PALM BEACH GARDENS WORKER COMPENSATION LAWYER

Workers' compensation is a state-mandated insurance program that provides benefits to employees who suffer job-related injuries or illnesses. In Florida, this program is designed to cover medical expenses, a portion of lost wages, and rehabilitation costs for employees injured on the job.

Most employees in Florida are covered under workers' compensation. Employers with four or more employees, including both full-time and part-time workers, are required to carry workers' compensation insurance. There are specific requirements for certain industries:

• Construction businesses must have coverage for every employee.
• Agricultural businesses with six or more regular employees and/or twelve or more seasonal workers who work more than 30 days must also provide coverage.

• Report the Injury: Inform your employer immediately after the injury occurs or as soon as you become aware of a work-related illness.
• Seek Medical Treatment: Your employer or their insurance carrier will provide you with an authorized medical provider.
• File a Claim: Your employer is responsible for reporting your injury to their insurance company. You can also file a claim with the Florida Division of Workers' Compensation. For more details, visit the Florida Division of Workers' Compensation.

Workers' compensation covers all necessary medical treatments related to the injury or illness, including doctor visits, surgeries, physical therapy, prescriptions, and travel expenses for medical appointments.

Wage Replacement Benefits

If you are unable to work due to your injury, you may be entitled to wage replacement benefits:

• Temporary Total Disability (TTD): If you cannot work at all while recovering, you may receive 66 2/3% of your average weekly wage.
• Temporary Partial Disability (TPD): If you can return to work but earn less than 80% of your pre-injury wages, you may receive a portion of the difference.
• Permanent Total Disability (PTD): If you are permanently unable to work, you may receive benefits for life.

• Impairment Benefits

  If your injury results in a permanent impairment, you may receive impairment benefits based on the severity of the impairment and your pre-injury wages.

  Death Benefits

  If a worker dies due to a work-related injury or illness, their dependents may receive death benefits, including funeral expenses and financial support.

If your claim is denied, you have the right to dispute the decision. Steps to take include:

1. Request a Reconsideration: Contact the insurance company to review the denial.
2. File a Petition: You can file a petition for benefits with the Florida Division of Workers' Compensation. More information is available at the Office of the Judges of Compensation Claims.

In Florida, you must report your injury to your employer within 30 days of the incident. Failing to do so may result in losing your right to benefits. You also have two years from the date of injury to file a formal claim.

Generally, you must see a doctor authorized by your employer's workers' compensation insurance. If you are not satisfied with the care, you may request a one-time change of physician, but the new doctor must also be authorized by the insurance company.

• • Employers who fail to provide required workers' compensation coverage can face severe penalties. Employees may report such employers to the Florida Division of Workers' Compensation.

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• • Wage replacement benefits are typically calculated as a percentage of your average weekly wage (AWW) prior to your injury. The calculation takes into account your earnings over the 13 weeks prior to your injury.

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Retaliation for filing a workers' compensation claim is illegal. If you experience retaliation, such as termination or demotion, you can file a complaint with the Florida Commission on Human Relations.

Independent contractors are typically not covered under workers' compensation laws. However, misclassification issues may arise, and in some cases, contractors might be deemed employees and eligible for benefits.

In Florida, there is a 7-day waiting period before wage replacement benefits begin. If your disability lasts more than 21 days, you may be compensated for the initial 7 days.

The duration of benefits depends on the nature and extent of your injury. Temporary benefits can last up to 104 weeks, while permanent benefits depend on the degree of impairment and the type of disability.

Yes, workers' compensation is a no-fault system, meaning you can receive benefits regardless of who was at fault for your injury, as long as it occurred in the course of employment.