Florida Workers’ Compensation Disability

Workers’ compensation provides injured employees with income to help cover the costs of living after a serious injury that prevents the employee from working or limits the employee’s ability to work.  The compensation is dependent on the type and seriousness of the injury suffered.  Contact us today if you have been denied a workers’ compensation claim to discuss your rights and options.

How Do I Make a Workers’ Compensation Claim in Florida?

Always seek immediate medical attention if you have been injured while working.  There are specific things that you must do to ensure you receive compensation for your injuries.

• Tell your employer you have been injured, as soon as possible. You are required to report the accident within 30 days of your knowledge of the injury.
• Your employer should tell you which doctor(s) you can visit to get a diagnosis of your injury. Remember, you must see a doctor authorized by your employer or the insurance company.
• If your injury is an emergency, and your employer is not available to tell you where to go, you should go to the nearest emergency room.
• After the injury is reported to the insurance company, you may receive a call from a claims adjuster who should explain your rights and obligations.
• Within a few business days after the accident is reported, you should receive an informational brochure explaining your rights and obligations.

Once you have received medical attention for your injuries you should meet with your employer and explain to them what work the doctor said you are able to do (if any).  If possible, have your doctor provide a note explaining your condition and any work limitations.  You will also want to provide the same information to the insurance company.

Contact us if you have any questions about the process or if you believe that your employer or the insurance company has acted improperly.

What are the Different Types of Disability?

Florida has categorized temporary disabilities into two broad categories:

Temporary Total Disability:  Temporary total disability arises when your doctor says you cannot work at all.  Compensation for temporary total disability should equal about 66% of your regular wages at the time you were hurt.  For example, if you made $1,000 a pay period you should receive approximately $666 in workers’ compensation.  This percentage may be higher if your injury is considered critical.  These benefits are paid to you beginning on the 8^th day after you lose time from work.

Temporary Partial Disability:  Temporary partial disability occurs if you can return to work, but you cannot earn the same wages you earned prior to being hurt.  If you are considered to have a temporary partial disability then you will receive money equaling 80% of the difference between 80% of what you earned before your injury and what you are able to earn after.  This calculation can be complicated and it is best to have a legal professional review it.

Florida also recognizes that there are times when an injury may be so severe that it prevents the employee from ever returning to work.  You will be considered to have a permanent total disability if after reaching maximum medical improvement you are left permanently unable to work.

There are other types of workers’ compensation disability benefits that may be available to you.  Contact us today to discuss.

Are There Penalties for Fraudulent Disability Claims?

Certain false disability claims are considered criminal offenses.  In Florida, it is unlawful to file a false claim of injuries or exaggerating injuries.  Florida requires that an injured worker sign an attestation of the following statement:  “Any person who, knowingly and with intent to injure, defraud, or deceive any employer or employee, insurance company, or self-insured program, files a statement of claim containing any false or misleading information commits insurance fraud.”

For more information about workers’ compensation in Florida, please review the Workers’ Compensation System Guide prepared by the Florida Division of Workers’ Compensation.

Mike Murburg, PA

Contact us immediately if you are unsure if you should make a disability claim.  We can review your case and help you make appropriate and timely filings.  The attorneys at Mike Murburg, PA have dedicated their careers to helping the injured get the compensation that they deserve.  Contact us today at 877-774-2889 or online to discuss your workers’ compensation claim.