Q: What is Worker’s Compensation?
A: Worker’s compensation in Florida is a “no-fault” system wherein most employers are statutorily required to carry insurance to cover workers injured on the job.
The idea is to reduce litigation and to streamline the handling of benefits. In theory, workers are compensated more quickly and efficiently, and employers are granted immunity from further lawsuits provided they offer proper compensation to their employees. An employee can only file a lawsuit if it can be upheld in court that the employer deliberately harmed the employee. Indeed, the law presumes that worker’s compensation is to be the “sole remedy” for on the job accidents.
Q: What employers are covered?
A: Public employers are required to carry such insurance as are private employers who employ 4 or more persons. The construction industry, where a large percentage of injuries take place, is different in that private employers with “one or more” employees must have Worker’s Compensation insurance. As is often the case, if a contractor subcontracts any part of the work, the subcontractors and its employees are deemed by law to be employed in one and the same business, and the contractor shall be liable for such employees.
Q: What if you are injured at work?
A: If you are injured in the course and scope of your employment, you must first report your injury to your employer and request medical care. It is then the employer's responsibility to provide necessary medical treatment, to report your injury to the insurance company, and the State of Florida. If you fail to report an injury promptly, or you do not accept medical attention offered, you may lose your right to benefits. If you fail to receive benefits, or have been denied benefits, and you believe you have a legitimate claim, you should contact the carrier or call an attorney to discuss your option.
Q: What are the benefits provided under Worker’s Compensation?
A: Let me make this easy: You’d rather be working! If the injury takes you out of work totally (but for a limited time) the benefits are 66 ⅔% the employee’s average weekly wages.
Attorney Aaron J. O’Brien