Fact: In 2017, the state of Florida recorded 54,143 workers’ compensation claims, totaling nearly $1B in payouts and settlements.
When you are injured at work, many questions arise. You may worry about missing too many days on the job, paying your bills if you can’t work, or even if you will have a position to return to when you are able. During this stressful time, a workers’ compensation attorney can provide clear direction and guidance when you need it most.
What is Workers’ Compensation Insurance?
Workers’ compensation insurance is carried by your employer at no cost to you. This coverage will pay for reasonable and necessary medical care if you get hurt or get sick because of an injury on your job. Workers’ compensation coverage is also structured to partially replace your lost wages if your doctor deems you unable to work.
After an Incident, Who Do I Call?”
You should immediately notify your supervisor/employer both of your injury, and your intention to file a claim. Your employer will inform you of the doctor(s) or medical care center(s) approved by the workers’ compensation insurance company.
They will fill out a First Report of Injury or Illness, and provide a copy to you.
You have 30 days to report an incident to your employer, but you will not receive any benefit payments until at least 3 weeks after you report.
- If the situation is a medical emergency and the supervisor/employer cannot be reached, go to the closest emergency care facility or call 911. Report the incident as soon as possible.
Do I Get Paid Workers’ Comp if I am Able to Return to Work?
Workers’ compensation insurance is designed to pay for reasonable and necessary medical bills incurred due to the job-related accident, including care, prescription drugs, and medical equipment such as a wheelchair or crutches. The coverage will also pay indemnity benefits (lost wages) if you are unable to return to work for a period of time greater than 7 days.
Although factors may influence the exact payout, the general rate of payment in Florida is 66 2/3% of regular pay, for up to 6 months (depending on severity and nature of your injury).
If you are allowed to return to work but in a lesser capacity than before the accident – and your pay is less – you will receive a benefit to help to make up for the reduction in pay.
Therefore, yes – you can be working and still collecting workers’ compensation benefits.
Can I Be Fired When on Workers’ Compensation?
In Florida, you cannot be fired for filing a claim – that is known as retaliation, and it is illegal. However your employer is not required to hold your position for you if you are out for an extended period of time. This can create a gray area.
Workers compensation laws and regulations are complex, and the above is meant only to provide general knowledge. The State of Florida’s Workers’ Compensation System Guide is a comprehensive source of information in this area.
If you have suffered an injury while on the job in Sarasota or Bradenton; or if you have lost your job and have questions regarding your rights, call a Sarasota attorney who specializes in workers’compensation cases.
