Five Quick FAQs About Workers’ Compensation in Florida

“Do I qualify for benefits?” is the most common workers’ compensation FAQ. Yes, you qualify for benefits, if a work-related illness or injury caused economic loss, usually medical bills and/or lost wages. They have specific questions as well, some of which we address in this post. The aforementioned work-related disability could be temporary or permanent. Florida lawmakers recently expanded the workers’ compensation law, in areas like the length of benefits and amount of covered physical therapy and recuperation time.

Over the years, lawmakers have also restricted benefits. Repeated insurance premium decreases have drained most of the money from the system. Therefore, Claims Examiners, other workers’ compensation bureaucrats, and insurance company lawyers are stingier than ever. If victims handle their own cases, they usually receive little or nothing. If victims partner with a Tampa workers’ compensation lawyer, they usually receive maximum compensation for their serious injuries.

What Should I Do if I Don’t Receive a Check?

Reach out to your Tampa workers’ compensation lawyer immediately. Usually, the problem is a technical glitch or an issue with the waiting period.

A technical glitch is inexcusable. When individuals call, bureaucrats deal with the situation when they’re ready. When a lawyer calls and threatens legal action, they react immediately. Florida’s waiting period law is a bit complex. The waiting period is normally seven days. However, if the disability lasts more than twenty-one days, the victim receives payment for those first seven days.

If I Can’t Work Until My Doctor Releases Me, Does My Employer Have to Hold My Job for Me?

Florida’s workers’ compensation law doesn’t guarantee job security, but two federal laws do offer such protection.

The federal Family Medical Leave Act and state workers’ compensation programs may run concurrently. So, a victim may file for FMLA benefits, which include job security, as well as workers’ compensation financial benefits.

Employees are eligible for FMLA benefits, which usually last twelve months, if they have twelve months of service, have worked 1,250 hours in the last twelve months, and their employers have at least fifty employees.

The Americans with Disabilities Act might come into play as well. However, these cases are very complex and rather hard to prove.

Can My Employer Fire Me if I am Unable to Work Because of an Injury?

The answer to this question is a resounding “no.” It’s also against the law to fire you because you have filed or attempted to file a workers’ compensation claim.

However, in some cases, employers can fire victims if they refuse to accept light duty assignments. This loophole is a common employer ploy. The employer gives a recovering victim a demeaning job, like restroom attendant or hall monitor. If the victim refuses the assignment or refuses to give his/her best effort, the employer could fire the victim and stop paying workers’ compensation benefits.

What Can I Do if I Cannot Return to the Type of Work I Did Before I Was Injured?

In these cases, physical therapy usually becomes occupational therapy. Services may include vocational counseling, transferable skills analysis, job-seeking skills, job placement, on-the-job training, and formal retraining. If the victim’s physical condition or vocational, educational, or other background preclude retraining, permanent disability benefits may be available.

What’s the Time Limit for Filing a Petition?

Generally, victims have two years to file workers’ compensation petitions, but the law opens this window further in some cases.

 Talk to a Diligent 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 after-hours visits are available.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440.html