Fort Lauderdale Workplace Injury Attorneys

Florida Workers' Compensation Law

Nearly 3.7 million people suffered work-related injuries and illnesses in the United States in 2008, and more than 5,000 workers died from their injuries. Workers' Compensation is a form of social “insurance,” in which employers compensate employees for injuries or illnesses suffered in the workplace. Under Florida's Workers' Compensation system, insurance is purchased by your employer through a private insurance company or through a self-insurance fund. If you are injured or become ill in the course of your employment, you would file a Workers' Compensation claim with your employer. Your employer would then file a claim with its own insurance carrier or compensate you through a self-insurance fund.

In Florida, most employers must carry Workers' Compensation insurance on their employees. Under the law, employers in the construction industry who employ one or more full or part time employees and employers in non-construction industries who employ four or more full or part time employees must provide Workers' Compensation coverage for their employees. In addition, employers must receive proof of Workers' Compensation coverage from any subcontractors they hire. If you sustain an injury or illness while working for a qualifying employer, you are entitled to Workers' Compensation benefits.

Workplace injuries may arise from one specific event, such as an explosion, or may be the result of job-related stresses over a period of time, as is the case with carpal tunnel syndrome. Workplace illnesses, such as asbestosis, are typically caused by exposure to harmful substances for a period of weeks, months, years, or more. Even if you were partially at fault for causing your own injuries, you may still be entitled to Workers' Compensation benefits. If you believe you have been wrongfully denied Workers' Compensation benefits, it is imperative that you consult with an experienced Florida Workers' Compensation attorney to discuss your legal options. The aggressive attorneys at Kane & Vital will fight to get you the compensation you deserve for your workplace injury or illness. Call (954) 523-5123 today for a free consultation with a Florida Workers' Compensation attorney regarding your case.

Reporting Your Injury

As soon as you are injured, or your doctor diagnoses an illness, you should immediately report it to your employer. If you do not report your injury or illness within 30 days, you may lose your right to file a Workers' Compensation claim altogether. Once notified, your employer has 7 business days to report the claim to his or her insurance carrier. If your employer fails to notify the insurer, you should contact an experienced Florida Workers' Compensation attorney to explore your legal options.

Once you file a Workers' Compensation claim, you forfeit the right to sue your employer for the workplace injury or illness. That is why it is crucial that you consult an experienced Florida Workers' Compensation attorney before filing your claim. Our team of aggressive attorneys will fight to ensure that you receive the full range of benefits available to you. Don't delay! You only have 30 days to report your injury to your employer. Call the Florida Workers' Compensation lawyers at Kane & Vital at (954) 523-5123 today to discuss your case.

What Benefits Will I Receive?

Depending on the nature of your injury or illness, you may be eligible to receive wage replacement benefits, medical benefits, or death benefits through your employer's Workers' Compensation insurance plan. You may qualify for partial or full benefits for a temporary period until you recover or permanently in cases of serious injury. Below is a brief discussion of each type of Workers' Compensation benefits you may receive under Florida law.

Wage Replacement Benefits

If you qualify for Workers' Compensation benefits, you will receive wage replacement benefits beginning on the eighth day after reporting your injury or illness to your employer. Depending on the seriousness of your injury, you may be eligible for up to 66.66% of your average weekly wages, up to a maximum of $772.00 per week. You should expect to receive your first check within 21 days of reporting your injury or illness to your employer. Each check thereafter will be issued every two weeks. You are typically not required to pay taxes on Workers' Compensation benefits, but you should check with your accountant before filing a tax return.

You are allowed to receive Social Security Disability benefits concurrently with Workers' Compensation, but the benefits you receive will be at a reduced amount. Generally, you may not receive more than 80% of your average weekly wages in combined benefits. For more information on Social Security benefits, contact the Social Security Administration at (800) 772-1213 or visit their website at www.ssa.gov. You may not collect unemployment benefits while you are receiving Workers' Compensation.

Medical Benefits

Your employer is also responsible for providing a doctor and/or specialist and for paying the cost of your medical bills, including the cost of prescriptions. Under Florida Workers' Compensation law, you may receive all authorized medically necessary care and treatment related to your injury, including:

• Doctor’s visits

• Hospital visits/stays

• Physical therapy

• Medical testing

• Prescriptions

• Prostheses

In Florida, Workers' Compensation recipients have the right to choose their own pharmacy. The pharmacy you choose, however, may not participate in Workers' Compensation programs, in which case you would have to pay for your own medications or choose another pharmacist.

Death Benefits

If an accident or injury in the workplace results in death within one year of the injury-causing event or five years of continuous disability, your surviving family members may receive compensation for burial expenses, education expenses for your surviving spouse, or dependent care expenses, up to $150,000 maximum. For more information on the range of Workers' Compensation benefits for which you may be eligible, contact an experienced Florida Workers' Compensation attorney today at (954) 523-5123. The aggressive attorneys at Kane & Vital will fight to get you the full range of benefits available to you under Florida's Workers' Compensation law. We offer a free consultation regarding your case.