Do I Get Paid if I Get Injured at Work in Florida?

Most job injury victims receive two-thirds of their average weekly wage, up to a maximum $1,295 per week, for the duration of their temporary or permanent disabilities. Falls are, by far, the most common work injuries in Florida. Serious falls usually cause serious injuries, such as broken bones and head injuries.

Incidentally, you get paid if you get injured at work in Florida, and you work from home. For workers’ compensation purposes, a home office is basically a branch office. If people fall on their way to the bathroom at home, workers’ compensation benefits are usually available, just as if the victim fell on the way to the bathroom at work. However, these claims are sometimes complex, due to the coming-and-going rule and a few other legal doctrines.

So, getting paid after getting injured at work in Florida is not a simple matter. Only a top-notch Tampa workers’ compensation lawyer should handle such claims. Only an experienced lawyer goes toe-to-toe with insurance company lawyers and obtains not only lost wages benefits, but also medical bill payment benefits.

Technical Requirements

Strict time deadlines apply in workers’ compensation cases. Additionally, although workers’ comp generally pays no-fault benefits, some defenses may apply in some cases.

Usually, injured workers must report their injuries to their supervisors, in writing, within ten days. The definition of “writing” is a bit vague in this portion of the Florida Statutes. So, the best practice is to immediately send an electronic notice, like an email or text message, and immediately follow-up with “snail mail” notice.

The dual notice should be as brief and as general as possible. Stick to core details, such as date, time, and location of the incident. Let your Tampa workers’ compensation lawyer fill in the details later.

Injuries which occurred while under the influence of alcohol/drugs or during horseplay may be the most common defenses in workers’ comp cases.

If the victim was under the influence of alcohol or drugs at the time of the injury, the insurance company may refuse to pay lost wage replacement or other benefits. Drug and alcohol tests are not 100 percent reliable. Furthermore, the “under the influence” threshold isn’t very clear in many substance abuse cases. Some people have traces of drugs in their blood, but they are not under the influence of those substances.

Workers’ comp usually doesn’t cover horseplay-related injuries. The horseplay must be unrelated to any job function. If Jack and Diane race each other to see who cleans up faster and Diane falls, the horseplay was related to a job function.

Calculating Benefits

The average weekly wage, the key wage replacement determination metric, is often difficult to calculate. Many insurance companies “accidentally” miscalculate the AWW to reduce lost wage replacement benefits.

The AWW includes cash and non-cash income. Non-cash income includes items like housing allowance, work-provided meals, and 401(k) matching contributions. The AWW is also forward-looking as well as backward-looking. If Diane got hurt the day before her probationary period expired, her wage replacement must reflect her higher, post-probation wage.

To determine the AWW in permanent disability cases, most Tampa workers’ compensation lawyers partner with doctors, accountants, and other such professionals.

Contact a Savvy Hillsborough County Lawyer 

Injury victims are entitled to important financial benefits. For a confidential consultation with an experienced workers’ compensation lawyer in Tampa, contact Kobal Law. Virtual, home, and hospital visits are available.

Source:

myfloridacfo.com/division/wc/insurer/maximum-compensation-rate-table