If You Are Injured on the Job in Florida
The
most common question I get in workers' compensation cases is, "What am I
entitled to get if I am injured on the job?" First, that greatly
depends on your date of accident. In general, however, you are entitled
to medically necessary and related treatment. You also may be entitled
to part of your lost wages.
Your date of accident will greatly impact what
medical benefits you are entitled to receive. In general you
are entitled to medically necessary and related treatment. This includes
specialists, diagnostic studies, and treatments. In fact, if you are
injured on the job in Florida, you are entitled to medical benefits for
the rest of your life within certain limitations as it relates to your
original accident. If you do not like your doctor, you do have the right to
see another doctor. Even if your orthopedic surgeon(s) or other
specialist feels you do not need further specialized care, you may still
be entitled see additional physicians. Your date of accident and whether or not your case is controlled by a managed care arrangement will
dictate how many physicians you may be able see.
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Lost Wages
You
are also entitled to receive lost wages under certain circumstances. First, if you are temporary and totally disabled, your treating physician has stated you cannot work. As such you are elgible for TTD benefits. This equates to 66
2/3's your Average Weekly Wage (AWW), subject to a maximum compensation
rate set by the legislature. Your "AWW" is essentially your gross
earnings from all employment 13 weeks before the industrial accident,
provided that income was subject to workers' compensation benefits. If
you did not work "substantially a whole of the 13 weeks before the
accident," then your AWW is usually at issue. There is a good chance,
even if your are receiving indemnity checks from the
Employer/Carrier/Servicing Agent (E/C/SA), you are probably not getting
paid correctly, especially if you average more than 40 hours a week. Other considerations are possible employment with more than one employer or even self employment under certain circumstances.
If
your doctor indicated you can work, but cannot engage in certain physical activities (ie, light duty - no lifting more than x pounds, no bending, twisting, etc.), you are temporary partially disabled (TPD). If you are on light duty,
your employer has the option of deciding whether or not they will have
work for you. This does not necessarily mean working your old job.
Essentially, they can have you do something else, other than your
pre-injury job, as long as it is within your doctor's work restrictions.
If they have work for you and you do not earn 80% of your AWW, then you
may be entitled to receive TPD benefits from the workers' compensation
carrier.
TTD/TPD Benefits
You are
entitled to TTD or TPD benefits up and to the time your authorized
treating physician has placed you at maximum medical improvement (MMI)
or has released you to return to work with no restrictions, or you have the statutory maximum number of weeks available to you.
Additionally, depending your date of accident TTD/TPD benefits are
subject to maximum cap and/or requisite waiting period. At MMI,
entitlement to temporary benefits ends. However, you may be entitled to
impairment benefits if your treating physician has assigned you a
permanent impairment rating. This is compensation owed to you because
you have sustained a permanent injury as a result of your industrial
accident. Your date of accident will dictate the benefits you may be
entitled to receive.
You do not, however, get money or
compensation for pain and suffering and/or emotional distress. The
legislatures of Florida have created no avenue of recourse against your
employer in most instances. There are exceptions, however, to the rule.
The only good thing about workers' compensation benefits is that it is a
"no-fault" statute. This means, even if you trip, fall and get injured
on your own you are still entitled to benefits if it happened in the
course and scope of your employment.
Disability Benefits and Petition for Benefits (PFB)
If
you are at MMI, and can no longer return to your pre-injury employment,
then you may be entitled to additional relief. Depending on your age,
education, work history, and permanent work restrictions, you may be
entitled to retraining through the State of Florida (rehab TTD), or if
you can no longer work, you may be entitled to permanent total
disability benefits.
How do you enforce your rights or make the Employer/Carrier/Servicing Agent (E/C/SA) give you a benefit that is rightfully owed? Quite simply, you need to sue.
In workers' compensation court we call the complaint a Petition for Benefits (PFB). The E/C/SA does not necessarily have to do anything without a
Court Order, and they know that takes time, usually at least 10 months in most jurisdictions. That is why it is important to seek out a workers' compensation attorney early on to see that the process moves forward as expeditiously as possible.
Settlement or "Washout"?
Can you settle your
case? Yes, you can, but that usually means closing your right to receive
further medical care and leave your employer in most instances. Unfortunately, you cannot ever force the E/C/SA to
settle your workers compensation case for a lump sum, just as the E/C/SA cannot ever force you to
settle your workers compensation case. However, before settling, I would strongly encourage
you to speak with a workers compensation lawyer. The insurance company has lawyers working on
their side who will prepare the Release and papers for the Judge of
Compensation Claims to review and sign. What may seem like a good deal to you may in fact be a bad deal. Once the Judge of Compensation Claims signs an Order approving the settlement, you cannot later go back and change your mind.
To learn more about your workers' compensation claim and how I can assist you, or if you have specific questions
regarding the application of the workers compensation law to your case, please contact my
office for a free consultation in the Orlando area at 407-657-2525, or toll free at
1-888-581-2525, or send me an e-mail regarding your case.
**The
hiring of a workers compensation attorney is an important decision and should not be based
solely upon advertisements. Before you decide, ask me to send you free
written information about my qualifications and experience or click on
my biography
. This web site is designed for general information only. The
information presented at this site should not be construed to be formal
legal advise nor the formation of an attorney client relationship.
Common Work Related Injuries
- Spine Injuries
- Fractures
- Cuts, and Bruises
- Burns
- Back Injuries
- Neck Injuries
- Knee Injuries
- Shoulder Injuries
- Carpal Tunnel Syndrome
- Cubital Tunnel Syndrome
- Brain Injuries
- Foot and Ankle Injuries
- Hand and Finger Injuries