On Behalf of Rosenthal, Levy, Simon & Sosa | October 15, 2024 | Workers' Compensation
Workers’ compensation is employer-provided insurance that provides benefits to employees who are injured while at work or become ill due to their job. Employees can receive wage replacement benefits and reimbursement for medical-related expenses, regardless of fault. Additionally, families may be eligible to receive death benefits under certain circumstances.
If you have been injured while at work, our Port St. Lucie workers’ compensation lawyers are here to assist you with your claim.
An Overview of Workers’ Compensation
Workers’ compensation is insurance provided by your employer that allows you to recoup lost wages and other expenses related to your injury or job-related illness. Employees are eligible to receive benefits after missing seven consecutive days of work. Wage replacement benefits will depend on the type of disability that the employee has filed, with temporary benefits lasting for 104 weeks.
Chapter 440 of Florida workers’ compensation law defines an accident as “only an unexpected or unusual event or result that happens suddenly.” Not all situations will qualify for workers’ compensation, so it is important that you speak with a workers’ compensation attorney if your claim is denied.
Wage, Medical, & Death Benefits
Workers’ compensation offers employees three categories of benefits:
Wage Replacement
Workers’ compensation benefits include temporary partial disability, temporary total disability, permanent partial disability, and permanent total disability. The rate and length of compensation for lost income will depend upon your type of disability. Workers are entitled to a certain percentage of their average weekly wage or a maximum weekly compensation rate of $1,260 (as of 2024).
Temporary Partial Disability
If you qualify for temporary partial disability (TPD), you may be allowed to work, but the severity or extent of your injury may prevent you from returning to your normal job. Employees on TPD are typically restricted to performing lighter duties. TPD wage replacement benefits equal the difference between 80% of your average weekly wages prior to your injury and your wages working with restrictions.
Temporary Total Disability
If you are unable to work entirely for a temporary period, you may apply for temporary total disability (TTD). Under TTD, you will be eligible for two-thirds of your average weekly wage prior to your injury or illness. The maximum weekly state compensation rate still applies. Your benefit will last for 104 weeks, and if you are still eligible for disability after the 104 weeks, you will receive another type of benefit.
Permanent Partial Disability
< target="_blank" rel="noopener" href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.02.html">Fla. Stat. §440.02 (31) defines permanent impairment as “any anatomic or functional abnormality or loss determined as a percentage of the body as a whole…” A person who has suffered a permanent injury, such as losing a thumb or suffering from a chronic illness due to toxic exposure, may be eligible to receive permanent partial disability (PPD).
Benefits will be calculated based on a person’s impairment rating, with a worker being given an extremity injury or whole person rating. Your impairment rating will be determined by a physician only after you have reached maximum medical improvement (MMI). This is the point at which you will no longer make any meaningful recovery, which will be determined by your physician.
Permanent Total Disability
If you have suffered an injury or illness that has left you unable to work for the rest of your life, then you may be able to receive permanent total disability (PTD) benefits. You will receive two-thirds of your average weekly wages, with benefits lasting until you reach age 75.
Medical Benefits
Under Florida workers’ compensation laws, you will be entitled to the following medical benefits:
- Worker Doctor visits
- Prescriptions
- Hospitalization
- Surgeries
- Medical imaging and other tests
- Physical Therapy
- Prosthesis
- Travel expenses
The moment you suffer an injury is the moment you should speak with a Port St. Lucie workers’ compensation attorney to guarantee that you recover benefits for any medical bills related to your accident.
Death Benefits
If an employee dies within one year of a work-related accident or five years of continuous disability, families may be eligible to receive death benefits. Death benefits are capped at $150,000 and include up to $7,500 in funeral and burial costs, compensation to dependents, and educational benefits to the surviving spouse.
Port St. Lucie Workers’ Compensation Attorneys Dedicated to Helping Injured Workers
If you have been injured as an employee or suffered an illness caused by your work environment, you may be entitled to workers’ compensation. At Rosenthal, Levy, Simon & Sosa, our Port St. Lucie workers’ compensation attorneys are dedicated to helping employees recover the benefits that are due to them. To learn how we can help you, contact us online or by phone.
Gerald A. Rosenthal
Retired
Since opening the firm now known as Rosenthal, Levy, Simon & Sosa more than 40 years ago, Gerald A. Rosenthal has been a dedicated champion of the everyday hero – police officers, firefighters, teachers, nurses, construction workers, farm workers, and more. Passionate about preserving the civil rights of laborers, he has fought tirelessly against giant insurance companies who deny the injured workers their benefits. It’s not just the lawsuit Rosenthal fights to win – he is driven by the opportunity to restore his client’s quality of life.
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