Injured Workers Rights

A workplace injury brings not only physical pain but also the headache of legal processes. Understanding your rights under Florida law and the benefits you’re entitled to can significantly alleviate this burden. If you have been injured while on the clock you deserve to have some form of compensation.

But these types of laws can be a little tricky to figure out on your own. This article aims to clarify these rights, helping you navigate the often-complex landscape of work-related compensation.

Injured Workers Rights

Your Compensation Entitlements in Fort Lauderdale

All injured workers in Fort Lauderdale have the right to seek medical treatment provided by the employer’s chosen doctor and receive wage replacement benefits if found totally or partially impaired due to the injury sustained in a work-related accident. Employers are legally required to provide their workers with compensation insurance, which ensures injured employees receive financial support. This support includes coverage for medical costs, wage replacement, and occasionally, vocational rehabilitation and travel expenses. If a job cannot provide that for you then you need to seek legal assistance. Your lawyer will make sure that your employer is not trying to withhold your rightful wages.

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Medical Benefits

Florida’s law ensures injured workers receive necessary and reasonable medical care. Coverage includes treatments such as doctor’s visits, hospital care, prescription medications, physical therapy, prosthetics, and more, along with reimbursement for medical-related travel. Typically, your employer or their insurance carrier selects the treating doctor and approves subsequent treatments. This could potentially affect the quality and duration of your care, as cost considerations may be prioritized.

Wage Replacement 

In addition to medical care, injured workers are also entitled to wage replacement benefits if they are unable to work due to their injuries. They include temporary partial disability, if you can perform limited or light-duty work but at a reduced wage, you can receive these benefits for up to 104 weeks. Temporary disability, if you’re completely unable to work, you can receive approximately two-thirds of your average weekly wage for up to 104 weeks. Permanent total disability, if you’re unable to return to work indefinitely, you can receive these benefits until aged 75. Impairment income is when you’ve reached a state of “maximum medical improvement” but remain disabled, you can receive weekly payments for a specified number of weeks, based on your disability rating.

Filing Compensation Claims in Fort Lauderdale

In the event of an accident, Florida state law requires the victim to report the injury to their employer within 30 days of occurrence, following which their employer’s insurance carrier evaluates it. Under the law, employers are prohibited from retaliating against employees who file a workers’ compensation claim. This means that your employer cannot fire, demote, or otherwise discriminate against you for seeking the benefits you’re entitled to. Even so, the priorities of employers and insurance companies may not always align with those of the injured worker. This may lead to potential disputes about the nature and extent of the injury, as well as the required treatment. In these cases, seeking legal representation will help you navigate this process and avoid potentially costly mistakes. An experienced Florida workers’ comp lawyer fully understands your entitled benefits and will represent your interests and help you legally resolve any disputes.

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Conclusion

Understanding your rights is crucial to ensuring you receive the benefits you’re entitled to after a workplace injury. These compensation laws provide a framework of support, ensuring that injured workers receive the medical care and wage replacement they need. They are set up to protect you in case you’re involved in a work-related accident and cannot work. Your employer needs to make sure you are set up in case anything happens. If you’re a victim, and encounter issues with your claim, consider seeking legal representation to safeguard your rights and receive the compensation you deserve.

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