Worker's Compensation

If you are injured while working, you may be entitled to Worker's Compensation Benefits. This is a State Law requiring all employers having four (4) or more employees to have Worker's Compensation Insurance (with some exceptions like construction and agricultural industries.) In this attorney's opinion, the worker's compensation system is a mess. The current legislation unfairly benefits greedy insurance companies at the expense of employers and employees. Most likely, Florida has the highest premiums and the worst employee benefits to injured workers, while there are no limits on the insurance company's attorneys. Bottom line is the injured workers are at a substantial disadvantage when the insurance companies wrongfully deny claims. I use the word, "when", because insurance companies always deny legitimate claims because we are powerless to stop them.

Having said that, these are the benefits which are supposed to be provided: wage loss benefits while you are out of work at 66 and 2/3% of your average weekly wage. This is determined by taking your last thirteen (13) weeks and averaging them. The benefits typically stop at 104 weeks or if your treating physician puts you at maximum medical improvement, whichever of the two comes first. Unless the insurance company determines that you are permanently and totally disabled, your wage loss benefits will stop. The amount of weekly benefits is capped at $782.00.

You are also supposed to be provided with reasonable and necessary medical care. Here is another way to look at it: If you had to sue someone who injured you, could you imagine a system where you had to get the permission of the person you are suing to see a doctor and they had the right to pick the doctor and decide when you can see them? Welcome to the Worker's Compensation system! The insurance company is supposed to provide you with a doctor and pay for it, as well as any medications, travel expenses and attendant care that are related to the on-the-job injury.