WORKERS' COMPENSATION

If an employee of any company, at any time, gets hurt on the job, that employee is entitled to workers compensation benefits.  At the time the injury occurs, the employee must be acting in the "course and scope" of their employment to be eligible for workers’ compensation benefits.

COURSE AND SCOPE OF EMPLOYMENT:  

What does "course and scope" mean? It means that you must have been performing the duties that you were hired to perform by your employer at the time you got hurt.

For Example:   If you are driving to pick up something for your employer, and you get into a car accident, then you would be entitled to workers’ compensation benefits.  You may also have a claim against the person responsible for the accident, but you would be entitled to workers’ compensation benefits also.

Key: You must be doing something that your employer asked or expected you to be doing as part of your employment when you get injured.  There are many different circumstances that amount to "course and scope."  It is important to seek legal counsel from an attorney in your home state for a more complete understanding of this concept. 

What you as the injured employee must do when you get injured:

When the accident occurs, notify your supervisor immediately.  The law in Florida allows an injured      employee to report an accident up to thirty (30) days after the date the employee knew or should have known that an injury occurs, but there is no time like the present.  Don’t wait to report an injury, it will only complicate an otherwise simple situation.

If you believe you need more medical attention then a band-aid or an aspirin, then request to see a doctor right at the time the injury occurs.  Don’t wait to see a doctor.   Your supervisor may say to you to go home and rest for a couple of days to see how it goes.  You may give in to your supervisor for a few days, but make sure a written report of the accident has been completed (see #3 below), and make it clear that you think you should see a doctor.

Request that an accident report be completed.  In Florida, an employer must fill out a “Notice of Injury” within seven (7) days of the accident.

Note: All states are different as to certain reporting requirements.  Be sure to check what the law is with a workers’ compensation attorney in your home state.  If you need to find a workers’ compensation attorney in your town, go to the “Lawyer Locator” section, and we will assist you in finding the appropriate attorney for your needs.

WORKERS' COMPENSATION BENEFITS:

The following are the benefits available to an injured worker in Florida.  You should check with an attorney in your own state to find out exactly what benefits are available to you. 

1. The employer is required to pay all medical bills.

2. The employer must pay any lost wages for time missed which exceeds 7 days.

3. If the employee is permanently injured to any degree, impairment benefits are available.

4. There is also an entitlement to mileage reimbursement for travel to and from the doctor’s office and for medication prescribed by the doctor authorized to treat the injured employee.

There are many other benefits available, too numerous too mention here.   The above list is by no means exhaustive.  Always check with an attorney in your home state for a full understanding of all benefits available.

In Florida, and probably in most states, an employer may not discharge, threaten to discharge, harass, intimidate or coerce an employee because that employee requests workers’ compensation benefits.  Should an employer engage in such conduct, then that employer will be subject to other claims in the form of a civil lawsuit.   For more information on these issues, go to the wrongful discharge/termination page.

More Information about your case:

Click 5 18 HERE for a form to complete, and your case will be evaluated and you will receive a response to your inquiry.