Thousands of workers show up each day and face countless dangers while attempting to complete their job. Unfortunately, some of these workers will experience an injury or disease. Often as a direct result of simply doing the duties described in their job description.
These injuries can prevent the individual from earning an income, or even getting through a normal day. It also means facing a momentous amount of pain. In these cases, workers compensation eligibility should be examined. This will be the key to the individual receiving the financial compensation they deserve.
If you or someone you know has suffered an injury or disease from their place of work read on. We’ll be discussing workers compensation eligibility in Florida, what it entails and how to file for it.
Whether or not you need to file for a workers compensation claim will depend on a number of factors. This includes the compensation structure already set in place by your employer.
In most cases, benefits provided by your employer are paid through a private insurance company. This coverage should have began once you were officially hired by the job site.
Florida state law requires that all employers have Workers Compensation Insurance. This guarantees that any workers in need of disability or injury payment can be adequately taken care of.
Depending on the type of Workers Compensation Insurance, your employer should cover any underlying medical expenses. It should also cover disability payments to cover the time period in which you’ll be recovering and unable to work.
While the coverage may not give the individual their full pay, it will usually cover up to two-thirds of their paycheck.
When you first sign on it’s important your employer provides you with all the paperwork needed for your worker’s compensation plan. In addition to this compensation plan, you may be requested to fill out accident reports. These pertain to any injuries or diseases that have come from your place of work.
These forms will be assessed and will often be the first document examined when a workers compensation claim is filed.
While it’s your employer’s job to ensure that you’re signed up for workers compensation, there are a few requirements that must be met in order to be eligible to receive workers compensation. These requirements include:
Those who meet the requirements above will be eligible to receive the benefits of Workers Compensation. This is providing that they have correctly filed their claim.
Many employees have a hard time determining whether or not their injury may be considered work-related. There also may be questions if the accident is eligible for workers compensation.
For example, the injury could have taken place while leaving the workplace or at a third-party location. What’s important is that it’s related to your job but not located on the premises.
There’s a simple rule of thumb here. If your injury occurs while doing your job or as a result of a direct request from your employer, it’s considered a work-related injury.
This means that even if you were driving to deliver a contract to a client when an automobile accident occurred, you’re still entitled to workers compensation.
It’s important to remember that there are plenty of gray areas when it comes to workers compensation. Which is why it is suggested to always speak with legal counsel prior just filing your compensation claim. This can help you get a clear idea of what you’re entitled to.
The current Florida state law states that an employee must file for their worker’s compensation within two years of the injury or illness. However, there are some cases in which the two years may not apply.
If you were intimidated into not reporting your injury, for example, you may be able to file outside of the two-year window.
This may also be the case for specific injuries or illnesses that take longer than two years to show signs in the body. Again, it’s highly recommended to speak with legal counsel to determine whether or not you’re still within the timeline to file a workers compensation claim.
Have you been injured or have been sick due to your workplace environment? If so, look into your workers compensation eligibility as early as possible.
Your eligibility may vary depending on various factors of the event. However, you may be entitled to receive compensation as well as coverage for disability leave.
If you’re still unsure as to whether or not you can file for workers compensation, contact us today so we can provide you with the information you need to get started. We will sit down to discuss everything that occurred during the event and to give you a realistic legal view of the situation.
From here we can let you know what you may be entitled to if you choose to pursue your worker’s compensation. Florida state law says it’s your legal right to receive coverage for any damage towards your health at your workplace, and we’re here to help you do just that.