Getting hurt or becoming sick at work will qualify many employees for Florida’s workers’ comp to cover related expenses.
The complexities of getting a claim reinstated may require the knowledge of an experienced lawyer. A Stuart workers’ compensation lawyer could offer free case review consultations to workers facing difficulties with the system.
Florida law requires businesses with more than four employees to provide workers’ comp. However, the claim must meet specific requirements for the insurance to apply. For example, if an employee is a truck driver for a company and suffers an injury in a crash, the government will deny the claim if the driver wasn’t doing work-related duties by taking time to run a personal errand in the truck.
To avoid missing the 30-day cutoff, an employee must promptly report an injury or illness to a supervisor and go to a physician chosen by the employer. The worker also must seek medical attention quickly to ensure that further harm from inattention does not happen. If a cut finger left unattended becomes infected, the new damage may not qualify because of the employee’s delay. In cases of illness, reporting time begins when the employee first noticed symptoms.
The insurance covers the cost of medical care and a portion of the earnings an employee loses from the inability to work. In Florida, wage protection is 66 percent of the employees’ average earnings from a week’s work. They calculate the exact amount of earnings 91 days before the injury or illness.
Florida law does not allow an employee receive disability insurance if they only miss seven days of work, but if the disability lasts more than 21 days, they will receive payment for that the seven-day period. Payments are generally biweekly.
Injured or sick workers who receive social security benefits can also get workers’ comp benefits at a reduced rate. An employer cannot fire a worker for filing a workers’ compensation claim. However, under Florida law, the employer does not have to hold the worker’s job open until the employee is able to return. If the worker cannot return to the previous line of work, they can receive job counseling and re-training. Speak with a Stuart lawyer to learn more about the benefits of workers’ compensation.
The state could potentially reject workers’ compensation claims if they do not follow the established rules or procedures. For example, an injury or ailment does not qualify if it happened previously or if the assigned duties did not exacerbate an existing condition.
The employee may challenge a denied claim by submitting a Petition for Benefits. Generally, the employee has two years to file the petition, but that depends upon the issue of the dispute. If the petition is not successful, the employee can go to the appeals board of the Division of Workers’ Compensation in the Florida Department of Financial Services.
Should that fail, they can go to the Florida Office of Insurance Regulation, and then the Florida First District Court of Appeals. Contact a Stuart lawyer to find out more information about what to do when a workers’ compensation claim is denied.
If you suffer an injury at work, a Stuart workers’ compensation lawyer may be able to help you receive your benefits. Call today for a free consultation.
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