If you’re working on the job and get injured, you’ll want to seek out worker’s compensation benefits.
In 2017, worker’s comp covered over 135 million employees. While the amount of people covered is large, worker’s comp doesn’t cover everything that you may think it does.
In this article, you’ll learn 10 myths about worker’s comp in Florida. This will really help you understand important facts you need to know about worker’s comp insurance.
- Worker’s Comp in Florida Does Not Cover Pain and Suffering
If you face an injury on the job, you may think you should file a claim for worker’s compensation for your pain and suffering due to the injury. However, that is not covered through workers’ comp.
Worker’s compensation insurance will provide a lost wage benefit and treatment through the worker compensation network of medical providers.
- You Do Not Need to File a Lawsuit
Many people believe that if there is an injury in the workplace you need to file a lawsuit claim against your employer. In fact, you are usually prohibited from suing your employer. Instead, your claim is handled through the work comp system.
- It Doesn’t Matter If It’s Your Fault
Some people may think that if you are injured and at fault, you will not be covered by worker’s comp insurance, so even if the accident is your fault, you may still claim workers compensation benefits. Fault is not taken into account under worker’s compensation.
The only time that you would not receive a payout or be covered by the insurance is if there was deliberate intention to cause harm to someone or to yourself.
- You Cannot Be Fired for Filing a Claim
If you are injured, you may be afraid to come forward and explain to your workplace what happened. This may be because of the fear you have for being fired or potentially losing your job due to the injury.
Let’s get this straight. Your employer cannot legally fire you for filing a worker’s compensation claim due to an injury in the workplace.
If you get hurt on the job, you should always file a claim to receive the benefits you deserve.
- There Is a Deadline to Report
You cannot wait around and hope in a few months you can report your injury! There is a deadline to worker’s compensation claims.
In Florida, you have 30 days from the day of your injury to report your injury to your employer. They will then send the report to the Florida Division of Workers’ Compensation. From there, you will have two years to officially file a claim to receive your benefits.
- You Won’t Receive Full Pay
After filing for benefits through your worker’s compensation insurance, you will start to receive wage loss benefits. However, those payments will not be your full salary but rather a percentage of it. This is usually about two-thirds of your original payment.
- Your Commute Does Not Count
If you get hurt on your commute to work, you generally cannot receive worker’s compensation. Yes, you should obviously report it to your employer because you may not be able to perform your job, but it will be unlikely you will be able to claim workers’ compensation benefits.
With that said, if your job involves driving like if you are a mailman or an Amazon delivery personnel, you will have coverage while driving for your employer.
- You Can Be Terminated While on Leave
Although your employer legally cannot fire you for the cause of your worker’s compensation claim, you can still be fired for something else while on worker’s comp. You have to be sure you are following all rules and laws while receiving your benefits to ensure this does not occur.
- Every Business Needs Worker’s Comp
Every business with four or more employees is generally required to have worker’s comp.
- Do Not Choose to Pay Out of Pocket
If you have the choice between paying for any accidents or injuries out of pocket or getting workers’ comp, the best way to go is filing for the benefits. If you pay out of pocket, you may not be able to get reimbursement.
Our practice is dedicated to helping accident victims. If you ever need help with a legal problem or just want information on this subject, you can always reach me at 777-JOHN.