Every year, thousands of people are injured throughout the United States in work related accidents. In Florida alone, almost 25,000 people are injured in work accident compensation incidents every month. Whether the work accident results in a person's death, permanent disability, or just a nagging back, knee or shoulder injury, Florida's Workers' Compensation laws hold an employer responsible for providing medical care and wage benefits when such an accident occurs. The laws which require employers to provide medical care and wage benefits are set out in Chapter 440 of the Florida Statutes.
Florida Workers' Compensation Laws Can Be Confusing
Section 440.015 states that the Workers' Compensation laws are to assure "the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful re-employment". The Workers' Compensation laws are supposed to be an "efficient and self executing system". However, there are hundreds of pages of Florida Workers' Compensation laws and rules which apply. These can become the source of much confusion and aggravation after you suffer a Workers' Compensation injury.
Some of the initial questions that arise in a Workers' Compensation case are:
1. Did you suffer an accident?
An accident is defined in Section 440.02 as an "unexpected or unusual event or result that happened suddenly." This can include aggravations of pre-existing conditions or injuries or disease caused by exposure to a toxic substance such as fungus or mold;
2. Did you suffer an injury?
An injury is defined as a personal injury or death by accident arising out of and in the course of your employment including, injuries to dentures, eyeglasses, prosthetic devices and artificial limbs. Normally injuries sustained driving to and from work are not covered under Florida's Workers' Compensation laws except in limited circumstances. In order for a person to be entitled to medical care and wage benefits for an injury, the accident at work must be the "major contributing cause" of the need for medical treatment (more than 50% responsible for the injury as compared to all other causes).
3. Am I entitled to wage benefits?
Florida Statute 440.15 establishes Workers' Compensation rules for when an injured worker should be paid wage benefits. Basically, if your Workers' Compensation doctor says you are unable to return to work, or can only return to work in a light duty capacity, you may be entitled to wage benefits. You may also be entitled to impairment benefits (a form of wage benefits) once your doctor releases you from his care.
There is an old saying that "what you don't know, won't hurt you." Unfortunately this does not hold true for Florida's Workers' Compensation rules. There are many different rules which apply to whether your injury actually occurred on the job, whether you are entitled to medical care and/or wage benefits, whether you are entitled to a Workers' Compensation settlement, and the many defenses an insurance company will try to raise to reduce any benefits they may have to pay you. To sort through the many Florida Workers' Compensation rules which apply to you after you have been injured, and to obtain all the Workers' Compensation benefits that you are entitled to, speak with a Florida Workers' Compensation attorney as soon as possible after you have been injured.
If you have questions concerning Florida Workers' Compensation laws, contact Florida Workers' Compensation Attorney Joseph M. Maus. For a free consultation, call 1-866-556-5529.
