Clarifying workers compensation law
Workers’ compensation benefits provide medical treatment, partially replace lost wages and help you get back to work. Many claims, however, are denied or full benefits are not received by the injured employee. Employers and insurance companies often claim injuries occurred outside the scope of employment or dismiss injuries as not as serious as claimed. As a Tampa workers’ compensation attorney, I have helped hundreds of injured and disabled workers obtain the benefits they deserve for more than two decades. Workers’ compensation is complicated and difficult to navigate without a knowledgeable legal advocate on your side. If you have been injured in the workplace, you need a Tampa workers’ compensation attorney on your side to ensure you are treated fairly and receive the benefits you deserve.
There are many questions surrounding workers’ compensation. Here is a list of some of the most commonly asked questions and answers. Please call our office for additional information.
- What is workers’ compensation?
- What injuries qualify for workers’ compensation benefits?
- What is the time limit for filing a claim?
- What benefits are available through workers’ compensation?
- What percentage of my wages will be covered?
- Am I allowed to take legal action against my employer for the injury?
- What if the injury was my fault? Am I still covered?
- Is my job in jeopardy if I file a claim?
If you have been injured on the job, contact a Tampa workers’ compensation lawyer today for a free consultation
A job-related injury or illness can change your life forever, making workers’ compensation benefits more important than ever. If you have questions about workers’ compensation, need to file a claim or have been denied, contact me Tampa workers comp attorney Joseph Rooth at 727-849-3400 or online. Offices in New Port Richey, Spring Hill, Seminole and Clearwater for your convenience.
What is Workers’ Compensation?
Workers’ compensation is a federally-administered program designed to provide compensation to employees who become ill or injured while on the job. Though administered by the federal government, each state (including Florida) has its own set of workers’ compensation laws and policies.
What injuries qualify for Workers’ Compensation benefits?
Any accident, injury or illness that arises in the course of employment should qualify for workers’ compensation benefits. This may include physical injuries, occupational diseases and even mental injuries. Some injuries occur suddenly, while others may occur over time due to repetitive activities. Employees who suffer both one-time and progressive injuries, short-term or long-term, are eligible to receive workers’ comp. There are a few exceptions to this rule, which include:
- Injuries the employee suffers while committing a serious crime.
- Self-inflicted or intentional injuries.
- Injuries incurred while the employee is in violation of official company policy.
What is the time limit for filing a claim?
In Florida, you have 30 days from the date you are injured, or realize you have been injured, to report your injury. However, it is strongly recommended that you report the injury as soon as possible. Once your injury is reported, you have up to two years from the date of the injury to file a formal workers’ comp claim.
What benefits are available through workers’ compensation?
All medical expenses related to the illness or injuries may be paid by workers’ compensation insurance. Short-term/long-term disability and payments for missed work, rehabilitation, and in some cases retraining for a new position may also be covered.
What percentage of my wages will be covered?
You are entitled to compensation up to 2/3 of your lost gross wages for time missed from work due to a job-related injury or illness.
Am I allowed to take legal action against my employer for the injury?
Under workers’ compensation laws, you are not permitted to bring a personal injury lawsuit against your employer for damages resulting from the injury or illness you received while on the job. You can, however, bring legal action against a third party (such as a vendor) if it can be proven that they bear some responsibility for the incident.
What if the injury was my fault? Am I still covered?
The tradeoff for not being able to sue your employer is that workers’ compensation benefits are payable for your injuries regardless of fault, as long as they do not fall into one of the aforementioned exception categories, such as injuring yourself intentionally or violating company policy.
Is my job in jeopardy if I file a claim?
Yes and no. Under workers’ compensation laws, employers cannot retaliate against employees who report and injury and file a claim. Unfortunately, however, the employer has no legal obligation to keep your current position open while you are out of work.