Workers’ Compensation

Will I Have to Go to Court?

There are many cases in which you will not be required to make a court appearance because our attorneys will attend on your behalf and serve as your trusted advocates. At Rosenberg & Rosenberg, P.A., our mission is to make this process as quick and painless as possible. As such, while you focus on your physical recovery, we will focus on obtaining a full and fair compensation amount. We are here for you when you need us most.

Get answers to other common questions about workers’ compensation, such as:

• Does my injury/illness qualify for workers’ comp?
• How long do I have to notify my employer about my injury?
• How long does my employer have to report my injury?
• How much of my medical bills will be covered?
• Do I get to choose my own doctor?
• Will I be able to recover my lost wages?
• What if I’m having problems receiving benefits?
• Do I have to hire a workers’ compensation lawyer?

We are prepared to guide injured workers step-by-step through the claim or appeal process as quickly as possible. Our legal team has helped numerous workers successfully complete the workers’ compensation process.

Who is Eligible for Workers’ Compensation?

Florida requires most employers in the state to carry workers’ compensation insurance. Workers’ compensation is a type of no-fault insurance coverage that provides benefits to workers who have been injured on the job. Unless your work accident was due to willful negligence on your part, you should be entitled to workers’ compensation benefits.

You are eligible to file for workers’ compensation benefits if you meet the following requirements:

• You are considered an employee of the company
• Your employer carries workers’ compensation insurance
• Your injury or illness was work-related
• You have met Florida state’s guidelines for reporting your injury
• You have met Florida state’s guidelines for filing your workers’ compensation claim

Although most employers in the state of Florida are required to carry workers’ compensation insurance, there are some exceptions. Insurance coverage can depend on the type of industry and number of employees an employer has. For example, a business in Florida with less than four employees is not required to have workers’ compensation insurance.

If you are not sure if your employer holds workers’ compensation insurance, and you’ve been injured on the job, speak to an experienced workers’ compensation attorney in Fort Lauderdale as soon as possible to learn more about your rights.

What Types of Workers’ Comp Benefits Are Available?

Workers’ comp benefits are available to employees who suffer injuries or illnesses during the course of performing job-related duties. Benefits are calculated according to the nature of a worker’s injury or illness, particularly if the injury results in partial, temporary, or permanent damages. At a minimum, these benefits should cover any and all medical treatment that you will require to achieve the maximum medical improvement (MMI).

Your workers’ compensation benefits may include:

• Wage replacement
• Physical therapy
• Reemployment services
• Doctor’s visits and hospitalization
• Medical tests
• Prescription medications
• Prostheses
• Mileage reimbursement

In addition to compensation for the costs of your medical treatment, workers’ compensation can also provide disability benefits to offset the income you are losing as a result of your injuries. Generally, such benefits are calculated at a rate of two-thirds of your average weekly wage and are paid on a bi-weekly basis.

There are several different types of disability benefits, including:

• Temporary Total Benefits – For situations where you are entirely disabled while you work to recover from your injury, but are expected to be able to return to work at some time in the future.
• Temporary Partial Benefits – Paid in cases where your doctor has released you to return to work, but you have not yet reached your maximum medical improvement and are only able to earn 80 percent or less of your normal wages.
• Permanent Impairment Benefits – For situations where you have reached the maximum medical improvement yet still suffer from a physical, psychological, or functional impairment which is not expected to improve any further. Your benefits are paid based on the percentage of disability awarded by your doctor, which is referred to as an impairment rating.
• Permanent Total Benefits – If you have been rendered totally disabled, are not expected to improve any further, and will not be able to work or support yourself and your family, you can receive benefits on a permanent basis.
• Death Benefits – Provided that the death was the result of a workplace injury and it occurred within one year of the accident or five years of continuous disability, the surviving family members can recover funeral expenses up to $7,500 and dependency benefits up to $150,000.

Our Fort Lauderdale workers’ compensation lawyers understand how important it is for you to ensure that you receive the full value of benefits to which you are entitled, and we are prepared to protect your rights.

Common Reasons Why Workers’ Comp Claims Are Denied or Delayed

Not every workers’ compensation claim is the same, so the benefits payout timeline does vary from case to case. It’s also important to understand that insurance companies are notorious for going through each claim with a fine-toothed comb to find errors to either deny the claim outright or hold it up.

Here are some common reasons why workers’ comp claims get delayed or denied:

• Inaccurate physician diagnosis
• The injury or illness was believed to be pre-existing
• The injury was deemed as non-disabling by a medical professional
• The injury was not timely reported to the employer
• The workers’ compensation claim was not submitted by the standard deadline
• Lack of witnesses to the accident/injury
• Missing paperwork and medical records required by the insurance company
• Inconsistent information between the accident/injury report and medical records