Guide to Florida Workers Compensation Laws
If you are hurt in an on the job accident in Florida, workers compensation insurance in Florida may be able to compensate you. Florida workers compensation laws are somewhat complicated, and you may need to talk to an attorney to learn more about how the law will apply to your particular situation. However, this guide can give you an overview of the basics of workers compensation insurance in Florida.
Does My Injury Qualify?
Florida workers compensation laws apply to all on-the-job injuries for employers with four or more employees. If your company has three employees or fewer, you may not qualify for workers compensation insurance in Florida. Corporate executives may also be exempt from Florida workers compensation laws. The other group of Florida workers who may not have a claim with workers compensation insurance in Florida are maritime workers. These workers may have a claim under the federal Jones Act rather than Florida workers compensation laws.
When a worker is hurt on the job, they are not permitted to have a standard personal injury lawsuit to compensate for their injury. Workers compensation insurance in Florida is the only way for employees to get compensation for an injury sustained during the course of work duties.
When Do I Need to Report an Injury?
In order to have a workers compensation claim, according to Florida workers compensation laws, you will need to notify your employer within thirty days that you have been injured on the job and require medical attention. Because some employers deny employee claims for workers compensation insurance in Florida, it is best to document your request for medical assistance and any information about your injury as quickly as possible. If you fail to notify your employer in this time frame, you may not be able to qualify for compensation under Florida workers compensation laws.
What Do I Need to Prove?
To receive benefits from workers compensation insurance in Florida, you will need to show that you were injured on the job and the results of your injury. Unlike traditional personal injury lawsuits, workers compensation lawsuits do not require you or your attorney to prove that the other party (your employer) was negligent. Instead, if the accident happened in the course of your employment, you are automatically entitled to compensation from workers compensation insurance in Florida. If you injured yourself through recklessness, you may not be entitled to compensation according to Florida workers compensation laws.
Attorney Fee Caps
Attorneys who are representing clients seeking workers compensation are limited in the fees they can collect. Workers compensation attorneys in Florida are limited to collecting 20 percent of the first $5000 in benefits, 15 percent of the next $5000, and only 5-10 percent of anything above $10,000. Attorney fee limits do not apply to the attorneys hired by an employer or insurance company. You will usually be able to have an initial consultation with a workers compensation attorney in Florida for free to talk about your case