What Are the Workers' Compensation Laws in Daytona Beach?

While construction workers and transportation employees in Daytona Beach can be particularly at risk of work-related injuries, accidents can potentially occur at all types of workplaces. If you got injured at work, you might wonder, “What are the workers’ compensation laws in Daytona Beach?”

Put simply, workers’ compensation should provide you with medical and financial benefits when you get hurt at work. Unfortunately, in some cases, employers and insurance companies sabotage valid claims, leaving employees without the help they desperately need to recover from their injuries and get their lives back on track.

If you have trouble getting what you deserve with a workers’ compensation claim or have already had a claim denied, Morgan & Morgan could be here for you. We know how stressful it is to see the bills stacking up without having any money coming in. Contact us today for a free case review to determine how we can help.

Daytona Beach Workers’ Compensation Laws

According to the Florida Office of Insurance Regulation, most employers in the state must, by law, purchase workers’ compensation insurance. Daytona Beach employees have the right to receive workers’ compensation benefits when they suffer a work-related injury or condition, regardless of fault. In return, employees generally cannot sue a covered employer when they suffer an occupational injury or disease.  

Workers’ compensation laws generally apply to all Daytona Beach businesses with four or more employees, regardless of whether employees work part or full-time. Companies with fewer than four employees are usually exempt from purchasing workers’ comp coverage in Florida.

Benefits Available for Daytona Beach Workers

Experiencing a significant injury at work in Daytona Beach can change your entire life. Thankfully, Florida’s workers’ compensation laws provide help for injured workers. Benefits you could qualify for include:

Medical Benefits

Florida workers’ comp covers your medical bills when you experience an injury at work or a work-related condition such as a repetitive strain injury. Medical benefits can pay for the following and other healthcare needs:

• Medications
• Medical devices such as a wheelchair or crutches
• Diagnostic tests
• Specialist appointments
• Surgeries
• Hospital stays
• Rehabilitation therapies
• Ongoing care

Wage Replacement Benefits

You could be entitled to income benefits for a temporary or permanent disability until you can return to your job. However, if you suffer from a total and permanent disability due to a work accident, you could qualify for benefits for the rest of your life. Daytona Beach workers’ comp benefits can include payments for:

• Temporary Partial Disability (TPD)
• Temporary Total Disability (TTD)
• Permanent Total Disability (PTD)
• Impairment Benefits (IB)

The maximum weekly compensation for impairment, according to the Florida Division of Workers’ Compensation, was 1,099 in 2022.

Vocational Benefits

Employees returning to work after recovery may be unable to work in their former positions. Claimants could qualify for vocational benefits enabling them to find alternative employment, such as:

• Placement services
• Additional training or education
• Vocational counseling
• Help with finding another job

Death Benefits

If a Daytona Beach employee passes away due to an occupational injury or condition, the family could be entitled to death benefits up to a maximum of $150,000, including:

• Burial and funeral cost up to $7,500
• Maintenance payments for dependents
• Education benefits for the surviving spouse

Filing for workers’ compensation in Daytona Beach can be riddled with red tape. In many cases, claimants benefit from having a trusted and determined workers’ compensation lawyer in their corner.

Filing a Workers’ Compensation Claim in Daytona Beach

If you are injured at work in Daytona Beach, you should act as soon as possible and report the injury to your employer. You only have thirty days from the day of the accident to report your injury, according to Florida law. Your employer will most likely ask you to make an appointment with an occupational doctor of their choice.

Your employer has to report your injury to their insurance company within seven days. The insurer will then start an investigation to determine whether you qualify for workers’ compensation benefits, which can include:  

• Ordering an independent medical examination
• Sending you to a functional capacity evaluation
• Reviewing your medical records

Under Florida workers’ compensation laws, the insurer must approve or deny your workers’ comp benefits within a reasonable timeframe. Once the insurance company approves your claim, you will receive wage replacement benefits and others, depending on your claim. However, insurance companies sometimes deny workers the benefits they deserve. If this has happened to you or a loved one, a workers’ compensation attorney at Morgan & Morgan could help.

What to Do If Your Workers’ Comp Claim Is Denied

Receiving a denial notice can be upsetting and frustrating. Knowing what the workers’ compensation laws are in Daytona Beach when your claim is denied can be confusing. However, do not despair, as you could still receive the benefits you deserve. After a denial, you could file a petition for benefits with the Division of Workers’ Compensation. You may have to provide the following information:

• Details of how the accident and injury occurred
• Medical proof and a description of your injuries
• Details of your financial losses as a result of the injury
• Details of the benefits you seek

Claimants generally have two years to file an initial appeal in Florida. However, it is crucial to note that there is a one-year deadline for appeals for medical treatment, starting on the date of your last benefit payment or last treatment.

The appeals process for workers’ compensation benefits can be challenging and involve many steps. If your claim was denied, consider hiring a workers' compensation attorney to handle your appeal. Morgan & Morgan’s lawyers can help you navigate the appeals process, protect your rights, and fight for the benefits you need.

Morgan & Morgan Can Help

Our experienced workers’ compensation lawyers are here to help injured workers get the benefits to which they are entitled. We can:

• Offer legal advice regarding your situation
• Prove that your injury or illness is occupational
• Show that you are unable to work
• Ensure your impairment is rated fairly  
• Helping you pursue benefits
• Liaise with medical professionals to obtain medical records
• Appeal against a claim denial and represent you in hearings
• Communicating with the insurance company
• Work for you on a “no-win-no-fee” basis
• Providing you with the personal attention you deserve

You do not have to go it alone. Our workers’ compensation lawyers know the issues you are facing and can fight tirelessly for your best interests. They could maximize your benefits and determine other sources of financial help, such as Social Security disability.