FAQ: Workers’ Compensation In Florida
It is common for the average person to not understand something until it affects them personally, and this is definitely the case with workers’ compensation law. Almost all workers in Florida are covered by the state’s workers’ compensation system, with rare exceptions, but when a person gets hurt on the job, it can feel overwhelming to try and seek benefits because there are so many details to keep straight. The right attorney can help.
Some of the most commonly asked questions about the workers’ compensation process include:
How long do I have to work at a job before I’m covered by workers’ compensation? You are covered from the first minute you begin work officially if you are an employee. Many workers are employed not as full-time employees, but as independent contractors, and in general, independent contractors are not eligible for workers’ compensation benefits in Florida. The exception is in the construction industry, where contractors are required to carry coverage for all of their underlings.
What is the timeline for receiving workers’ compensation benefits after an injury? In general, you must inform your employer within 30 days of the injury (or the onset of an occupational disease). The employer must then report the injury to their workers’ compensation insurance carrier within 7 days at most. After this, their workers’ compensation insurer must reach out to you within 3 days of receiving notice from your employer.
Does my employer have to hold my job open for me while I recover? A Florida employer is not legally required to hold your job for you if you are injured. That said, they are also not permitted to retaliate or otherwise penalize you for seeking workers’ compensation benefits.
How long will my benefits last? In Florida, workers’ compensation benefits will last until your injury achieves maximum medical improvement (MMI), or until 104 weeks have passed, whichever is first. Maximum medical improvement is the point at which an injury is not expected to heal further, even if it is not completely healed. It can be difficult to determine when an injury has reached MMI, though, and may wind up a point of contention.
Contact An Orlando Workers’ Compensation Attorney
Being injured at work can be intimidating, particularly since the process for seeking benefits requires being on top of all the details. If you need help filing a claim, or if you have questions about workers’ compensation in general, an Orlando workers’ compensation attorney from the Hornsby Law Group can try to get them answered to your satisfaction. Call our office today to schedule a free consultation.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.02.html
