FLORIDA WORKERS’ COMPENSATION FAQS
A work injury can have devastating consequences. You could be out of work for weeks or months recovering from your injury. Florida’s workers’ compensation protects injured workers by ensuring they receive medical care and other benefits if they are hurt on the job.
Reviewed by: James D. Payer
Our Orlando workers’ compensation lawyers at Payer Law Personal Injury Lawyers Injury Attorneys fight to get you all the benefits and compensation you deserve for a work injury. We have more than 50 years of collective legal experience representing injured victims and their families. Our law firm has recovered millions of dollars in compensation for our clients.
Contact our law firm at (407) 648-1510 today to request your free consultation with an Orlando, FL workers’ compensation attorney.
Table of Contents
- How Our Orlando Personal Injury Lawyers Can Help if You’ve Been Injured at Work
- What Types of Workers’ Compensation Is Available for Orlando Injured Workers?
- Can an Injured Worker Sue to Recover Additional Damages for an Orlando Workers’ Comp Case?
- Can I Recover Workers’ Compensation Benefits if I Am Partially at Fault for Causing My Work Injury?
- How Long Do I Have to File a Workers’ Compensation Claim in Orlando, FL?
- Schedule a Free Consultation With Our Orlando Workers’ Compensation Lawyers
How Our Orlando Personal Injury Lawyers Can Help if You’ve Been Injured at Work
In 2021, three workers out of every 100 employees reported a non-fatal work injury or illness. The total recordable cases that year was over 2.6 million. Fatal work-related injuries totaled 5,190.
It can be difficult to fight the workers’ comp insurance company when you are struggling to recover from a work injury. You deserve workers’ comp benefits, but your employer and its insurance provider may make the process much more complicated than it should be. They might deny or undervalue your claim.
At Payer Law Personal Injury Lawyers Injury Attorneys, we stand up for injured workers. Numerous organizations, including The National Trial Lawyers, have recognized our Florida workers’ compensation lawyers for their legal expertise. We are members of the Florida Workers’ Advocates organization.
When you hire our top-rated workers’ compensation lawyers in Orlando, Florida, you can expect us to:
- Investigate the cause of your workplace injury
- Determine your legal options, including a workers’ compensation claim and a personal injury claim
- Handle all paperwork and administrative matters related to your case
- Advocate for you with the insurance company and the Florida Division of Workers’ Compensation
- File appeals and fight to get the benefits and compensation you deserve
If you were injured on the job, contact us for a free case evaluation from an experienced workers’ compensation lawyer in Orlando, Florida. We are available 24/7 to discuss your case. Since we accept cases on a contingency basis, you do not pay any attorneys’ fees until we recover money for your claim.
What Types of Workers’ Compensation Is Available for Orlando Injured Workers?
Florida workers’ compensation pays for necessary medical care for the injured worker. Medically necessary care includes hospitalization, surgery, doctor’s visits, physical therapy, medications, and other treatment related to the work-related injury. Workers are required to use an approved medical provider, except in the cases of seeking emergency care.
Injured workers can also receive wage replacement benefits. Temporary total disability (TTD) payments are approximately 66 2/3 of the worker’s average weekly wages. TTD benefits are not paid for the first seven days of missed work unless you are out of work for at least 21 days.
Workers might be able to perform light duty. If so, they can receive temporary partial disability (TPD) benefits if they cannot earn at least 80% of their average weekly wages.
The surviving family members can receive death benefits if a worker dies because of work-related injuries. They can recover up to $7,5000 in funeral expenses, education benefits for a surviving spouse, and compensation for dependents.
Can an Injured Worker Sue to Recover Additional Damages for an Orlando Workers’ Comp Case?
Generally, you cannot sue your employer for a work accident unless the employer intentionally injures the worker or does not have workers’ compensation insurance coverage.
However, an injured worker might have a third party claim against another person who caused their injury. If so, the worker could file a personal injury claim seeking compensation for all economic damages and non-economic damages, including:
- All loss of income, including future decreases in earning capacity
- Physical pain and suffering
- Diminished quality of life
- Emotional distress
- Scarring and disfigurement
- Out-of-pocket expenses
- Future medical bills
- Mental anguish
- Loss of consortium
Our Orlando workers’ compensation lawyer will review your case for free and advise you of all your legal options for collecting compensation and benefits after a work-related injury.
Can I Recover Workers’ Compensation Benefits if I Am Partially at Fault for Causing My Work Injury?
Workers’ compensation is a no-fault system. You can receive benefits for a workers’ compensation claim even if you are partially to blame for causing your injury. Very few exceptions exist, such as intentionally causing an injury or being intoxicated when you were injured.
However, Florida’s comparative fault laws apply if you file a third party claim for a workplace accident. Your compensation for damages is reduced by your percentage of fault. If the injury occurred on or after March 24, 2023, there is a 51% bar for recovery.
How Long Do I Have to File a Workers’ Compensation Claim in Orlando, FL?
You must report your injury or illness to your employer within 30 days. However, it is best to report the injury immediately. Failing to report a work injury could result in a denial of your workers’ comp claim.
Schedule a Free Consultation With Our Orlando Workers’ Compensation Lawyers
If you were injured at work, our Orlando workers’ comp attorneys at Payer Law Personal Injury Lawyers Injury Attorneys can help. Call (407) 648-1510 now for a free case review to learn more about Florida workers’ compensation claims.
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Professional, efficient, helpful, and dedicated to their clients. Lysette West extremely attentive and responsive, answered every question or concern professionally and swiftly. She set my mind at ease during some of the most difficult times I have encountered. Even when I missed an appointment because of a natural disaster. She jumped right into the situation cleared it up and got the ball rolling again in short order. I only wish I was able to call on Payer Law for all my legal issues.
James has a heart for justice and is passionate about helping the ones in need of fair representation. Thank you for your professionalism and confidence in what’s right. Thank you for caring and being there for my mom and our family. God bless.
The staff are courteous and knowledgeable. Chris Payer treats me like family and I know he is fighting for me and my case. I highly recommend Payer Law.
