Workers' Compensation Laws in Gainesville

If you have been hurt while on the job in Florida, you may need time to recover before you are able to return to work. You may be entitled to temporary total disability benefit payments when this is the case.

Victims do not receive these payments during the first seven days of missed work. To be eligible, a person must experience a workplace injury that prevents them from working for over 21 days.

The payments for temporary total disability benefits are two-thirds of the victim’s typical weekly pay. The state of Florida sets a maximum amount for these benefit payments, and it is adjusted each year to account for inflation.

In 2020, the maximum temporary total disability benefit payment amount was $971 each week. Florida’s Division of Workers’ Compensation determines the upper limit on benefits.

There are some exceptions to this weekly maximum. Severe medical conditions may entitle the victim to 80% of their usual pay for up to six months after their accident. Paralysis and blindness are conditions that may qualify victims for this payment amount. 

Workplace injury victims will continue to receive temporary total disability benefits until at least one of the following happens:

• The victim’s physician says they can work
• The victim’s condition is not expected to further improve
• The time limit for disability benefits has expired

According to the state laws in Florida, workplace injury victims cannot receive temporary total disability benefits for over two years after their accident. In some cases, injury victims will be able to return to limited work before they have recovered as much as possible.

In these cases, victims may be eligible to receive temporary partial disability benefit payments. Those who receive these benefits may work while observing certain restrictions specified by their doctors. 

Examples of work restrictions may include not moving heavy equipment, sitting occasionally, or limiting keyboard use. When a victim earns less than they did prior to their accident because of these restrictions, they are entitled to 80% of the difference. 

For instance, imagine that you earned $1,000 each week before your injury. With working restrictions, you only earn $500 per week. You would be entitled to 80% of the difference between these two amounts. 

After you have recovered to the extent possible from your workplace injury, the overseeing physician will assess your condition. They will decide whether you have ongoing medical issues that result in the loss of function. These long-lasting conditions are known as “impairments.”

If you are still able to work, the physician will determine your “impairment rating.” This number is used to calculate the length of time for which you will continue receiving benefits. 

There is a complex formula laid out in Florida statutes that determines how long benefit payments will last. Permanent impairment benefits are calculated as 75% of the temporary total disability payments. 

Some workplace injuries are more severe than others. If your on-the-job accident results in a permanent medical condition or issue, you may be eligible to receive permanent total disability benefits.

To qualify for these payments, victims must have a condition that keeps them from working. These permanent benefit payments are the same amount as temporary disability benefits.

Recipients with permanent disabilities will receive these payments until the age of 75. Those who do not qualify for Social Security payments will continue to receive total disability compensation for the remainder of their lives.

After you have been injured at work, you may find yourself wondering, “How will my case be affected by the workers’ compensation laws in Gainesville, FL?” Contact the compassionate tort attorneys at the firm of Morgan and Morgan to discuss your legal options.

When you have been injured or become ill as a result of your job, you may be unsure about what actions to take. Obviously, seeking medical attention is one of the most crucial steps following any injury.

However, you should also make sure to report the incident to your employer as soon as possible. Your claim may be dismissed if you fail to report your workplace injury within 30 days. 

After informing your employer about the on-the-job injury, you should consult with one of the accomplished legal specialists at Morgan and Morgan. Many workplace injury victims fail to receive the benefits that they deserve. Do not let this happen to you. 

Gainesville, Florida, workers’ compensation claims are sometimes denied. Some of the most common reasons for a claim denial include:

• The physician decides the victim’s injury is not sufficiently serious
• The employer denies that the injury happened on the job
• The overseeing physician decides the victim can return to work
• The physician claims the worker is exaggerating their injuries
• And more

If you are facing any of these difficulties with your Florida workers’ compensation claim, it is crucial to contact an accomplished attorney. You should not be wrongfully denied the benefits which you are due.

Almost all Florida businesses are required to hold minimum workers’ compensation insurance policies. However, there are some exceptions for certain employees and companies. 

For example, business partnerships and sole proprietors can file for workers’ compensation coverage exemptions. Other instances of exemptions in the state of Florida include:

Limited Liability Companies

Those LLCs that are not construction companies are required to register through the Florida Department of State Division of Corporations. To qualify for a workers’ compensation exemption, the applicant must:

• Own at least 10% of the corporation
• Represent an LLC with no more than ten members

There are more extensive requirements for construction companies who wish to file for workers’ compensation exemptions. 

There are many factors that could lead to disqualification for workers’ comp benefits in Florida. 

For instance, if you intentionally inflicted your injury or illness, you will not be eligible to receive benefits. This type of action qualifies as a type of insurance fraud.

Those employees who disregard safety regulations or fail to use appropriate protective equipment will not be able to recover benefits. Disobeying safety instructions can disqualify you from workers’ compensation coverage.

If an injured worker was under the influence of a controlled substance at the time of their accident, their claim would be dismissed. Drunk or intoxicated workers may be unable to adhere to safety regulations. This makes on-the-job accidents much more likely.

To determine whether you have valid grounds for a workers’ compensation benefits claim in Florida, speak with the compassionate staff at the firm of Morgan & Morgan. We will help you pursue the benefits that you need to move forward.

Some victims of workplace injuries fail to apply for benefits within the legal time limit. This legally determined time period is known as the “statute of limitations.”

Failing to file a workers’ compensation claim before the statute of limitations expires will result in the dismissal of your case. Speak with an attorney to ensure that all of the required forms are completed and filed on time.

In the state of Florida, workers’ compensation applicants must file their claim within two years of the date of the injury. There are some exceptions to this two-year limit, although they are rare.

For questions regarding the statute of limitations in your case, schedule a consultation with the attorneys at Morgan & Morgan.

When you have been injured or become ill as a result of your work, you have the right to pursue workers’ compensation benefits. The legal representatives at Morgan & Morgan know how to successfully recover compensation for the victims of on-the-job injuries in Florida. 

Do not allow your employer to deny you the benefits you have earned. Workers’ compensation payments can help you cover the costs of medical bills, lost wages, and more.

To discuss the facts of your case with a workers’ compensation specialist, complete the simple-to-use contact form on the Morgan & Morgan website today. Let our team fight for you.