What Are Workers’ Compensation Benefits Intended To Cover?
Most, though not all, employers in Florida are required to carry workers’ compensation coverage. However, many workers who are injured on the job tend to be confused about exactly what these benefits are intended to cover – from medical expenses to lost wages. If you have been recently injured at work, and qualify for workers’ compensation benefits, it is important that you understand just what these funds are replacing.
No-Fault Medical Care
Florida law is specific about who is covered by workers’ compensation insurance – essentially, most businesses with 4 or more employees (or 1 or more, if in the construction industry) must carry this coverage. Workers’ compensation is a no-fault system, which means that in most situations, a person injured at work will be eligible for benefits. However, in exchange, an employee who is eligible for workers’ compensation benefits cannot usually sue their employer for their injuries.
There are two major categories of expenses that workers’ compensation benefits are intended to cover, particularly for those whose injuries keep them from working. The first, as one might imagine, is medical bills and expenses; while it is true that insurers will usually want to choose one or more doctors that an injured employee sees, in general, all required medical care – including rehabilitation expenses – will be covered until they reach maximum medical improvement.
Wage Replacement
The other major expense intended to be covered by workers’ compensation benefits is wage replacement, though not at 1:1. Florida law states that wage replacement is capped at 66 ⅔ percent of a person’s average weekly wage, which is arrived at by means of a somewhat complex formula. Some who suffer particularly severe injuries may not receive sufficient benefits to meet their needs, but other options like Social Security Disability Insurance (SSDI) may be on the proverbial table.
There are causes of injury that are not covered under workers’ compensation, but they are fairly self-explanatory: if you were under the influence at the time of your injury, for example, it will not be covered by workers’ compensation. However, there is one type of damages that is not covered under workers’ compensation even for an employee whose injury meets all the appropriate qualifications: pain and suffering damages are not available in workers’ compensation cases.
Contact An Orlando Workers’ Compensation Attorney
If you have been injured at work, and you are eligible for Florida workers’ compensation benefits, an Orlando workers’ compensation attorney can help guide you through the application process and answer your questions about the system. We are here to help – call the Hornsby Law Group today to schedule a consultation.
Source:
myfloridacfo.com/division/wc/employer/coverage-requirements
