Getting hurt in an accident at work, or sick because of conditions you were exposed to on the job, can take a physical and psychological toll on your health. It can also be disruptive to your weekly income and your entire family’s wellbeing. Fortunately, most workers in Florida have access to workers’ compensation insurance coverage through their employers that should provide relief in the event of a work-related injury or illness.
Getting a positive result from your workers’ comp claim can be more complicated in practice than it might seem on paper, as any experienced personal injury attorney knows all too well. If you want to ensure that you receive the benefits that you are entitled to, you should seek help from a Miramar Beach workers’ compensation lawyer.
In general, Florida’s Workers’ Compensation statute requires all employers with four or more employees—including part-time employees—to maintain workers’ comp coverage for all of their employees. However, companies that operate in certain industries may have different rules applicable to them in this regard. For example, all construction companies with one or more employees must have workers’ comp coverage. Agricultural companies must provide it if they have at least six employees, or at least 12 seasonal employees who work at least 30 days in a single season but no more than 45 days over the entire calendar year.
If a worker in Miramar Beach has access to workers’ compensation coverage, then that coverage should apply to any injury or illness that worker sustains in the course and scope of their employment. This applies to any work-related injury or illness, regardless of fault. Potential situations include improper handling of machines or tools, inadequate worker training, improper or non-existent safety measures, among others.
With that being said, the workers’ comp coverage may not be available in situations where a worker suffered harm due to horseplay, extremely reckless behavior like being drunk on the job, or while they were doing something non-work-related.
A Miramar Beach workers’ compensation attorney could review a particular situation in detail during a private consultation and offer legal guidance.
Individuals covered by workers’ comp who properly notify their employers of on-the-job injuries or illnesses within 30 days are entitled to full reimbursement for all medical care deemed necessary by their employer or that employer’s insurance provider. Workers should ignore any employer who urges them not to file a claim, since they will likely not be able to receive anything if they miss the 30-day window.
If that worker is disabled and unable to work for longer than seven consecutive days, they would also be entitled to receive a portion of their average pre-injury weekly wage as disability benefits from that point forward. This portion is usually 66 and two-thirds percent of their typical wage.
If their disability lasts 21 days or longer, they can also retroactively receive benefits for their first seven days missed from work. Finally, if an injury or illness causes a permanent loss of working ability, the affected worker may be entitled to long-term disability benefits as well. A workers’ compensation lawyer in Miramar Beach could further explain what benefits a person might be entitled to.
It is one thing to understand what rights you have under state workers’ compensation law after a job-related injury or illness. Successfully enforcing those rights and getting the benefits you deserve can be more difficult. Like any other insurance company, workers’ comp insurance providers will go to great lengths to minimize their own financial liability for a worker’s injuries. Pushing back against this kind of opposition can be difficult without professional guidance and support.
If you were hurt on the job, you deserve help from a Miramar Beach workers’ compensation lawyer who will be at your side during tough times. Schedule a free consultation today with a team member from Emmanuel Sheppard and Condon.