In West Palm Beach, the laws governing workers’ compensation allow employees to obtain financial recovery for expenses associated with workplace injuries. Irrespective of fault, as long as the injury occurred during work-related activities, employees can receive workers’ compensation benefits.
This system operates on a no-fault basis, meaning employees can receive compensation for their medical expenses, partial loss of wages, and disability without having to establish that the employer or any other party was at fault.If you or someone you know has sustained a job-related injury, it is crucial to seek guidance from an experienced workers’ compensation attorney and personal injury attorney in West Palm Beach, FL.
Actions to Take Following a Workers’ Compensation Injury in West Palm Beach
Under Florida laws, certain actions must be taken within specific deadlines to qualify for workers’ compensation payments. Follow these five key steps:
Report your workplace injury to the employer
It is essential to notify your supervisor or manager soon after the accident. According to the law, you must inform them within 30 days of the injury or from the first indications of workplace illness. Failure to report the injury within this timeframe may render you ineligible for benefits.
Complete an on-the-job injury report
Employers in West Palm Beach are required to provide job injury reports to workers, as mandated by OSHA. Even if your employer claims it is unnecessary, insist on completing the report and ensure you obtain a copy as proof.
Get proper medical care
You must seek timely medical attention for your injury or illness, regardless of how insignificant it may initially appear. A prompt visit to the doctor ensures that you receive appropriate care, and medical records can serve as evidence in a dispute with the insurance company regarding the work-related nature of your injuries.
File a workers’ comp claim
Following your workplace accident and injury in West Palm Beach, you must file your claim for compensation with the DWC office. In Florida, you have two years to file a workers’ compensation claim, so be mindful of the statutory time limits.
Hire an experienced attorney
Hiring a seasoned West Palm Beach workers’ compensation lawyer can help you navigate the intricacies of Florida workers’ comp laws and ensure that you obtain the rightful benefits without any hurdles.
Types of Workers’ Compensation Benefits in West Palm Beach
Medical Benefits
Workers’ compensation covers all medical expenses and treatments associated with work-related accidents in West Palm Beach. Any claims for medical expenses arising from work injuries are addressed. These benefits encompass physician consultations, ER visits, hospitalizations, medications, occupational or physical therapy, and rehab treatments. Workers’ compensation medical benefits also cover assistive devices such as wheelchairs and crutches.
Medical bills often constitute the only financial compensation required for workplace accidents or illnesses. While numerous work-related injuries may not be debilitating enough to prevent an employee from working, they still require medical care. However, the coverage provided by employer workers’ compensation plans may vary. Depending on your employer’s insurance plan, coverage for specific medical providers or medical treatments may not be available.
Physical Rehabilitation
Rehabilitation benefits help cover the costs associated with therapeutic care, including physical therapy. Physical rehab and physical therapy often aid with recovery following work-related accidents, injuries, or illnesses.
Vocational Rehabilitation
If an employee in West Palm Beach cannot resume their previous job due to a workplace injury or illness, they could be eligible to receive vocational rehabilitation benefits as part of Florida’s workers’ compensation insurance program.
The Division of Vocational Rehabilitation in Florida supports workers in acquiring new skills that enable them to transition into different types of employment. Educational or professional training, tuition fees, and certification costs may all be covered under West Palm Beach vocational rehabilitation benefits.
Workers’ comp insurance programs in West Palm Beach usually offer vocational rehabilitation benefits for up to two years. This can assist the injured worker in acquiring alternative skills and securing employment. During the vocational rehabilitation period, a disabled worker may still receive compensation for wage loss.
Wage Compensation
In cases where the work-related injury results in a disability preventing the employee from working permanently or temporarily, wage compensation may be available. The wage compensation amount received through workers’ compensation depends on their type and extent of disability.
Temporary Total Disability
This form of disability comes into effect when injured workers cannot return to the workplace due to their injuries. During the period of temporary total disability, the employee is entitled to compensation for 66% of their wages prior to the accident.
Temporary Partial Disability
If an employee can go back to work but is restricted in terms of hours, movement, or work, temporary partial disability may apply. This disability compensation is granted when the employee’s earning capacity is less than 80% of their regular wages, resulting in extra compensation.
Impairment
Severe injuries not expected to heal or improve further may qualify for impairment-based wage compensation. A medical professional must assert the employee has reached the state of “maximum medical improvement,” or MMI. In these cases, an impairment rating determines the level of disability, and the employee may receive a permanent work restriction. Wage compensation is determined by the specific condition and impairment rating.
Permanent Total Disability
Suppose the injuries sustained from the workplace accident are severe enough to permanently prevent the employee from returning to work, and they have reached MMI. In that case, they may be eligible for workers’ comp benefits related to permanent total disability in West Palm Beach.
Death Benefits
When a workplace injury or illness leads to an employee’s death within 12 months of the accident or five years after the development of disability, certain family members may be eligible for death benefits and compensation. These benefits include coverage for burial or funeral expenses, education and training benefits, and compensation allowances for the deceased worker’s dependents. If the decedent has no dependents, the benefits are limited to burial or funeral expenses.
In some situations, the deceased employee’s beneficiaries may be entitled to a part of their regular wages. It is vital to understand the potential compensation involved if a loved one has suffered a fatal injury on the job in West Palm Beach.
Challenges to Receiving Workers’ Compensation in West Palm Beach
These are common challenges when attempting to secure workers’ compensation in West Palm Beach:
- Denied claims: The Florida DWC may determine that a claim does not meet the requirements for receiving benefits. This may happen due to insufficient information, lack of proof, or other reasons.
- Disputes over the cause of the injury or illness: Employers or insurance companies may contest the claim and argue that the worker’s illness or injury was not work-related. To deny the claim, they may say the accident occurred at a different location (not on the job) or that the illness is unrelated to the workplace. Various other circumstances can lead to disagreements.
- Disputes over the benefits owed: Disagreements can arise regarding a severe disability resulting from a workplace injury, the need for extended rehabilitation or therapy after a fracture, or compensation for lost wages following a workplace accident and injury.
The assistance of established West Palm Beach workers’ compensation attorneys is usually essential in overcoming these issues, ensuring that you get rightful compensation, and your worker rights are upheld.
Non-Compensable Injuries under West Palm Beach Workers’ Compensation Laws
Not all injuries and illnesses are covered by workers’ compensation in West Palm Beach. These exclusions typically involve situations where the worker acted beyond the scope of their employment or third-party negligence was involved. In such cases, pursuing a personal injury claim against the responsible party may be possible.
Examples of these types of injuries in West Palm Beach include:
- Self-inflicted injuries: Injuries intentionally caused by the employee to themselves are not covered.
- Employee intoxication: If an employee causes an accident while under the influence of alcohol or drugs, the resulting injuries may not be covered.
- Injuries from criminal activities: If the employee’s injuries occur while involved in a criminal act, workers’ compensation benefits may be denied.
- Violation of safety rules or company policies: If the injured worker disregarded or violated the employer’s policies leading to the accident, they may not be eligible for workers’ comp benefits.
- Intentional harm inflicted by one party on another: Injuries resulting from intentional harm caused by one party to another may not be covered.
- Injuries occurring outside of work hours: If the employee was not working on company time, their injuries may not be covered under workers’ compensation claims.
Connect with a West Palm Beach Workers’ Compensation Attorney
The process of obtaining workers’ compensation in West Palm Beach can be challenging. It can be difficult to get a claim approved, especially when the employer or insurance company disputes it. 1-800-Injured is a lawyer and medical directory that can connect you with a knowledgeable West Palm Beach workers’ comp lawyer. Call now to schedule a free consultation.