Filing For Workers’ Compensation Is Not A Lawsuit
Some people get injured at work and don’t report it. These people may equate seeking workers’ compensation to filing a lawsuit against your employer—which is not the case. Workers’ compensation is a type of insurance that most employers are required to have. With few exceptions, Florida requires any business to have this insurance if they have four or more full or part-time employees.
The law does not require sole proprietors and partners to purchase it, and there are special considerations for construction and agricultural companies. Companies that fail to meet their workers’ compensation requirements may be subjected to a stop-work order and a significant fine.
It allows you to receive monetary payments and even medical care for injuries you sustained at work. If anything, it can be seen as mutually beneficial. Your employer won’t have to pay you for not working while you are recovering, and you can receive money to support yourself and your family during this time.
How It Works
When someone is injured at work, the compensation they can receive falls into one of these categories:
Temporary Disability
Permanent Disability
Death Benefits
Medical Benefits
Vocational Rehabilitation
Temporary disability pays you two-thirds of your weekly wages, but there is a maximum amount you can receive. This number is reviewed and adjusted each year to meet the demands of inflation. These payments can last up to two years, but you will have to return to work when a doctor has cleared you, you’ve reached the maximum medical improvement (the point at which your condition will not improve any further), or your benefits have been exhausted.
There are scenarios in which people have not reached their maximum medical improvement (MMI), are still disabled, and their benefits are about to expire. These people either have permanent disabilities or will be given impairment ratings. When a doctor issues you a rating expressed as a percentage, there will be a formula that tells you how long and how much you can receive. If a doctor determines you cannot work, you can continue receiving benefits until you are 75.
In some circumstances you can get an advance of your workers compensation benefits. The judge can order the workers compensation carrier to pay you two thousand dollars without prejudice. You need to show you are injured and have a substantial reduction in your wages as a result. The amount can be higher in some cases and the money will be recouped against any potential settlement into the future.
The Law Offices of William C. Robinson
Attorney Wiliam C. Robinson has more than 35 years of civil litigation experience. He has been a speaker for lectures and corporate seminars during that time and has significant experience handling workers’ compensation cases. To speak with him regarding a legal issue, contact The Law Offices of William C. Robinson to set up a complimentary consultation.
