Injured at Work? Know Your Florida Employee Rights

In 2019, the number of preventable deaths rose by 2%. That amount was 4,572.

This staggering number might make you feel overwhelmed and nervous about what to do after an injury at work. This article will take a look at your Florida Employee Rights when it comes to work injuries. Read on to explore what your rights are to make sure that you get the care you deserve today.

Coverage Under Florida Workers Compensation Insurance

If you’re employed in the state of Florida then you can receive coverage. All public and private employers within the state have to provide workers’ compensation for their employees.

Certain people aren’t included:

• Brokers working on commission
• Independent contractors
• Licensed real estate agents
• Certain business owners
• Drivers under a lease agreement
• Repairmen who make less than $2,000 a year
• Federal employees since they’re covered under federal law

What To Do After You’re Injured at Work in Florida

After you’re injured at work, you’ll want to report the injury to your boss as soon as possible. Different companies such as firstcoastaccidentlawyers.com can help you file a claim.

Next, you’ll want to choose a physician after the accident. When you report the incident and then go to a physician regarding the injury, this will make sure that treatment will be covered.

What Your Company Has To Do

If you or another worker receives an injury on the job, your company needs to investigate the accident right away. Your employer needs to collect all facts about the accident and share them with the insurance company.

Your employer needs to tell their insurance company about the accident within one week. Even if it’s a minor accident.

Employers can also state whether or not they think that the accident is work-related. Timing is vital since if the insurance doesn’t know about your injury they can’t pay for your bills or benefits. Your employer can be penalized if they don’t file on time.

Can I Sue My Company?

Besides workers’ compensation, you have other options as well. After an injury, you have a couple of years to file a petition with the Division of Administrative Hearings.

This is when you and your employer don’t agree on certain remedies. A judge will step in to see what’s the best option to alleviate the situation.

Wrongful Termination

If you’re fired after filing for Florida workers’ comp, you might have a lawsuit. Keep in mind that Florida is an employment-at-will state. This means that employers aren’t required to give you notice for termination.

If it turns out that they fired you due to filing a claim, that’s a violation. This is a law because they realize that employers would wrongfully terminate those who file a claim.

Florida lets you sue your employer if:

• The delay of benefits
• Your benefits are cut off
• Manipulates or hides evidence
• And others

Medical Care

Your employee rights after an injury at work include medical care. It can be through your employer’s worker’s compensation insurance.

If your request for medical treatment is ignored or refused then you can choose any doctor. Your employer will still need to pay the bill. If you pay for the treatment with your own money, make sure that you keep the receipts to be reimbursed by your employer’s insurance.

For emergencies where you can’t contact the insurance company first, it should be covered. You’ll want to report the injury and accident as soon as possible to have your employer’s insurance reimburse you.

Wage Benefits

If you’re injured and can’t return to work then you can still receive weekly wage benefits. This will depend on the disability that you’re experiencing.

Under wage benefits, there’s the permanent total disability, temporary total disability, and temporary partial disability. Permanent total disability is when you can’t find sedentary work within a reasonable distance from your home. Also, when you can’t perform your job.

Temporary Partial Disability

Temporary partial disability is when you can’t do certain parts of your job. Temporary total disability is when you can’t perform your job and there isn’t alternate work for you.

Permanent Impairment Benefits

There are also what’s called permanent impairment benefits. This is where the treating doctor must determine if you have a permanent impairment after the accident.

After a total whole body permanent impairment rating is figured out, you can receive benefits. They can either be paid out all at once or bi-weekly.

The amount will be based on whether or not you’re earning wages or currently working. If you’re employed, then the benefit is cut in half.

Death Benefits

If death occurs within one year after the accident happened or follows disability within a certain number of years, your insurance or employer must pay death benefits to your family members. There’s a limit to the amount of money that your family can receive.

Florida Statute 440.16 states that the method of payment they choose will take your family into consideration. In special circumstances, your grandchildren, parents, sister, or brother might have a claim.

Along with the death benefits, they’ll have to pay for the funeral expenses as well. They’ll also need to pay student fees for the surviving spouse to receive extra training and education. This is at a community college.

Understanding Your Florida Employee Rights

After exploring this guide, you should have a better understanding of your Florida employee rights. Reach out to your employer and make sure to report the accident as soon as possible.

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