Our Florida Workers Comp Lawyers Explain the Most Important Aspects of Your Claim
Workers Comp or “Workman’s Compensation” claims in Florida are controlled by Florida Statute Chapter 440. If you are injured while working on the job in Florida, you are required by Florida Statute to pursue your medical care and any lost wages by pursuing a Workman’s Compensation claim.
As our workers comp lawyers explain below, there are 3 main aspects to any Florida Workman’s Compensation claim:
Medical Care for the Work Injury
If you are injured on the job, and your claim has been accepted as compensable, the Workers’ Compensation insurance company is required to pay for all your medical care. Normally, the Workers’ Compensation insurance company, or the employer, will send you to a Workers’ Compensation clinic for your initial medical care. If the Workers’ Compensation clinic’s doctor thinks you need additional medical care, he can either prescribe the medical care, or refer you to a specialist for an evaluation. Once you receive you initial evaluation and possibly some limited physical therapy, it is usually best in most Florida Workman’s Compensation claims to be referred to a specialist such as an Orthopedic, Neurologist, Neurosurgeon, and/or Psychiatrist.
Wage Benefits
Once you have gone to your initial medical visit, your treating physician will make a determination as to whether you can return to work. If your Workman’s Compensation doctor says that you are able to return to work without restriction, you must return to your employer, or you can lose your job. If your Workman’s Compensation doctor says that you can return to work in a light duty capacity, with some type of physical restrictions, and your employer has light duty work available that fits your physical restrictions, then you must return to the employer to perform that work. However, the employer must provide you with light duty work that is within your physical restriction. If the employer does not have work within your physical restrictions, then you do not have to return to work until the doctor changes your physical restrictions. Lastly, if your Workman’s Compensation doctor says you are unable to return to work on a temporary basis, you do not have to perform any type of work. When your doctor says that you can only return light duty and your employer has no light duty work available, or you cannot return to work at all, you are entitled to Workman’s Compensation wage benefits.
Settlement
In most Workman’s Compensation claims, the injured worker may be entitled to a Workers’ Compensation settlement once he/she has completed their medical care. Many insurance companies are motivated to settle Workman’s Compensation claims once the injured worker has finished their medical care. The value of a Workman’s Compensation claim depends on the amount of medical care received, the amount of wage benefits received, and, more importantly, the amount of future medical care and wage benefits a worker may need to receive.
For more information on Workman’s Compensation claims, contact Florida Workers’ Compensation Attorney Joseph M. Maus and the rest of our team at the Maus Law Firm.