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Understanding Florida's Workers' Compensation System
The Florida workers' compensation system is primarily governed by Chapter 440, Florida Statutes. It is designed to ensure the swift and efficient delivery of benefits to injured workers at a reasonable cost to employers and insurance companies. The system operates as a basic compromise of rights. The injured worker forfeits the right to sue for any injuries occurring on the job in exchange for a guaranteed framework of medical, indemnity and retraining benefits.
The employer forfeits the right to argue that the employee was responsible for their own injury, totally or in part, in exchange for immunity from a lawsuit and certainty in their financial exposure.
Employers in Florida are required, by law, to carry workers' compensation insurance for their employees in most cases or to otherwise self-insure against workers' compensation claims.
Injured at Work? Here's What You Need to Do.
Notify Your Boss:
If you are hurt on the job, the first thing to do is tell your boss. Notifying your employer of the injury is required by law, and ensures that you don't lose your right to get workers' compensation benefits. Notifying your employer must happen within 30 days of the injury.
Visit the Right Doctor
Not only should you visit the doctor for a complete physical evaluation, but you also need to make sure you go to the right doctor. To be covered by workers' comp insurance, you need to see a doctor authorized by your company.
"Broken Arm" Poster
In Florida, workplaces usually have this poster to display the name and phone number of the insurance company that handles work comp claims at that place of business. At this stage of the process, you may need to get in touch with them about your claim. If you choose our law firm to help with your case, we can do this for you.
Know Your Rights
Within 3-5 days of the injury being reported, you should receive a call from an insurance claim adjuster as well as an informational brochure to go over your legal rights and options. An attorney can also inform you of your rights and help you fill out the necessary forms provided by the Employee Assistance Office of the Division of Workers' Compensation.
In the majority of cases, the system works as intended. Injured workers receive necessary medical care, and indemnity benefits if they have to miss time from work. They recover and are then able to rejoin the workforce, or are compensated appropriately if they are unable to return to work or, in extreme cases, sustain a catastrophic injury or death. However, the Florida workers' compensation system is extremely complicated and disputes can and do arise over whether benefits are owed, or to what benefits an injured worker may be entitled.
Call (888) 897-2373 to Schedule Your Free Consultation
If you need information concerning a workers' compensation claim or regarding Florida worker's compensation law in general, you should contact the Workers' Compensation Trial Group. We can provide the legal guidance you need concerning these issues and how they may affect you or your business. Our attorneys are well-versed in workers' compensation law and have 25+ years of combined legal experience in handling any legal matter concerning this complicated field of law.
Contact an Orlando workers' compensation attorney at the firm for legal assistance today!