benefits. If you do not file your claim within two years of the injury or illness, you may risk losing income replacement benefits and healthcare benefits. If your benefits have been denied, a workers’ comp attorney will be able to help you file a lawsuit against the workers’ compensation insurance company.

Workers’ Compensation Lawyers in Florida

If you live in Florida and you or someone you know has been injured or become ill on the job, you may be eligible for workers’ compensation benefits. At the Law Offices of Mario Trespalacios P.A., we specialize in workers’ compensation and personal injury law, and we have been defending the rights of Miami, Dade, Broward, and Monroe county residents for over 25 years. We also specialize in wage and hour disputes and workers’ comp retaliation law. Schedule your consultation today!

Being hurt on the job is no fun. If you have sustained a job-related injury, your employer may be responsible for helping you recover lost wages and medical bills.

In fact, most states require employers to carry workers’ compensation insurance, which can help to pay an employee’s regular wages while he or she is recovering from an injury or a work-related illness. It’s important to note that some employers, including independent contractors and railroad workers, may not be covered by these workers’ compensation laws.

Before you can file a claim for workers’ compensation, it’s important to make sure that your injury is indeed work-related. This means that the injury happened on the job site while you were performing daily duties. It can also include being injured at company parties, picnics, and any other social event held by your employer.

Some employers may fight back against a workers’ compensation claim if they feel that you have disregarded workplace safety rules and regulations. If this happens to you, it’s important to seek counsel from a workers’ compensation attorney.

What Should I Do If I Have Been Injured At Work?

Whether you slip and fall in a kitchen or cut yourself on heavy machinery, it’s critical that you report your injury to a manager or supervisor as soon as it happens. Depending on the state you live in, you may need to submit a notice to your employer within a certain amount of time before you can qualify for workers’ compensation benefits. Some states have short filing deadlines, also known as the statute of limitations, so it’s important to file your claim as soon as you can.

Some states require employers to:

• Post obvious notices of compliance with workers’ compensation laws in various places throughout the job site.
• Provide immediate emergency medical treatment for employees that are injured on the job.
• Keep a written report of accidents on the job, and note the medical treatments you may have needed.

If you are indeed eligible for a workers’ comp claim, you may be able to file a claim for benefits (which is usually about two-thirds of your regular salary), but you cannot sue your employer for the same injuries in court. If your employer fails to provide the state mandated coverage, they may be fined or even brought to court. While workers’ compensation laws provide remedies to injured employees, they also protect employers as well.

What Is A No-Fault System?

You may have heard workers’ compensation insurance described as a no-fault system, but what does that really mean? This means if you are injured on the job, you can receive some kind of compensation without having to prove whose fault the accident was. This means that the employee can start receiving medical benefits and compensation for lost wages quickly.

There is an exception to the no-fault system, and that’s if the employee is under the influence of drugs or alcohol. Also, if you deliberately cause the accident at work, you will not be eligible for workers’ compensation laws.

What If My Company Doesn’t Have Workers’ Comp Insurance?

As we mentioned above, there are a few industries that are not required to have workers’ compensation insurance. Agricultural employees, domestic employees, and independent contractors are just a few of these exceptions. If you have been injured at work and your employer doesn’t have workers’ comp insurance, you should contact a professional attorney as soon as possible. You can also call your state’s labor department or the workers’ compensation office.

If you discover that your employer doesn’t have coverage, the state you live in is most likely to fun your workers’ compensation benefits. Some people go as far as to sue their employer for negligence if they do not carry workers’ comp insurance!

What Are Common Workplace Injuries?

In 2013, there was an estimated three million nonfatal workplace injuries and illnesses in the United States. Most injuries on the job result from repetitive motions, falls, handling materials, and more.

• Among the biggest occupational hazard for construction workers is falls. Falls can result in cuts, bruises, broken bones, spinal cord injuries, and even death. These accidents tend to occur when an employee is working on defective equipment or they are working in unsafe conditions.
• Many injuries also result from repetitive motions. This means performing the same movement over and over again for an extended period of time. Many employers who suffer from this injury have carpal tunnel, tendonitis, or bursitis.
• Another big workplace injury is back injuries. According to the US Bureau of Labor Statistics, more than one million people suffer from back injuries in the workplace. These injuries can result from carrying, holding, and lifting heavy loads.
• Slip and fall injuries are also very common. Many employees suffer from broken bones, head injuries, and even musculoskeletal injuries from slipping and falling.
  Last but not least, motor vehicle accidents are also very common injuries on job sites.

What Benefits Am I Entitled To?

Did you know that workers’ compensation benefits cover all medical expenses necessary for treating and diagnosing a workplace injury or illness? This includes things like doctor appointments, surgery, prescriptions, and even certain medical equipment. Employees may also be entitled to vocational rehabilitation benefits if they are unable to return to the job after the injury. There are five common types of disability benefits. Let’s take a look at them below:

• Temporary Total Disability – With this disability, employees can receive workers’ comp benefits while they are unable to work for a limited period of time.
• Temporary Partial Disability – If an employee is injured on the job and they are still able to perform light duties around the office, they may receive temporary partial disability.
• Permanent Total Disability – As you may have guessed, employees that are permanently and totally disabled from a workplace accident will receive permanent total disability if they are unable to return to work. The employee may also be eligible to receive social security disability payments as well.
• Death Benefits – In the event that an employee dies on-site, the family is entitled to receive death benefits and compensation for the loss of financial support.

Should I Visit A Doctor?

Following an accident at work, you should always see a doctor or medical professional. If you feel the injury warrants it, take a trip to the emergency room to make sure everything is okay. If your injury is not very serious, ask your employer if they require you to see a certain doctor, or if you can choose your own. Under the workers’ compensation laws in your state, you may be entitled to a second opinion as well.

Who Qualifies As An Employee?

Under the workers’ compensation laws, the worker must meet the definition of an “employee” before they can receive any kind of benefits. An employee’s duties are controlled by their employer, and they are hired for a specific job.

On the other hand, independent contractors, freelance workers, and consultants are not required to have workers’ compensation insurance, since these workers do not fall into the category of an employee as it relates to workers’ comp insurance.

Workers’ Compensation Lawyers in Miami

If you live in or near Miami and you have been injured or become ill on the job, it may be time to contact your local workers’ compensation attorneys. At the Law Office of Mario Trespalacios P.A., we’ve helped to successfully represent a number of workers’ comp cases throughout Florida. When you call our attorneys, we’ll communicate with the workers’ compensation insurer on your behalf, and we’ll work hard to gather any medical evidence that will support your claim. We’ll do everything we can to help you receive compensation for any medical bills, financial losses due to missed work, and any pain and suffering that you have experienced. Schedule a consultation today!