Don’t Be Afraid to File a Worker’s Compensation Claim

Written on June 09, 2011. Posted in Blog

Don’t Be Afraid to File a Worker’s Compensation Claim

If you’re injured at work, it’s important that you not be afraid of filing for a worker’s compensation claim. By law your right to do so is protected, regardless of your immigration status.

Many workers in Florida fear that filing for a worker’s compensation claim will cost them their jobs, even though the law was made for the protection of everybody. Often a lack of understanding of the worker’s compensation process convinces injured workers that they would be better off hiding their injuries.

What is Worker’s Compensation?

Worker’s compensation is an insurance program run by the state of Florida that is designed to assist people that have been hurt while on the job, or from a direct result of being on the job. All employers are required to be a part of the worker’s compensation program.

What should I do if I’m injured at work?

The first step is to make sure your supervisor is aware of your injury. The state of Florida allows for up to 30 days for you to document your case at work after the initial injury. If you fail to tell your employer within that 30 days, you may forfeit the right to file for worker’s compensation.

After you’ve told your employer about your injury, you have up to two years to file for worker’s compensation.

What benefits does Worker’s Compensation Cover?

If the injury is not fatal, then the employee will have their medical treatments covered, and will receive temporary disability pay to cover the loss of wages. This pay is typically 66.67% of your weekly salary.

In order to be eligible for temporary disability you must have been unable to work for at least seven days. Once you’ve been approved for temporary disability your income will be retroactive from the moment you were injured.

In the event of a permanent disability, the employee may be eligible for up to 80% of their weekly salary. This is typical in cases when the worker can no longer perform the duties of their job.

If death occurs from the injury, worker’s compensation will cover $7500 for burial expenses and $150,000 in benefits to all survivors that are dependents.

What if my employer refuses to provide benefits?

In the case where your employer refuses to pay your benefits, it is highly recommended that you consult an attorney. Your attorney will be able to file a worker’s compensation claim directly with the state.

It is illegal for an employer to take any kind of action against an employee for having made a worker’s compensation claim.

What are the rights of illegal workers regarding worker’s compensation?

In the state of Florida all workers have the right to worker’s compensation, regardless of their immigration status. This actually applies to many labor laws -- illegal immigrants have the right to file worker’s compensation claims.

Do any other laws apply?

The Americans with Disabilities Act is another law that was created to protect disabled workers from discrimination. If you are discriminated against because of your disability you may be able to file a claim against your employer.

The Family and Medical Leave Act may also help to protect you if your employer is discriminating against your absence due to a medical emergency for you or a close family member.

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