The Florida workers’ compensation program covers most people employed in our state. It pays medical and lost wage benefits for work-related injuries and illnesses. Because workers’ compensation must cover all potential situations, it has many rules and regulations – many of which are complicated and confusing.
To help you understand your workers’ compensation case, Edward Busch, P.A., offers the following answers to frequently asked questions in this area of the law. We can also discuss the specific facts of your case in a free consultation. Simply call or contact us today to arrange one.
For over 4 decades experienced expert attorney Edward P. Busch has been helping workers throughout Miami-Dade and Broward Counties and South Florida to obtain workers’ compensation benefits they deserve. Mr. Busch would be glad to review your case and help you as well.
Workers’ Compensation FAQs
I have been injured in a workplace accident. What can Florida workers’ compensation do for me?
Florida’s workers compensation system can help you to cover the many costs of a job-related injury or illness. This is accomplished by paying your medical expenses and also replacing a portion of the wages you have lost after being injured at work.
Workers’ compensation medical benefits under Florida Law are paid directly to doctors and other healthcare providers who treat you for your work related injury or illness.
Be aware that you should be covered for all costs, including doctors’ visits, hospitalization, diagnostic tests, surgery, prescription drugs and rehabilitation.
Lost wage benefits provide money to cover a percentage of the weekly salary you earned prior to your injury or illness. The amount you may receive and length of time you may receive it will vary depending on variables like hourly wage rate earned.
Wage replacement benefits are paid according to whether you are determined to be suffering a Temporary Total Disability, Temporary Partial Disability, Permanent Impairment, or Permanent Total Disability.
Please see our page on Workers’ Compensation for more information.
How do I obtain workers’ compensation benefits in Florida?
Under Florida’s workers’ compensation rules, your employer should submit a claim on your behalf. However it is your responsibility to report a work-related injury or illness right away to your employer so that a claim can be initiated in a prompt way.
If you have been injured in an accident at work, or your doctor has said you are too ill to continue working, you must report it to your employer within 30 days to be eligible for workers’ compensation benefits.
Your employer should report your claim to its workers’ compensation insurer within seven days of hearing from you. The insurer should send information about your claim and your rights to workers’ compensation within three days of receiving your claim.
If your employer fails to file a workers’ compensation claim for you or disputes your claim, we suggest hiring a lawyer experienced with Florida’s workers’ compensation system. This is not required, but a highly experienced and skillful lawyer like Edward P. Busch can help you to navigate a very complicated system and increase your chance of a favorable outcome.
I have a doctor I would like to see about my injury, but my employer says I must see someone else. Who chooses my doctor concerning a workers’ compensation claim?
Under Florida Law if you have a workers’ compensation claim in Florida, your employer has some say in the doctor you see for treatment related to your injury or illness. It is in fact crucial that you see the employer’s / insurer’s doctor to maintain your eligibility for workers’ compensation. In most cases, your employer will have several doctors you may choose from.
You may also see a doctor of your own choice, and if you have a regular doctor you should certainly see him or her. In some cases, it is beneficial to have a second opinion about a workplace injury or illness and the treatment your employer’s doctor recommends.
You must follow your assigned doctor’s orders to maintain eligibility for benefits. If you disagree with that treatment plan, you can appeal to the Division of Workers’ Compensation.
Attorney Edward Busch can assist if you have problems with the doctor assigned to your workers’ compensation claim.
I have an occupational illness that has left me fully disabled. Can I collect Social Security Disability benefits and workers’ compensation at the same time?
Yes. A disabled worker may receive Social Security Disability benefits while receiving workers’ compensation insurance benefits. But your SSD benefits may be reduced.
The federal SSD program assists workers who have become unable to work for a living because of an injury or illness. Under SSD rules, your total disability benefit may not exceed 80 percent of your average weekly wage prior to your disability.
Edward P. Busch, P.A., can help you coordinate your Florida workers’ compensation claim with SSD benefits and/or other public disability benefit programs.
I feel like the accident that caused my injury was because of a specific problem at my worksite. Can I sue my employer?
Workers’ compensation in Florida is a “no-fault” program. This means that in Florida the injured worker qualifies for benefits regardless of a finding of fault. In most cases, you cannot sue your employer for fault in a workplace accident. In exchange for providing workers’ compensation insurance, the employer is thereby protected from lawsuits by employees.
However, there is no such protection for non-employers, or “third parties.” For example, if you were injured when scaffolding erected by a subcontractor at your worksite collapsed, the subcontractor could be held liable for your injuries. Another example would be getting hit by another driver when you were making a delivery for work. The other driver could be sued.
Pursuing additional insurance settlements or court verdicts through such “third-party lawsuits” can increase the compensation you obtain for injuries and other losses in a workplace accident.
My employer and the insurance company have denied my claim for workers’ compensation benefits. Do I need a lawyer to help me get my benefits?
Even though you are not required to have an attorney, a lawyer can play a vital role in helping you with a workers’ compensation claim that has been challenged or denied.
An attorney experienced with Florida workers’ compensation cases such as Edward P. Busch can provide the skill and experience your claim needs and the attention you deserve.
Experienced attorney Ed Busch can help you to file a claim that it is complete and accurate. If your claim has been challenged or denied, we can represent you in appeals.
Our legal team’s goal is to do the legwork required to process your workers’ compensation claim so you can focus on your wellness and recovery.
