Floridas Workers Compensation Law

Orlando, Florida

In the state of Florida, approximately 100,000 residents are hurt on the job each year, and file for workers compensation benefits.

In Florida, the system of workers compensation is compulsory. This means that employers must provide workers compensation insurance for all of their employees. This type of insurance can be provided through either a private insurance carrier, or by the employers own insurance company.

Special situations

Employers with less than four employees are excused from Floridas workers compensation act. A majority of agricultural employers must provide workers compensation coverage for their agricultural employees, though some small employers may be excluded. Employers can opt to provide worker's compensation coverage for domestic servants, such as nannies and housekeepers. Unless it involves the construction industry, where by law even if there is only one employee, the employer still needs to carry workers compensation coverage.

Physician choice

In some cases, you may choose your physician from a list provided by your employer. In other situations, your employer may designate which doctor you must visit. After you reach maximum medical improvement (MMI), you will be required to pay a $10 patient co-pay for all medical services.

Disability benefits

Payments are made for temporary total disability (TTD) in a sum that is 2/3 of your wages at the time of the accident, or, in cases of critical or catastrophic injury, you may receive as much as 80 % of your wages for up to 6 months following your accident. The TTD benefits are subject to a weekly maximum payment amount and may continue for no longer than 104 weeks.

Your disability will be described as temporary partial disability (TPD) if you can return to work with temporary physical restrictions and earning reduced wages or no wages at all. In cases where you are able to return to work earning a reduced wage, you will receive the difference between 80 % of your wages and your earnings after your injury.

Payments for permanent total disability (PTD) are also based on a percentage of your wages and, like TTD, are subject to a weekly maximum payment amount. The PTD payments will continue for as long as you are disabled, but in most cases these benefits stop at age 75.

You may also receive benefits for:

• Physical rehabilitation benefits
• Vocational rehabilitation benefits

Death benefits

Death benefits may be collected by a surviving spouse or children. Like the other benefits, death benefits are based on a percentage of the deceased employees wages and are subject to a cap of between $100,000.00 and $150,000.00. Funeral expenses for the family of the victim are also available.

An Attorney Can Help

While many people are able to receive the money they deserve, others may struggle with the complex filing process and will be denied benefits, especially by profit-conscious insurance companies looking for excuses not to pay.

Workers' compensation laws are complicated and change frequently. It is important to consult an attorney to assist you through the claims process. Also, if your employer has refused to pay you benefits, we can help you fight for the compensation you deserve.

If you or a loved one became sick or hurt while at work, Florida law can protect you and enable you to collect fair compensation. However, it is important that you call an experienced lawyer, like one at the Orlando personal injury firm of Colling, Gilbert, Wright & Carter to help you win your claim. If you live in the Orlando area, please schedule a workers compensation consultation today.