Accidents can happen at work and employees may suffer injuries. It is important for workers to understand their rights and how the workers’ compensation system operates so they can recover and return to their normal lives.

Compensable Accidents

If you have an accident while performing your job duties, you may qualify for workers’ compensation benefits. The law requires that the injury is primarily caused by the workplace accident—more than 50 percent compared to all other causes combined. You are not required to hire an attorney; your claim can be processed without legal representation.

Coverage

Employers in Florida must provide workers’ compensation insurance. In the construction industry, any employer with one or more employees must have insurance coverage. In other industries, employers with four or more employees must have insurance coverage. Independent contractors are generally not covered.

You must report your accident to your employer and the insurance company within 30 days or your claim may be denied. After you report the accident, the insurance company should send you a letter explaining your rights. They may ask you to sign a fraud statement and a release to obtain information. If you are unsure about these documents, you may consult an attorney. There are strict deadlines, so provide information promptly to assist with the investigation.

Benefits

If you are injured at work, you may receive medical care and wage loss benefits. The insurance adjuster will select your doctor and guide your treatment. If your doctor assigns work restrictions that reduce your ability to earn wages, you may receive indemnity benefits  (aka payment for lost wages). Communicate regularly with the insurance company about your medical care and work status. Respond promptly to keep your claim moving forward.

Types of Claims

Workers’ compensation may also cover exposure claims, repetitive trauma claims, and occupational disease cases.

  • Exposure and repetitive trauma claims occur when you are exposed to harmful conditions or perform the same activity repeatedly, causing injury or worsening a condition. You must show that the hazard was greater than what the general public faces or that repeated actions caused the injury.
  • Occupational disease claims apply when a disease is caused by your job and is common in your type of work. The disease must be contracted during employment, and your job must have a higher risk of that disease than most jobs. If the disease is common, it must occur much more often in your occupation than in the general public.