What Steps Should You Take Immediately After a Work-Related Injury?

What is Worker’s Compensation?

Workers’ compensation is a type of insurance carried by Florida employers to help protect and care for any employee injured on the job or while engaged in company business. This system provides benefits to injured workers, meaning workers are able to bypass a lawsuit in order to receive care. In most cases, it also protects employers from litigious employees.

Who is Covered by Workers’ Compensation?

Any worker who is employed in the state of Florida is covered by workers’ compensation insurance. This mandates that all private and public employers that are within state lines must provide these benefits for their employees. Workers’ compensation must be provided if one or more full or part-time workers, including family members, are employed there.

Certain employees are not covered under the Workers’ Compensation Act, including:

• Specific business owners
• Licensed real estate agents
• Brokers who work on commission
• Independent contractors
• Repairers earning less than $2,000 per calendar year
• Federal employees
• Drivers with a lease agreement with a common or contract carrier

What Should I Do Following a Workplace Injury?

To ensure a successful workers’ compensation claim, be sure to do the following:

• Seek emergency treatment for all injuries, if needed.
• Report the injury to management immediately or as soon as possible. The law states that an injury must be reported within 30 days of the injury occurring.
• Choose a physician that the employer has approved to ensure that treatment is covered.

What Should My Company Do Following My Injury?

The Flordia Division of Workers’ Compensation states that when an employee is injured on the job, the company is responsible for immediately investigating the accident. During this investigation, all relevant facts regarding what transpired should be gathered and shared with the insurance company as needed. State law also requires that the employer notify the insurance company of the injury within seven days of the initial notification of the injury. The obligation to report the injury to the insurance company by the employer is typically based on the severity of the injury. Injury classification used by insurance companies will be discussed below.

First Aid Only

If only minimal first aid is needed for the injury, then the injury does not have to be reported to the company’s insurance. However, these cases still require specific information regarding the accident to be kept by the employer. A first aid situation is considered to be an injury that is treated on-site and does not require any paid medical attention. This type of injury will not hinder performance for more than a single shift. The records required to be kept are:

• The name and Social Security Number of the injured employee
• Time and date of the accident
• The occupation of the injured party
• The name of the person who created the report
• The cause of the accident
• Description of the injury
• Location of the accident

Medical Only Claim

The most common type of claim that the employer is responsible for relaying to workers’ compensation insurance is a medical-only claim. This type of injury must be reported within seven days of the injury. With a Medical Only Claim, an injured worker requires medical attention due to an accident. However, they do not lose over seven days of work due to the injury. If the employer fails to report the accident to insurance within seven days, they may be fined between $100 and $500 for late reporting.

Lost Time Claim

When an injury causes an employee to lose over seven days from work, the claim becomes a Lost Time Claim. After the reporting process has begun, the employer must also file a 13-week wage statement within 14 days of the accident. This is done to help establish an accurate Average Weekly Wage, which determines the compensation rate for the injured employee.

When reporting a work-related death, there is a different timeline. If the work-related injury results in death, then the employer must first notify the Division of Workers’ Compensation within 24 hours by phone or by using another immediate method. The employer must also inform the insurance carrier of the work-related death within seven days.

What is Covered Under Workers’ Compensation?

There are very few exceptions to coverage under Worker’s Compensation. However, benefits are likely to be significantly reduced if the injured part contributes to the severity of the injuries by using drugs or alcohol. The most common injuries submitted are:

• Injuries from falling objects
• Overexertion
• Strains and sprains
• Cuts and lacerations
• Slip and falls
• Machine entanglements
• Burns
• Head and brain trauma
• Electrical shocks
• Vehicle accidents
• Eye injuries
• Repetitive motion injuries

Types of Disability

The State of Florida recognizes different levels of disability, and each carries its own coverage. The levels are:

• Temporary total disability (TTD): Temporary but totally disabled and cannot work at all
• Temporary partial disability (TPD): Modified job duties and a reduction of hours and wages to accommodate the disability

Medical Benefits

Once an employer has been made aware of an injury, the insurance company will:

• Provide a physician
• Pay for all necessary medical expenses

Medical expenses specifically included are:

• Doctor’s exam
• Hospital stays
• Physical therapy and rehabilitation
• Medical testing
• Medication
• Travel expenses for medical treatment

Do I Need an Attorney?

After suffering from an injury on the job, you may find it helpful to speak with an attorney who has experience dealing with workers’ compensation claims. Here at Gonz Law Group, we are ready to help. Call us today at 888-GONZ-411 or fill out a contact form for a free consultation.