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Florida's Workers Comp Laws
When a worker is injured on the job, the physical ramifications of that injury are bad enough – the financial effects can sometimes be much more painful.
The Florida workers compensation system can sometimes seem very bureaucratic and difficult to navigate.
Workers Compensation is a program operated by the State of Florida, which requires employers to keep workers compensation insurance available to handle payments for medical care should an employee become injured on the job. Compensation from this insurance company typically covers lost wages and cost of medical care when a worker is injured.
The History of Florida’s Workers Comp
Florida originally adopted its workers compensation program in 1935. The system avoids costly lawsuits between workers and employees. The new system protected both workers and employers. Workers could rest assured that if injured, they would receive financial support to get them through the recovery process. Companies no longer had to worry about getting sued due to a workplace injury.
What Kind of Injury Does Workers Compensation Cover
In Florida, any company larger than four employees is required to obtain workers compensation insurance and to pay the entire premium. All workers are covered under the program except for independent contractors or temporary workers.
The only requirement for coverage is that the injury must take place in the course of employment. In other words, regardless of location, if the employee is involved in an activity related to his or her job, any injury resulting from that activity is covered by workers compensation. This includes activities such as business trips, or company events and celebrations.
It’s important to note that it’s the activity that’s important, not location. If an employee is on lunch break and is injured, that employee may not be covered by the worker’s compensation program.
What Florida Workers Compensation Covers
If you are ever injured on the job in Florida, you can expect to have all “reasonable and necessary medical care” covered at 100% of cost. For cut-and-dry injuries, this is usually obvious. For example, any medical costs related to a broken arm will be paid for. However this issue gets more complicated as the recovery process continues on. After an injury is healed, if a patient requires additional medical care for back-related pain that could be related to the workplace injury, the insurance company may begin to refuse covering those medical costs, arguing that the pain was not caused by the workplace injury.
In addition to medical costs, workers compensation also provides the worker payment for any lost wages as a result of the injury. However the coverage of lost wages is not at 100%. By law, the employee is entitled to a portion of lost wages. However, a partial loss of ability to work may also qualify for the lost wages benefit if the employee is not able to work as much as he or she did prior to the injury.
Workers compensation will also pay for training and therapy that the employee requires in order to fully recover from the injury. The Bureau of Rehabilitation and Medical Services typically provide this coverage. Additionally, the bureau provides job-hunting assistance and counseling.
Death coverage under the Florida workers compensation law requires the employee’s immediate family (spouse and dependents) to receive death benefits of up to $100,000 if an employee dies while on the job. The state also offers incentives to employers who hire partially disabled workers.
If you are Injured on the Job
If you are ever injured on the job, the first thing to do immediately is to report the injury to your employer in writing. Make sure to include a doctor’s report that describes the full extent of the injury, including results from X-Rays and scans. The more detail that goes into the report now will result in fewer declined medical claims by the insurance company down the road. Failure to report the injury within 30 days of when it occurs can threaten your eligibility.
In Florida, employees have the right to choose their own physician. If you feel forced by the employer or insurance company to use their physician, make sure to report this to the State. Typically workers compensation payments begin within three weeks of the date of injury, and workers compensation payments are not taxable, so the amount of the payment is the amount you will receive.
If you ever find yourself injured on the job and you are getting run in circles by your employer or their insurance company, make sure to contact the Florida Division of Workers’ Compensation for assistance. Regardless, if you have been injured on the job, it’s always a good idea to immediately obtain a lawyer who will make sure your rights are protected.
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