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Workplace Injury & Law

Work AccidentAny kind of personal injury sustained by a worker during the performance of his duties, either in or outside the premises of their employer, is considered as a workplace injury, and the victim is entitled to compensation. Most cases are considered as routine, but there are potential claims further to the usual involved, and this is why it is important to consult an experienced attorney.

In Florida, workplace injury claims are handled through the Worker’s Compensation Division of the Department of Finances, and a great number of injured employees receive benefits as long as the proper procedure is followed.

The claims’ procedure

According to the state law any injury that was sustained on-the-job must be reported to the employer within 30 days from the date that the injury occurred. The claim must be supported by a report of a physician that has been approved, either by the employer, or by the employer’s insurance company. The employer must inform their insurance company within 7 days after receiving the worker’s report.

The Basic Benefits

The premise of the law is for the workers to be compensated for the income they would have otherwise received, if they were not injured. Based on the physician’s findings, the benefits include:

Temporary partial disability

After the injury, the victim may be able to return to work but without the same wages they earned before the accident. The benefit covers 80% of the difference between the previous wages and the ones after the accident.

Temporary total disability

After the accident, the victim is not able to return to work at all. The usual practice is for to cover either 66.66% of the actual wages at the time of the accident, or 80% of the regular wages.

Impairment

A worker that was injured in a way that they may never recover fully after the accident, is given a maximum medical improvement rating. Afterwards, the benefits are based on the future work restrictions and the impairment rating.

The Legal Stipulations

When a workplace injury claim is filed, the Florida laws place the following regulations to the worker’s compensations:

  1. Injured workers may receive up to 104 weeks of payments for temporary, total or partial disability.
  2. The total income from all benefits received cannot exceed 80% of the gross income of the injured employee.
  3. The injured worker may apply for Social Security Disability benefits while receiving other compensations, but the total may not exceed 80% of the gross income.
  4. An employer must keep the injured employee’s position open until they recover from the injury.
  5. An employer may not terminate the employment if an accident is reported, or during the time the worker’s compensation claim is processed.

As aforementioned, workplace injury claims may include other potential compensations such as ones derived from civil issues, or from employer or third party liability through negligent acts. Contacting Singer & O’Neil will guarantee proper guidance and receiving of the full amounts for all kinds of compensation.