What Constitutes Workers’ Compensation?

What Constitutes Workers’ Compensation?

On Behalf of Rosenthal, Levy, Simon & Sosa | February 3, 2025 | Workers' Compensation

Under Florida law, businesses with four or more employees must carry workers’ compensation. Workers’ compensation provides wage replacement and medical benefits to employees while also providing death benefits to surviving family members. Benefit eligibility depends on your claim being approved, regardless of whether you were at fault. Wage reimbursement will depend on whether you are able to work and in what capacity.

If you have recently suffered a job-related injury, our West Palm Beach workers’ compensation lawyers are here to ensure you receive maximum compensation on your claim. 

Florida Workers’ Compensation: What You Need to Know

Workers’ compensation is employer-provided insurance that acts as a security blanket, replacing lost wages and any “reasonable and necessary” medical expenses related to an occupational illness or job-related injury. Generally, workers’ compensation benefits will apply if you are performing a task within the scope of your employment. Benefits will most likely not apply if you have an accident traveling to or from your job, although you may qualify if you are normally compensated for your travel time or are driving a company-owned vehicle. Furthermore, there is a seven-day waiting period before you can receive benefits, but benefits will be applied retroactively if your disability lasts more than 21 days. 

Florida workers’ compensation offers temporary or permanent disability benefits. Temporary disability benefits will last 104 weeks or until the employee reaches maximum medical improvement (MMI), with permanent disability benefits lasting until the employee reaches age 75. If an employee dies within one year of a work-related accident or five years of continuous disability, then the deceased’s dependents may receive death benefits, which will include $7,500 in funeral and burial expenses, educational benefits to the spouse, and wage replacement based on a percentage of the employee’s average weekly earnings.

Employees receiving temporary total disability (who are unable to work entirely for a certain timeframe) will receive 66 2/3 percent of their average weekly wages. As of January 1, 2024, the statutory cap is $1,260 per week, although this amount is adjusted annually based on the rate of inflation. 

What Medical Expenses are Covered Under Workers’ Compensation?

Workers’ compensation insurance will cover any necessary medical services used to diagnose or treat an employee’s condition. The service provided must be the acceptable standard of care in the applicable field while also considered safe.

Medical benefits under workers’ compensation encompasses the following:

• Hospitalizations
• Surgeries and procedures
• Medical imaging and laboratory testing
• Rehabilitative therapies
• Specialist visits
• Follow-ups with treating physicians
• Prescription costs
• Travel expenses to doctor’s office and pharmacy

Do I Need to Hire a Workers’ Compensation Lawyer if Submitting a Claim?

Collecting maximum compensation for your workers’ compensation claim requires gathering the necessary information and adhering to strict deadlines. Missing one deadline or failing to provide complete information may result in a claim denial. Having someone to guide you through the process will help to take the pressure off of you, allowing you to focus on healing.

Our West Palm Beach workers’ compensation lawyers know that obtaining the benefits that you deserve is key to a full recovery, helping you to financially support yourself and your family during this difficult time. Our team of professionals has experience in handling the complex nature of this process, helping you to achieve the best possible outcome. 

Injured on the Job? Reach Out to Our West Palm Beach Workers’ Compensation Attorneys

If you or a family member have sustained a work-related accident or illness, do not hesitate to contact our West Palm Beach workers’ compensation lawyers. Our legal team understands the gravity of what is at stake, knowing that any amount recovered can benefit your future endeavors. With 40 years of assisting injured workers recover just compensation, we are ready to go to work for you. To learn how we can help you with your workers’ compensation claim, contact Rosenthal, Levy, Simon & Sosa Attorneys at Law, online or by phone today.