Your Guide to Florida’s Workers’ Compensation Benefits

You are entitled to Florida’s workers’ compensation benefits if you work in Florida. Florida law requires most employers to provide workers’ compensation coverage, compensating you for workplace injuries regardless of who is responsible for the accident.

Keep in mind that if you file a workplace accident claim, you may not be eligible to file a lawsuit against your employer. However, there are some exceptions to this law. Consult your workers’ compensation attorney to find out if you qualify for compensation in addition to your workers’ compensation benefit.

Workers’ Compensation Benefits

Workers’ compensation benefits include:

  • Medical care
  • Temporary disability benefits
  • Impairment benefits
  • Permanent total disability benefits
  • Death benefits

If you were injured at work, you are eligible for Florida workers’ compensation benefit unless your injury was accompanied by intoxication, horseplay or any other factor.

You may be eligible for up to 260 weeks of temporary disability benefits. Permanent total disability benefits are also available if you can no longer work. 

Note: You have 30 days to report your injury to your employer and two years to file your accident claim. Your workers’ compensation lawyer can help you file your claim if you need assistance.

Temporary Disability Benefits

You are eligible for temporary disability benefits while you recover from your injuries. Benefits begin after the first seven days. Benefits begin immediately if you are out of work longer than 21 days. Benefits pay two-thirds of your average weekly income with a maximum weekly limit set by the state of Florida.

Benefits continue unless:

  1. You return earning 80% or more of your entire wage.
  2. You have reached maximum medical improvement (MMI). 
  3. You have received the maximum benefits allowed.

A new law (HB 837/SB 236) has reduced the time limit for filing complaints in general negligence cases from four years to two years. Don’t wait to file your claim.

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Permanent Disability Benefits

Your doctor will evaluate your medical condition once they have placed you at maximum medical improvement (MMI). MMI is the point at which no further recovery from your injury can be reasonably expected. Your doctor will determine if you have suffered a permanent impairment to your body as a whole. The percentage of impairment decided by the doctor determines your impairment benefits. The permanent restrictions your doctor assigns at that time will be used to determine if you qualify for permanent disability benefits through age 70 or beyond.

Filing a Workers’ Compensation Claim

Follow these steps when filing a workers’ compensation claim

  1. Report the injury to your employer.
  2. Seek medical treatment for the injury.
  3. Collect workers’ compensation information from the insurance company.
  4. Know your rights and legal options if your employer refuses to report the accident or the insurance company denies your claim.

Hire Thomas J. Ueberschaer, P.A., to Represent You Today

When you are ready to move forward with your workers’ compensation case, we are here to help at every step. Thomas J. Ueberschaer, P.A. provides comprehensive legal services for victims of workplace accidents in Florida. Contact us today to get started with your claim.

We will answer your questions, address your concerns and work on your behalf to take on the insurance companies. To schedule a free case evaluation, call us at 850.741.7381.