In 2021, Florida’s workplace fatalities rose to 315, with slip and fall accidents contributing to 69 of these tragic incidents. This stark statistic highlights a harsh reality for workers in the Sunshine State: the ever-present risk of injury at work. In the face of such risks, the support of a skilled workers’ compensation attorney is vital. 1-800-Injured connects you to attorneys in Doral who are knowledgeable and experienced in Florida’s workers’ compensation system. Call us or send us a message online today.
Eligibility for Workers’ Compensation in Doral, FL
Here is a list of employees who are generally covered under the workers’ comp system in Doral, FL:
- Construction workers
- Corporate officers in construction
- LLC members in construction
- Employees in non-construction businesses (with four or more employees)
- Corporate officers in non-construction businesses
- LLC members in non-construction businesses
- Agricultural workers (in companies with six or more regular employees or 12 or more seasonal workers)
- Seasonal agricultural workers (working more than 30 days in a season)
- Employees of out-of-state employers working in Florida
- Subcontractors in construction
- State government employees
- Local government employees
- Firefighters
- Law enforcement officers
- Public school teachers
- State university and college employees
- County and municipal workers
- Public transportation workers
- Healthcare workers in public institutions
- Emergency medical technicians (EMTs) and paramedics
If you get injured while on the job, you must report the injury to your employer within 30 days to be eligible for workers’ comp benefits. Keep in mind that your injury must be work-related. Injuries that occur while commuting to and from work, for instance, are not covered.
Who Is Not Qualified to File a Workers’ Comp Claim in Doral, FL?
Independent contractors, volunteers, and certain types of agricultural workers are generally not covered under workers’ compensation in Florida.
Part-time versus full-time employment can influence the legal rights to benefits. In Doral, Palm Beach, Miami-Dade, and other South Florida areas, if you are injured while engaging in activities not related to your job duties, it may not be covered under workers’ comp according to the United States Department of Labor (Office of Workers’ Comp Programs) as well as Florida Workers’ Compensation system.
However, you might be able to file personal injury claims if third-party negligence is involved.
How Does Workers’ Compensation Work in Doral?
Under Florida law, you must notify your employer about your workplace injury as soon as possible, but no later than 30 days after the workplace accident. The report should include details about the injury, such as how, when, and where it occurred, and a description of the symptoms or issues experienced.
Once your employer receives notice of your injury, they are obligated to report it to their workers’ compensation insurance carrier. The employer typically has seven days from the time they were informed of the injury to notify their insurer.
Upon receiving notification from the employer, the insurance company formally initiates the workers’ compensation claim process. They will review the claim to determine your eligibility for benefits. They will contact you to gather more information, explain the benefits, and outline the next steps in the process.
As per workers’ compensation laws, injured workers must visit healthcare providers who are authorized by their employer’s insurance. Treatment from an unauthorized provider may not be covered under workers’ comp.
This insurance covers all necessary medical treatment related to the work injury. This includes, but is not limited to, doctor visits, hospitalization, physical therapy, prescriptions, and necessary medical equipment. Medical benefits under workers’ comp continue as long as treatment is necessary and related to the work injury.
Benefits Available Under Workers’ Compensation Claims in Doral, FL
In addition to the medical benefits, you can also recover wage replacement benefits to partially compensate for lost wages if you are unable to work due to a work-related injury or illness.
Here are the different types of wage replacement benefits you may qualify for:
- Temporary total disability (TTD) benefits: If you are completely unable to work for a temporary period due to your injury, you may qualify for TTD. The benefit amount is usually 66 2/3% of your regular wages.
- Temporary partial disability (TPD) benefits: If you can return to work but at a reduced capacity (and pay), TPD benefits may be available to make up a portion of the wage difference.
- Permanent total disability (PTD) benefits: For when an injury results in permanent disability and you are unable to return to any kind of work.
- Permanent partial disability (PPD) benefits: For when the injury has long-term or permanent effects, which might not completely prevent you from working but still significantly impact your earning capacity.
For injuries that result in permanent total disability, benefits can continue until the age of 75. However, if the worker is not entitled to Social Security benefits, these may continue for life.
Victims can receive temporary benefits (both TTD and TPD) for a maximum of 104 weeks or until the employee reaches maximum medical improvement (MMI). MMI is determined by the authorized treating physician and means that the employee’s condition is no longer expected to improve significantly.
What if My Workers’ Comp Claim is Denied?
If there is a dispute regarding your claim, you have the right to challenge the decision through a formal process facilitated by the Florida Division of Administrative Hearings (DOAH). This process can resolve disagreements between you, your employer, or the workers’ compensation insurance provider.
Here is how it works:
- File a petition for benefits with the DOAH. This petition must detail the specific benefits or issues in dispute, such as medical treatment, wage replacement benefits, or the overall eligibility for compensation.
- The petition should be filed within two years of the date of the workplace accident or within one year of the last provision of benefits.
- Before a formal hearing, a mediation conference is required. Mediation is a less formal, more collaborative approach to resolving disputes and is conducted by a neutral third-party mediator.
- If mediation does not work, the case proceeds to a formal hearing before a Judge of Compensation Claims (JCC).
- During the hearing, both sides present evidence, including documents, witness testimony, and medical records. You have the right to be represented by a Doral workers’ compensation lawyer, which is advisable due to the legal complexities involved.
- After considering the evidence, the JCC issues a final order, outlining the judge’s decisions on the issues presented. The judge’s order is binding unless appealed.
If you disagree with the JCC’s decision, your workers’ compensation lawyers can appeal to the Florida First District Court of Appeal. Appeals must be filed within a specific timeframe, usually 30 days from the date of the JCC’s order.
No-Fault System for Workers’ Compensation Benefits in Doral
In Florida’s no-fault system, workers’ comp benefits are provided to injured employees regardless of who was at fault for the injury. Whether the injury was caused by the employee’s mistake, a co-worker’s actions, or the employer’s negligence, the employee is still eligible for benefits.
In exchange for these guaranteed benefits, employees generally cannot sue their employers for injuries covered by workers’ comp. There are exceptions, however, such as cases involving intentional harm by the employer.
Death Benefits Available Under Workers’ Compensation in Doral
If a family member died due to a work-related injury or illness and they were eligible for workers’ compensation, certain surviving family members may be entitled to death benefits. The primary beneficiaries are the deceased worker’s spouse and dependent children. In some cases, other dependents like parents or siblings may also qualify if they were financially dependent on the deceased worker.
These benefits cover burial and funeral expenses, and monetary benefits (a percentage of the deceased worker’s average weekly wage, subject to state-imposed maximum limits). The surviving spouse can receive benefits for life or until remarriage. Dependent children can receive benefits until they reach a certain age, usually 18, but this can be extended if the child is a full-time student or is physically or mentally incapable of self-support.
Get a Proven Doral Workers’ Compensation Lawyer on Your Side
When an injury at work turns your world upside down, finding a law firm experienced in representing injured workers is vital to getting the workers’ compensation you deserve. 1-800-Injured is an attorney and medical directory that connects you with dedicated workers’ comp and personal injury lawyers. Call 1-800-Injured or reach us online today.
DISCLAIMER: 1-800-Injured is an attorney and medical referral service.