Florida’s workers’ compensation system is complex, and injured workers in St. Petersburg, FL, often has many questions about it. Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers have prepared this list of frequently asked questions and answers.
If you have specific questions about your claim, call us for a free consultation with a St. Petersburg workers’ compensation lawyer at (727) 796-8282.
How Can a St. Petersburg Workers’ Compensation Lawyer Help?
Injured workers sometimes do not know that they need a St. Petersburg workers’ compensation attorney until they run into problems. They might think that their employer will treat them fairly and not hassle them after they were injured on the job.
However, this is not the experience for many injured workers who find themselves fighting against their employer’s insurance carrier for the benefits to which they are entitled.
An experienced workers’ compensation lawyer can help by:
- Providing appropriate legal advice about how to file a claim
- Helping you to file a timely claim or appeal
- Explaining your legal options at each phase of the case
- Protecting your rights by arguing against an unfavorable disability rating or other finding
- Negotiating a fair recovery
Our team has decades of experience helping injured individuals recover the compensation they need and deserve. Contact us today in St. Petersburg, Florida, for help.
Which Employers Are Required to Carry Workers’ Comp in Florida?
According to the Florida Division of Workers’ Compensation, the following employers are required to carry workers’ compensation in Florida:
- Construction industry businesses with one or more employees, including the owner of the business
- Agricultural businesses with six regular employees or 12 seasonal workers
- Businesses in other industries with four or more employees, including business owners
According to these rules, most employers in Florida are required to maintain workers’ compensation coverage.
What Types of Injuries Does Workers’ Compensation Cover?
Florida workers’ compensation covers the following types of workplace injuries:
- Accidental injuries arising out of and in the course and scope of employment
- Occupational diseases or infections resulting from accidental injuries
- Death resulting from accidental injuries within specific periods of time
However, workers’ compensation does not cover all types of injuries. It specifically excludes compensation for:
- Mental or nervous injury due to stress, fright, or excitement
- Work-related conditions that cause an employee to fear or dislike another individual because of a protected class status
- Pain and suffering
While workers’ compensation is no-fault insurance, it does not provide benefits when an injury is caused because of the employee’s willful intent to injure or kill themself or another or because the employee was intoxicated or under the influence of drugs.
What Is the Deadline to Report a Work-Related Injury?
The deadline to report a work-related injury is 30 days, but you should report it to your employer as soon as possible.
What Types of Benefits Does Workers’ Comp Provide?
There are several different types of benefits to which an injured employee may be entitled, including:
- Medical benefits – Injured workers should have the necessary medical care, treatment, and prescriptions related to their injury covered. You must receive treatment from an authorized health provider.
- Temporary total disability benefits – If your injury prevents you from doing any type of work but you are expected to recover, you can receive temporary total disability benefits that are equal to two-thirds your average weekly wages.
- Temporary partial disability benefits – If you were injured at work but can work with some restrictions, you may be eligible for temporary partial disability benefits if you are earning less than 80% of the wages you earned before your injury. These benefits are equal to 80% of the difference between 80% of your pre-injury average weekly wages and the current amount you are earning.
- Permanent total disability benefits – If your injury leaves you permanently unable to work, you may be able to receive permanent total disability benefits once you reach maximum medical improvement. The amount of these benefits depend on the impairment rating your treating doctor assigns you. These benefits may be paid up to the age of 75 or until death.
- Permanent partial disability benefits – If you are left permanently disabled but can still do some work, you may be eligible for permanent partial disability benefits. The amount of these benefits depend on the impairment rating your treating doctor assigns you.
- Death benefits – If you die because of an accident at work, your family could receive funeral expenses of up to $7,500 and additional compensation through death benefits.
- Vocational rehabilitation benefits – You may also be entitled to re-employment services, which help you find a job faster by providing services such as job-seeking skills training, vocational counseling, an analysis of your transferable skills, training, education, and selective job placement.
An experienced workers’ compensation lawyer can carefully evaluate your claim and determine the benefits to which you may be entitled.
Schedule a Free Consultation with Our Florida Workers’ Compensation Lawyers
If you would like to learn more about your rights under Florida law, call Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers at for a free consultation with a St. Petersburg workers’ compensation lawyer. We’re standing by to take your call.