Answering Your Questions After A Workplace Injury
When you are hurt on the job, it is common to have questions about what comes next or how to earn compensation for your injuries. I am Tampa attorney Richard W. Osborne and Board Certified in workers’ compensation.
Below are answers to common questions I receive from clients regarding workers’ compensation.
What type of benefits can I receive under workers’ compensation?
In most cases, injury victims are able to recover workers’ compensation for medical expenses related to a workplace injury or illness and lost income. There may also be compensation for rehabilitation costs as well as lost wages.
What types of injuries are covered under workers’ compensation?
Most injuries an employee sustains while working, regardless of fault, are covered by workers’ compensation. Common examples include repetitive stress injuries, and mental or physical strain injuries from the job. Workers who suffer from occupational illnesses can also recover benefits.
Can I still claim benefits if I was at fault for my work injury?
Yes. Workers’ compensation functions on a no-fault system, which means that you should still qualify for compensation even if the injury is your fault. There are some exceptions to this, such as workplace intoxication or injuries that are the result of violating company policy.
I’m worried I’ll get fired for filing a workers’ compensation claim. Can my employer do that?
No. Firing an employee for filing a workers’ compensation claim is an example of workplace retaliation, which is illegal. If you have been fired, demoted, denied promotion or otherwise discriminated against after filing a workers’ compensation claim, you can pursue legal action against your employer to hold them accountable.
How much time do I have to report a workplace injury in Florida?
If you suffer an injury while working in Florida, time is critical. The law gives you 30 days from the date of your accident to inform your employer. If you wait longer than that, your claim could be denied, even if the injury is serious.
In some cases, injuries happen gradually, such as those caused by repetitive tasks. If that is your situation, the 30-day countdown starts when you first notice the problem and realize it may be work-related.
Delays can make your claim harder to prove and may limit the benefits you are entitled to receive. Reporting an injury immediately can improve the odds of receiving benefits.
Can I qualify for workers’ compensation if I am categorized as an independent contractor?
Usually, independent contractors are not covered under Florida’s workers’ compensation system. These benefits are mainly for employees. However, just because you are labeled a contractor does not always mean you are legally one.
However, if your work is closely managed or you are given a schedule, are required to follow company rules or use tools and equipment supplied by the business, you may be considered an employee under the law.
That means you could still qualify for workers’ compensation, even if you did not realize it. Our workers’ compensation lawyers can help determine your real employment status and whether you are entitled to benefits.
Do part-time workers in Florida have workers’ compensation rights?
Part-time employees are covered under Florida’s workers’ compensation laws. If you are injured while doing your job duties, even if you only work a few hours a week, you have the right to seek medical treatment and possibly receive wage replacement.
The amount of money you receive will depend on your average weekly pay, meaning your benefits might be lower than those of a full-time employee, but your right to coverage still stands.
Do not let your part-time status stop you from filing a claim. If you are hurt while working, report it promptly and follow the steps to protect your health and your rights.
Get The Answers You Need
If you have more questions about workers’ compensation or want to begin seeking the compensation you deserve, contact me at Richard W. Osborne, P.A., to schedule your initial consultation today. Call 813-940-4347 or email me and take the first step.