Miami Personal Injury Attorney Blog
If you suffered an injury or illness while at work, you can’t sue your employer instead you are entitled to workers’ compensation in which your employer has to provide benefits for you. The benefits are medical benefits and wage benefits. According to the Florida statute section 440.185(1) “An employee who suffers an injury arising out of and in the course of employment shall advise his or her employer of the injury within 30 days after the date of or initial manifestation of the injury”
You are entitled to medical benefits. This means that you are allowed to seek medical treatment at the expense of your employer. It is necessary to do this immediately because you might have something more important than what you think. Your employer will pay for everything you need, recommended by your authorized medical provider. However, you must keep in mind that you don’t decide what you need or where you want to be treated.
A restriction you should be aware of is that in Florida, the doctor who is treating you must be approved by your workers’ compensation insurance carrier. In addition, unlike many other states, Florida’s workers’ compensation regulations do not compel your employer to maintain your position open for you to return to when you are healthy enough.
You are entitled to wage benefits. This means that your employer will pay for any lost income if you cannot return to work. There are different types of compensation depending on your disability, for most cases:
- Temporary Total Disability (TTD): 66 2/3% of your regular wages.
- Temporary Partial Disability (TPD): 80% of your wages between what you were earning and what you would earn in the present time.
- Permanent Total Disability (PTD): 100% of your regular wages.
An attorney can assist you in filing a lawsuit against the workers’ compensation insurance company if your benefits are denied. Many factors might contribute to your claim, including an incorrect diagnosis by the workers’ compensation insurance doctor or an incorrect assessment of your normal pay.
It is also important that an injured victim knows that if your workplace accident was caused by the negligence of a third party. This other person or organization might be a designer or producer of a malfunctioning piece of equipment, or a delivery truck driver, depending on the circumstances. If you are hurt at work because of someone else’s negligence, you may be able to file a claim against that person or company. Third-party claims are what they’re called. Typically, these claims are not brought under the umbrella of workers’ compensation. Rather, they are brought in the form of civil lawsuits in state or federal courts.
If you or someone you care about has been injured at work, contact the Law Office of Ruth E. Johnson immediately.
Remember when injured you get to choose your legal counsel, so have an experienced, aggressive, knowledgeable l team that aims to get you the most compensation for your losses. Choose the Law Office of Ruth E. Johnson.
If you want to know more information about workers’ compensation, please visit our page for further information here.