In a system which treats injured employees as statistics and risk management. We treat our clients with the dignity and respect they deserve!
A workers compensation claim is not a personal injury claim. If you are injured on the job your are NOT entitled to damages for pain and suffering and emotion distress. You are, however, entitled to benefits and those benefits if handled properly should cover all of your medical expenses. You may also be entitled to compensation for wages that you are not earning while you are injured. There are also some additional incidental benefits that you may be entitled to. Finally you are entitled to money for how significantly permanent your injury is.
As a system workers compensation can be very confusing to the average worker. Attorneys can help make sense of this complicated system and they can help you maximize your benefits. In the end this should benefit both you and your family.
Type of Law and Insurance Requirements
In Florida, workers’ compensation is compulsory, but some waivers are permitted. There is no state fund. Employers may insure through private carriers, self-insurance, or through groups of employers. There is an exemption for employers with fewer than 4 employees.
Coverage of Agricultural Workers
Agricultural workers are covered, except those performing agricultural labor on a farm in the employ of a bona fide farmer or association of farmers, employing less than 5 regular employees and less than 12 other employees at one time for seasonal employment in less than 30 days, provided such seasonal employment does not exceed 45 days in the same calendar year.
Coverage of Domestic Employees
Employers are permitted to provide voluntary coverage.
Provides full medical benefits initially. After maximum medical improvement is reached, a $10 patient copayment is required for all medical services.
Benefits for Temporary Total Disability (TTD)
The percentage of worker’s wage paid is 66 2/3. For weekly payments, the minimum is $20 or actual wage if less, and the maximum is $782, 100% of SAWW. The maximum period of payments is 104 weeks. WC benefits are subject to Social Security and UI benefit offsets.
Benefits for Permanent Total Disability (PTD)
The percentage of worker’s wage paid is 66 2/3. For weekly payments, the minimum is $20 or actual wage if less, and the maximum is $782, 100% of SAWW. The maximum period of payments is the duration of disability. WC benefits are subject to Social Security and UI benefit offsets.
Benefits for Permanent Partial Disability (PPD)
The percentage of worker’s wage paid is 66 2/3. For weekly payments, there is no minimum and the maximum is $782, 100% of SAWW. For non-scheduled injuries, the maximum period of payments is 364 weeks, and the maximum payment amount is $284,648. Benefits are paid according to a wage loss formula, rather than a statutory schedule, subject to a maximum of 364 weeks of compensation for disability greater than 24%. Wage loss benefits are based on actual wages lost and are not subject to a minimum. Wage loss is equal to 80% of the difference between 80% of the employee’s average monthly wage and the wage the employee is able to earn after reaching maximum medical improvement, provided the monthly wage loss benefits shall not exceed 66 2/3 percent of the employee’s average monthly wage at the time of injury. WC benefits are subject to Social Security and UI benefit offsets.
Florida law covers disfigurements that are “Serious facial or head”. Benefits are $250 for each percent of permanent impairment of the body as a whole from 1 to 10 percent; and $500 for each percent in excess of 10 percent.
Orseck-Sherry is experienced with all aspects of representing you in your Workers Compensation case. Contact us for more details.