Of all the employment benefits workers receive, Workers’ Compensation benefits are probably the least likely to be explained to employees at any point during their employment beyond telling you, during orientation, that if you’re injured you must report the injury within 30 days. This is true even when a claim is filed for a valid on-the-job injury. While employers will assist in filing the claim, they are not likely to discuss many benefits in detail unless you ask about them. This means you have to know something about them.
Basic Rights
All of Florida’s Workers Compensation laws apply to employers of 15 or more employees. If you belong to a union, your rights may be somewhat different. Not all rights are listed here, so you should check your bargaining agreement or consult with a personal injury attorney who can point out subtleties that may or may not affect your claim.
- Employer’s cannot fire employees for filing a Workers’ Compensation claim, or for having been injured while performing their jobs.
• Employers don’t have to hold jobs open for injured workers who are on temporary disability and receiving workers compensation benefits.
• Employers are not required to rehire former workers who took temporary disability leave due to an on-the-job injury.
• Workers’ Compensation benefits include rehabilitation and re-employment services, including assessment and training.
• Although employers are not subject to civil suit when covered by Workers’ Compensation Insurance, there are exceptions when the employer is guilty of:
- Violating a state or federal law
- Sexual harassment
- Discrimination
- Willful intent to injure the worker
- Firing or threatening to fire the employee for filing a legitimate workers comp claim
- Engaging in fraudulent activities
• You have the right to file for a settlement if your initial claim has been denied within 120 days from the date of the accident.
- If you have received any workers compensation benefits, you must wait to file for a settlement until you have reached the maximum medical improvement anticipated
- Your settlement will include all benefits paid prior to the settlement date
• The employer and insurance carrier have the right to choose the treating physician. However, if the employer fails to offer a doctor or pay for the accident, the employee can then choose his own doctor.
- You must report your accident or injury within 30 days following the accident or your claim may be denied.
- Your employer must report the accident to the insurance carrier on form DWC-1 within seven days of learning of the accident.
- If your employer does not report the accident or injury to the carrier within seven days, you have the right to report it to the carrier.
The sooner you report your accident or injury to your employer, the more credibility you establish. Delays in reporting raise questions about the facts, the severity, and the actuality that the injury occurred at work.
Experienced personal injury attorneys can help protect you in the case of a work-related injury.
