Fiol Law Group|Posted in Lawsuits on August 5, 2018
In the state of Florida, most employers are required to carry workers’ compensation insurance. Unfortunately, there are laws set in place that favor the employer, making it more difficult on an employee applying for benefits. These laws make it that much more important that you consult with a workers’ compensation attorney. We are available to help you through this process as well as further explain these workers compensation laws.
Statute of Limitations
- 30 days to report your injury to your employer, although there are exceptions (440.185)
- Two years to file a petition for benefits for an injury or death resulting from work (440.19)
Limits on Benefits
- Minimum of $20/week, maximum of $917/week as of 01/01/2018 (FL Rate Table)
- Temporary Total Disability (TTD) benefits = 66.67 % of your avg. weekly wages, 80% for critical injuries (440.15(1))
- Temporary Partial Disability (TPD) benefits = 80% of the difference between 80% of your wages pre-injury and your wages post-injury (440.15(4))
- Impairment income benefits are decided based on your impairment rating (Impairment Income Benefit Calculator)
Time Limits on Benefits
- Benefits begin on day 8 for disabilities that last less than 22 days (440.12)
- Benefits begin on day 1 if the disability lasts more than 21 days (440.12)
- Benefits for psychiatric claims that are a result from physical injuries are limited to 6 months (440.093)
- 104 weeks of TTD and/or TPD benefits (440.15)
- Illegally employed minors who are injured will receive up to double in damages (440.54)
- After suffering from a work related injury, your employer will refer you to a doctor through the company’s workers’ compensation insurance. This doctor will diagnose you and provide a treatment plan. The issue here is that you are relying on a doctor who is not your own and who works for the insurance company. The risk of a misdiagnosis is higher as the insurance company may work closely with this doctor to limit their benefit payments or avoid them altogether.
- The amount of time you’re allowed to receive workers’ compensation checks is limited by law. Even if you don’t feel completely healthy yet, once a doctor approves you to go back to work then the benefits will stop.
- Your job is not protected! Employers are not required to hold your position until you return.
- The insurance company will do what they can to limit benefit payments. Disabilities can be hard to prove and if you’re able to execute any other job then they may not have to pay you. Even if you would make significantly less money performing another position, if you’re able to work then benefits can be denied.
- If you are in need of an experienced workers’ compensation attorney, then one may be difficult to find. Due to Florida laws, law firms are limited in their ability to get paid when representing a client in a workers’ compensation lawsuit. They can receive payment from the insurance company or from the insurance company via the employer. Payment may not occur until a settlement is reached, which could take months.
If you have suffered a work-related injury then you are in need of a highly experienced workers’ compensation attorney to be on your side. We are willing to fight to get you the benefit payments you deserve. Begin a live chat now or contact us for a free consultation today.