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Worker's Compensation

If you have been injured while working in the Orlando area, you are entitled to benefits under Florida’s Workers’ Compensation Law. This law provides treatment for your injuries and compensation for your lost earnings, no matter who was at fault in your accident. Take a look at our Florida Workers’ Compensation Law summary below, then contact an Orlando personal injury lawyer to help assist you in your claim.

Medical benefits

The Florida Workers’ Compensation Law requires your employer to pay for medically necessary treatment for any injuries caused by your employment. In order to receive treatment you must show that your employment is the major contributing cause, or more than 50% of the cause of your injuries. Once your accident and resulting injuries are deemed compensable, you are entitled to medical treatment for as long as the accident is the major cause of your injuries.

Lost wages

If your workers’ compensation doctor takes you out of work because of your injury, your employer must pay you lost wage benefits equal to 2/3 of your usual earnings. If your doctor gives you work restrictions, your employer must give you light duty work that you can do or pay you a portion of your lost earnings. These lost wage benefits are limited to a total of 104 weeks of benefits. If you are unable to return to your usual work following your treatment, you may be eligible for additional benefits if you qualify for a Florida vocational retraining program or if you are judged to be permanently and totally disabled.

Exclusive remedy/Employer immunity

If you are injured in an Orlando work accident, the law only allows you to seek benefits against your employer under workers’ compensation. This means that you cannot sue them in a general tort or personal injury case, unless you are able to show that they intentionally caused your injury. This means your benefits from your employer are generally limited to medical treatment and lost wages, since pain and suffering are not recoverable under the Florida workers’ compensation law. This does not, however, prohibit you from recovering damages from a 3rd party who caused your accident if they are not affiliated with your employer.

3rd party suit

If your Orlando work accident or injury is caused by a 3rd party, who does not work for the same company, you may pursue workers’ compensation benefits from your employer and bring a separate personal injury lawsuit against the party that caused your injury. An example is when you are involved in a car accident while you are working. In this case you would have a workers compensation claim against your employer and a personal injury case against the other driver.

Reporting deadline

If you are injured on the job in Orlando you must notify your employer within 30 days of the date of accident, or 30 days from the date you learn from a physician that your condition was caused by your employment.

Statute of Limitations

You must bring a claim for benefits under Florida Workers Compensation within two years of the date you are injured. If you receive treatment paid for by your employer or their insurance company, this delays the expiration of your claim for an additional year.

Settlement

Although a Florida workers’ compensation judge cannot make your employer or their insurance company pay you a lump sum for the value of your claim, an Orlando personal injury lawyer can negotiate a settlement for the value of your case. In many cases your employer and their insurance will choose to settle your case all at once, rather than continue to pay medical and lost wage benefits for years. It is important to speak with a qualified Orlando personal injury lawyer to get a proper evaluation of what your case is worth.

If you or a loved one have been a victim of a workplace accident, you owe it to yourself to discuss your case with an Orlando personal injury lawyer. Depending on the circumstances, you may be eligible to receive financial compensation for your lost wages. The outcome of legal action could have long term benefits for your family that can preserve your well-being. Do not hesitate to contact an experienced Orlando personal injury lawyer today.