Workers’ compensation insurance is intended to cover the medical costs of injuries that occur on the job. Florida state law requires the majority of employers to have workers’ compensation insurance so all employees have some kind of coverage. However, receiving coverage is not as simple as getting hurt and filing a claim. To qualify for workers’ compensation, there are additional legal parameters that need to be met.
When Should I Report My Work Injury?
Florida has a 30 day statute of limitations on work injury reports. For benefits, a petition must be filed within 2 years of the injury-causing incident.
Is There a Limit on the Benefits I Can Receive?
There are time-related and financial restrictions on workers’ compensation. Florida law caps benefits at a limit equivalent to the average weekly wage across the state, regardless of the wage rate of the injured. Additionally, there are other limitations based on the severity of the injury and the timeline of recovery.
The law classifies benefits as temporary total disability benefits (TTD), temporary partial disability benefits (TPD), and impairment benefits. For TTD, beneficiaries typically receive 66 ⅔% of their pre-injury wages for a period of up to 104 weeks. TPD benefits are also limited to a maximum of 104 weeks, but the monetary amount will be calculated by finding the difference between 80% of your regular wages and your available wages now, and then allotting 80% of that difference. Impairments benefits are determined on a case-by-case basis.
The expected length of time that you will be unable to work also affects your benefits. For recovery periods of less than 22 days, you will start receiving benefits on the eighth day of your disability period. Benefits start immediately upon the beginning of the disability period for injuries requiring over 21 days out of work.
There is a time limit of 6 months for benefits equaling 80% of pre-injury wages.
What Else Do I Need to Know About Workers’ Compensation in Florida?
Under Florida state law, the insurance provider must approve of your chosen treatment doctor.
There is no provision in the law that prohibits employers from replacing an employee upon injury. Companies in Florida have no legal obligation to reinstate an injured employee when they are healthy enough to work again.
How Can Frohlich, Gordon & Beason, P.A. Help?
Our firm has a team of experienced Port Charlotte attorneys who are dedicated to helping the injured recover the compensation they deserve.To learn more about workers’ compensation in Florida and to discuss the details of your case, call (941) 960-7225 or use our contact form to schedule a free initial consultation.