The Florida Workers' Compensation Law is very complex. The Florida Legislature enacts by statute the benefits an injured worker is entitled. There have been numerous changes in the law over the last ten (10) years and entitlement to benefits depends on the date of an injury. In addition to the legal complexity, the Florida Workers' Compensation system is extremely frustrating to injured workers. Unfortunately, once an injury occurs in the workplace, the employer is required to report the injury to the insurance carrier and the injured worker ("claimant") is automatically in the Florida Workers' Compensation system. The general rule is that an employee can not sue the employer in Florida (unless gross negligence ) and must pursue benefits through the Florida Workers' Compensation Act.
What are your rights? Claimant's are entitled to medical care and indemnity benefits (loss wages) paid by the insurance carrier. The claimant is required to report the on-the-job injury to the employer within thirty (30) days of the accident. The employer is required to notify the insurance carrier and the insurance carrier is to provide prompt medical care to the claimant. Once a doctor is assigned, the doctor will determine the claimant's work status (no-work, light duty, full-duty). Depending on the work status, the claimant may be entitled to indemnity benefits. The rate of compensation is determined by the claimant's average weekly wage (aww) for the thirteen (13) week period prior to the date of accident. The carrier will pay 66 2/3 percent of the average weekly wage if the claimant is placed on a no-work status (temporary total disability). Entitlement to compensation under a light duty status (temporary partial disability)depends on numerous factors. This issue is often litigated in the workers' compensation system.
Once the insurance carrier accepts compensability of the claim, the claimant will be in the Workers' Compensation system unless the claimant does not go to a doctor at least once a year or the claimant voluntarily settles the claim with the insurance carrier. The insurance carrier can not force a claimant to settle a workers' compensation claim.
Unfortunately, the beginning to the end of a workers' compensation case is very frustrating. The insurance carrier is not in the system to take care of claimant's. Rather, they are in the system to make money. However, the law requires the carrier to provide benefits to the claimant. Anytime there is a financial interest in a decision, the insurance carrier will make a decision in their best interest and not in the best interest of the claimant. Therefore, many benefits are denied or not promptly provided by the carrier. The Florida Workers' Compensation Law does not provide an adequate incentive for the Insurance carrier to provide benefits in a timely manner.
There is a legal process set up to resolve disputes between insurance carriers and claimants. Unfortunately, the system is back-logged due to the high volume of claims filed in the system. Once a benefit is denied, a claimant must file a legal pleading called a "Petition for Benefits". The Judge of Compensation Claims will set a mandatory mediation within 130 days and a final hearing within 210 days.
The Florida Workers' Compensation System is confusing and frustrating. Our firm specializes in representing injured worker's in the Florida Workers' Compensation System. We never represent insurance carriers. We have represented over 2,000 injured worker's in the system. We will be your "legal guide" through the Workers' Compensation System.
The insurance carrier knows the system and you have the right to have someone fight for you.
Call today for a FREE CONSULTATION!!
Toll-Free (877) 849-5353 or 727-849-5353
1-800-4-INJURY
Via email Don@pascolawgroup.com
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The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use. |