Workplace accidents and incidents occur far too often, leaving employees injured or ill. Titusville, Florida workers who go through this find their lives turned upside-down. You’re entitled to workers’ compensation if you suffered a job-related injury or illness.
Definition of Workers’ Compensation in Florida
In Florida, workers’ compensation is insurance benefits for employees who suffer job-related injuries or illnesses. It’s the law for businesses in the state to carry workers’ compensation.
Workers’ Compensation Laws in Florida
According to Florida Statute 440.09, employers must compensate injured or ill workers. Only those who get hurt or sick due to work-related accidents or incidents are entitled to workers’ compensation benefits.
Eligibility Requirements in Florida
There are different workers’ compensation eligibility requirements in Florida. They include employment status, work-related injuries or illnesses, timely reporting, medical treatment, filing a claim, compliance with medical treatment, no intentional self-injury and no impairment by drug.
Employment Status
Only current regular employees are eligible for workers’ compensation. This includes full-time and part-time workers. Freelancers and independent contractors cannot qualify for workers’ compensation benefits.
Injury or Illness Must Be Work-Related
Workers can only qualify for workers’ compensation benefits if their injury or illness is work-related. This applies even if the individual works offsite instead of at a company office location.
Timely Reporting
Workers have 30 days to report their injury or illness to their employer. Doing this immediately is best because it increases your chances of a successful workers’ compensation claim.
Medical Treatment
Employees must seek medical treatment after suffering a work-related injury or illness. Depending on the situation, the employer or its insurance carrier may choose a doctor for them to see. In some cases, the employee may be permitted to get treatment from their own physician.
Filing a Claim
After you have reported your injury or illness to your employer, you will receive a First Report of Illness or Injury form. Complete this document and return it to your employer so they can file it with their workers’ compensation insurance carrier.
Compliance with Medical Treatment
You must comply with all medical treatment prescribed by the doctor. Failing to do so can work against your ability to secure workers’ compensation benefits.
No Intentional Self-Injury
Your injury must be from a work accident to be eligible for workers’ compensation. It cannot be an intentional self-injury.
No Impairment By Drug
Your work accident must have occurred when you were sober. If you were impaired by drugs at the time of the incident, you won’t qualify for workers’ compensation.
Types of Injuries Covered in Florida
Certain types of injuries are covered in workers’ compensation claims in Florida. They include traumatic physical injuries, repetitive stress injuries, occupational diseases, psychological injuries, aggravation of preexisting conditions, heart and vascular injuries, travel-related injuries and injuries from workplace violence.
Traumatic Physical Injuries
Traumatic physical injuries often occur in workplace accidents. Examples include traumatic brain injuries, spinal cord injuries and compound fractures.
Repetitive Stress Injuries
Many workers suffer from repetitive stress injuries from performing their jobs. Routinely using tools and equipment and even sitting at a desk while using a computer can cause these injuries. Examples of repetitive stress injuries are tendonitis and carpal tunnel syndrome.
Occupational Diseases
Occupational diseases are those that develop directly due to one’s work duties or work environment. Certain industries can cause workers to develop illnesses like cancer, respiratory illness, hearing loss, asbestosis or poisoning.
Psychological Injuries
Workplace accidents or incidents can cause employees to suffer psychological injuries. Even if a physical injury fully heals, workers can be left with long-lasting psychological issues like depression, anxiety or post-traumatic stress disorder (PTSD).
Aggravation of Preexisting Conditions
Workers can experience an aggravation of preexisting conditions from job-related accidents. This can happen even if the condition is under control.
Heart and Vascular Injuries
Some jobs require excessively strenuous tasks. This can lead to heart and vascular issues such as heart attack or stroke. Sometimes, these issues are difficult to prove when filing for workers’ compensation.
Travel-Related Injuries
If an employee travels for work and suffers an accident causing injuries, they are entitled to workers’ compensation. This applies whether the issue arises during the travel itself or while the person is performing job-related tasks.
Injuries from Workplace Violence
When a dispute among employees escalates, workplace violence can ensue. The victim can suffer serious injuries, allowing them to claim workers’ compensation.
Timeframe for Reporting Injuries in Florida
If you suffer a work-related injury or illness in Florida, you must report it to your employer. The rule is to do so within 30 days so you can take the appropriate steps to file a workers’ compensation claim.
Importance of Timeliness in Filing
A workers’ compensation claim must be filed within two years of the accident or incident that caused your injury or illness. Filing timely is crucial; waiting too long means you forfeit the benefits you might have been due. However, according to Florida Statute 440.19, if a worker dies due to a job-related injury or illness, their personal representative can file on behalf of that person’s survivors or estate.
Types of Benefits Available in Titusville, Florida
Benefits are available in workers’ compensation claims in Titusville, Florida. The different types include medical benefits, disability benefits, rehabilitation benefits and death benefits.
Medical Benefits
Medical benefits are paid when workers are injured or ill while performing their jobs. According to Florida Statute 440.015, these benefits support individuals who cannot work and help them later obtain gainful reemployment.
Disability Benefits
If a work-related injury renders an employee disabled, workers’ compensation provides disability benefits. Depending on the circumstances, this could be total temporary disability, partial temporary disability or permanent total disability.
Rehabilitation Benefits
Rehabilitation benefits cover workers who can no longer perform their previous jobs. If someone must work a different job, these benefits cover training costs.
Death Benefits
Sadly, some work-related injuries and illnesses are fatal. When this happens, death benefits are paid out to the employee’s spouse and minor children.
Benefits of Hiring an Experienced Workers’ Compensation Attorney in Titusville, Florida
There are benefits to hiring an experienced Titusville, Florida workers’ compensation attorney. They include advocating for maximum compensation, negotiating settlements with employers or insurers and pursuing additional avenues of compensation.
Advocating for Maximum Compensation
If your employer or the insurance company denies your workers’ compensation claim or tries to lowball you, an attorney can help. Your personal injury lawyer can advocate for you to get maximum compensation.
Negotiating Settlements with Employers or Insurers
An attorney has expert negotiation skills to get you the best possible settlement. They can deal with your employer or their insurer on your behalf.
Pursuing Additional Avenues of Compensation
Depending on the circumstances of your workers’ compensation case, an attorney can help you pursue additional avenues of compensation. For example, if a third party is found partly liable for your injuries, your personal injury lawyer can help prepare a lawsuit against that person.
Why You Need an Experienced Workers’ Compensation Lawyer in Titusville
Injured on the job in Titusville? Don’t navigate the legal process alone. The dedicated team at Andrew Pickett Law specializes in workers’ compensation cases and is committed to securing maximum benefits for employees like you. Take the first step towards fair compensation – contact us today for a free consultation. Whether you call our office or use our online form, we’ll connect you with our attorney who can assess your case and guide you through your options. Let us help you get back on track after your workplace injury.
