Workers’ Compensation

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A fry cook in a fast-food restaurant gets burned while operating the fry cooker; a construction worker falls off a scaffolding; the ceiling falling on a secretary at her desk; a clerk slipping and tripping in the mailroom – these are familiar everyday scenarios, aren’t they?

It’s not difficult to imagine any of these things happening at work, is it? Of course. You probably spend 8-12 working hours at your place of work. The longer time you spend at work, the higher the chance that you may get into an accident at work. Work-related accidents are the most commonly reported injuries in the US.

If you are a worker, and an accident like one of the above happens to you – what do you do?

The answer is, file a claim for workers’ compensation. The first and most important step to file a claim for workers’ compensation benefits is reporting your accident. This means telling your boss or supervisor that you had an accident on the job that caused an injury or physical problem. Filing a claim for workers’ compensation is a legal right under Chapter 440 Title XXI of the Florida Statutes, referred to as Workers’ Compensation law.



Unfamiliar with Workers’ Compensation? Read on, we promise – it will definitely be worth your time.

What is Workers’ Compensation?

First of all, Florida law requires businesses and employers to pay for and carry workers’ compensation insurance. This insurance then pays for medical evaluations and treatments required because of workplace accidents and in the case of deaths arising from work-related accidents. ONLY WORK-RELATED ACCIDENTS AND THE INJURES OR DISABILITIES SUSTAINED FROM THESE WORK-RELATED ACCIDENTS ARE PAID FOR BY THE WORKERS’ COMPENSATION SYTEM.

Second, workers’ compensation insurance pays money benefits based upon a formula in the law that considers the income that the injured worker earned before the accident. These benefits are paid out as percentage of what the injured worker earned before the accident. These benefits are paid to injured workers during their period of recovery when they are completely out of work or when their earning fall below a certain level. WORKERS’ COMPENSATION WILL NOT PAY FOR EMOTIONAL SUFFERING, ONLY FOR LOSS OF INCOME.

Third, let’s understand that an accident is an unexpected and unusual event that happens suddenly and leads to injury, physical problems, and possibly death. Think of a worker tripping and falling over an electrical power cord and breaking his leg. It’s unexpected and sudden. It is very important to note that even accidents that occur because of routine work such as lifting and carrying objects are usually covered by the law if the work being performed lead to the injury. Consider the case of a warehouse worker who lifts and moves heavy merchandise that leads to low back pain. Under such circumstances the injury will usually be covered by workers’ compensation insurance. ACCIDENTS ARISING OUT OF EMPLOYMENT ARE COVERED BY WORKERS’ COMPENSATION. 

Fourth, exposure to a toxic substance may be covered by the workers’ compensation insurace. One historic example is Black Lung, a severe breathing problem that coal miners developed because of working in the mines – especially in those days when coal miners did not wear protective equipment. Disability resulting from Black Lung was compensable because there is clear and convincing evidence of exposure to coal while coal mining and the exposure to the toxic substance while at work was at a high level that caused the condition. OCCUPATIONAL DISEASES ARE COMPENSABLE UNDER WORKERS’ COMPENSATION.

So, what does filing a Workers’ Compensation claim do for you?

1. Workers’ Compensation is a no-fault insurance scheme which the law imposes on all employers. This means that the law obligates an employer to set up a fund to pay for such work-related injuries and deaths. It will not be the employer himself who will pay for it but the insurance company of the employer.

2. Workers’ Compensation claimants do not need to file a case in court. When you sustain an injury, you must report the injury to your employer. It will be your employer who will report it to his insurer and the insurer will ask their doctor to verify your injuries and if they are satisfied that this is work-related, then, you will be paid. You do not need to go to court to claim benefits. Only when the insurance company refuses to pay your claim do you need to file a case.

3. Workers do not need to prove negligence on the part of the employer. Before the modern Workers’ Compensation system became the law, an injured worker had to prove that the employer was at fault in order to get paid. However, under the Florida Statute, such proof of negligence is not required. Only a showing that injuries occurred on the job is rquired.

4. Workers cannot be fired from their job because they filed a claim for workers’ compensation. The Workers’ Compensation law expressly forbids an employer from firing a worker or even threatening to fire a worker simply because the employee filed a valid claim for compensation or attempted to file a valid claim for compensation.