Tag: #LawsIn50States

Work­ers com­pen­sa­tion laws vary from state to state, so it is impor­tant to be aware of the laws in your state. If you are injured on the job, you may be enti­tled to ben­e­fits, such as med­ical care, lost wages, and voca­tion­al reha­bil­i­ta­tion. To learn more about work­ers com­pen­sa­tion laws in your state, you can con­tact your state’s depart­ment of labor or work­ers com­pen­sa­tion board.

Workers’ Comp for Employees and 1099 Contractors

Read­ing Time: 2 min­utes

Navigating the Maze: Workers’ Comp for Employees and 1099 Contractors

Ever heard of a “1099 employ­ee”? Well, pre­pare to have your mind blown – there’s no such thing! Those work­ing for a com­pa­ny fall into two dis­tinct cat­e­gories: employ­ees and 1099 con­trac­tors, and under­stand­ing the dif­fer­ence has major impli­ca­tions for both par­ties, espe­cial­ly when it comes to work­ers’ com­pen­sa­tion insur­ance.

Employee vs. Contractor: A Tale of Two Workstyles

Think of employ­ees as the clock-in/­clock-out crew. They receive reg­u­lar wages, work under the com­pa­ny’s direct super­vi­sion, and use its tools and equip­ment. Com­pa­nies with­hold tax­es from their pay­checks and pro­vide ben­e­fits like health insur­ance and retire­ment plans.

1099 con­trac­tors, on the oth­er hand, thrive on inde­pen­dence. They usu­al­ly work through con­tracts, with clients spec­i­fy­ing the pro­jec­t’s goals but not the exact work­ing meth­ods. They receive 1099 forms instead of W‑2s, han­dle their own tax­es, and often secure their own benefits.

Workers’ Comp: A Safety Net for Work Wobbles

Now, what if some­one gets hurt on the job? That’s where work­ers’ com­pen­sa­tion insur­ance comes in. It’s a safe­ty net that kicks in if an employ­ee gets injured or falls ill because of their work. It cov­ers med­ical bills, lost wages, and even dis­abil­i­ty ben­e­fits in severe cases.

For Employ­ees: Work­ers’ comp is their legal right in most states. Com­pa­nies are required to car­ry this insur­ance for their employ­ees and it pro­vides them with peace of mind, know­ing they’ll be tak­en care of if the unex­pect­ed happens.

For 1099 Con­trac­tors: The laws around work­ers’ comp for inde­pen­dent con­trac­tors are less clear-cut. Gen­er­al­ly, com­pa­nies aren’t oblig­at­ed to pro­vide it, but con­trac­tors can choose to pur­chase it them­selves. In cer­tain high-risk indus­tries or states, like con­struc­tion in Cal­i­for­nia, sole pro­pri­etors might even be required to have it.

Why Consider Workers’ Comp for Everyone?

While not always manda­to­ry for con­trac­tors, work­ers’ comp offers invalu­able ben­e­fits for both parties:

  • Con­trac­tors: Get valu­able finan­cial pro­tec­tion for work-relat­ed injuries and ill­ness­es. It cov­ers med­ical bills, lost income, and even dis­abil­i­ty, pre­vent­ing finan­cial hardship.
  • Com­pa­nies: Gain immu­ni­ty from law­suits filed by injured con­trac­tors. With work­ers’ comp in place, the claim and any legal pro­ceed­ings are han­dled by the insur­ance com­pa­ny, shield­ing the com­pa­ny from liability.

The Bottom Line:

Under­stand­ing the work­er clas­si­fi­ca­tion and work­ers’ comp land­scape is cru­cial for both com­pa­nies and con­trac­tors. Employ­ees are legal­ly enti­tled to this insur­ance, while con­trac­tors can choose to invest in it for their own pro­tec­tion. Remem­ber, a work­place injury can hap­pen to any­one, and hav­ing the right safe­ty net in place makes all the difference.

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Brief History of Workers Comp Laws

Read­ing Time: 5 min­utes

Work­ers’ Comp Laws is a work in work-in-progress set of laws. Every decade there have been improve­ments in mak­ing the sys­tem work effi­cient­ly and help get the injured work­er back to work.

How­ev­er, the devel­op­ment of this law, vary­ing in 50 states is quite interesting.

Otto vonBismarck

Otto von Bis­mar­ck, the Chan­cel­lor of the Ger­man Empire, intro­duced the first mod­ern work­ers’ com­pen­sa­tion law in 1884. The law, known as the Acci­dent Insur­ance Law, pro­vid­ed ben­e­fits to work­ers who were injured or killed on the job. The law was a major step for­ward in pro­tect­ing work­ers’ rights and ensur­ing that they were com­pen­sat­ed for their injuries.

Bis­mar­ck­’s law was based on the prin­ci­ple of social insur­ance, which holds that the gov­ern­ment has a respon­si­bil­i­ty to pro­vide for the wel­fare of its cit­i­zens. The law was also moti­vat­ed by a desire to head off the grow­ing social­ist move­ment in Ger­many. By pro­vid­ing work­ers with finan­cial assis­tance, Bis­mar­ck hoped to reduce their reliance on unions and social­ist parties.

Bis­mar­ck­’s law was a suc­cess, and it was soon adopt­ed by oth­er coun­tries around the world. Today, work­ers’ com­pen­sa­tion laws are in place in every state in the Unit­ed States. These laws pro­vide impor­tant ben­e­fits to work­ers who are injured or killed on the job, and they help to ensure that work­ers are able to recov­er from their injuries and return to work.

Bis­mar­ck­’s lega­cy in the field of work­ers’ com­pen­sa­tion is sig­nif­i­cant. He was the first leader to rec­og­nize the impor­tance of pro­vid­ing finan­cial assis­tance to work­ers who were injured on the job. His law was a major step for­ward in pro­tect­ing work­ers’ rights and ensur­ing that they were com­pen­sat­ed for their injuries.

Introduction of Workers Comp Laws in United States

Work­ers’ com­pen­sa­tion laws in the Unit­ed States have evolved over time to pro­vide pro­tec­tion and ben­e­fits to employ­ees who suf­fer work-relat­ed injuries or ill­ness­es. Here is a brief his­to­ry of work­ers’ com­pen­sa­tion laws in the USA:

  1. Ear­ly Com­mon Law (pre-20th cen­tu­ry): Before the intro­duc­tion of work­ers’ com­pen­sa­tion laws, injured work­ers had to file law­suits against their employ­ers to seek com­pen­sa­tion for work­place injuries. These cas­es were based on com­mon law prin­ci­ples and required the injured work­er to prove that the employ­er was negligent.
  2. Employ­er Lia­bil­i­ty Laws: In the late 19th cen­tu­ry, sev­er­al states enact­ed employ­er lia­bil­i­ty laws. These laws allowed work­ers to sue their employ­ers for dam­ages caused by unsafe work­ing con­di­tions, but the bur­den of proof was still on the work­er to demon­strate employ­er negligence.
  3. Intro­duc­tion of Work­ers’ Com­pen­sa­tion: The mod­ern work­ers’ com­pen­sa­tion sys­tem orig­i­nat­ed in the ear­ly 20th cen­tu­ry. In 1908, the first state-lev­el work­ers’ com­pen­sa­tion law was enact­ed in Wis­con­sin. This law pro­vid­ed a no-fault sys­tem where injured work­ers could receive com­pen­sa­tion for med­ical expens­es and lost wages with­out hav­ing to prove employ­er neg­li­gence. The Wis­con­sin Work­ers’ Com­pen­sa­tion Act was a suc­cess, and it was soon adopt­ed by oth­er states.
  4. Fed­er­al Work­ers’ Com­pen­sa­tion: In 1916, the Fed­er­al Employ­ees’ Com­pen­sa­tion Act (FECA) was passed, estab­lish­ing a work­ers’ com­pen­sa­tion pro­gram for fed­er­al employ­ees. FECA pro­vides ben­e­fits sim­i­lar to state work­ers’ com­pen­sa­tion laws for fed­er­al work­ers who suf­fer job-relat­ed injuries or illnesses.
  5. Expan­sion and Adop­tion by Oth­er States: Fol­low­ing Wis­con­sin’s lead, oth­er states start­ed enact­ing their own work­ers’ com­pen­sa­tion laws. By 1921, all but six states had imple­ment­ed work­ers’ com­pen­sa­tion sys­tems. These laws var­ied from state to state, but they gen­er­al­ly pro­vid­ed med­ical ben­e­fits, wage replace­ment, and reha­bil­i­ta­tion ser­vices to injured work­ers.
  6. Social Secu­ri­ty Act of 1935: The Social Secu­ri­ty Act includ­ed pro­vi­sions for work­ers’ com­pen­sa­tion as well. It man­dat­ed that states devel­op and main­tain work­ers’ com­pen­sa­tion pro­grams that met cer­tain min­i­mum require­ments. The Act encour­aged uni­for­mi­ty and the pro­tec­tion of work­ers’ rights across dif­fer­ent states.
  7. Fifty States of Com­pen­sa­tion: By 1949, every state had enact­ed a work­ers’ com­pen­sa­tion law. These laws pro­vide impor­tant ben­e­fits to work­ers who are injured or killed on the job, and they help to ensure that work­ers are able to recov­er from their injuries and return to work.
  8. Fifty Shades of Gray: It’s impor­tant to note that work­ers’ com­pen­sa­tion laws can vary sig­nif­i­cant­ly from state to state, as they are pri­mar­i­ly reg­u­lat­ed at the state lev­el. There­fore, the spe­cif­ic details and pro­vi­sions of work­ers’ com­pen­sa­tion laws may dif­fer depend­ing on the jurisdiction.
  9. Fifty Boards of Com­pen­sa­tion: Work­ers’ com­pen­sa­tion laws are reg­u­lat­ed at the state lev­el. This means that each state has its own require­ments, exemp­tions, and penal­ties. For exam­ple, some states require all employ­ers to car­ry work­ers’ com­pen­sa­tion insur­ance, while oth­er states only require employ­ers with a cer­tain num­ber of employ­ees to car­ry insur­ance. Some states also have dif­fer­ent require­ments for what types of injuries are cov­ered by work­ers’ compensation.

Ongoing Reforms

Over the years, work­ers’ com­pen­sa­tion laws have been sub­ject to ongo­ing reforms at the state lev­el. These reforms aim to address a wide range of crit­i­cal issues relat­ed to ben­e­fit lev­els, eli­gi­bil­i­ty cri­te­ria, med­ical treat­ment guide­lines, and cost con­tain­ment mea­sures, among oth­er aspects. 

It is through such com­pre­hen­sive reforms that these laws strive to offer bet­ter pro­tec­tion and sup­port for employ­ees who suf­fer work-relat­ed injuries or ill­ness­es. As work­places con­tin­ue to evolve and adapt to new chal­lenges, the nature of work itself has under­gone sig­nif­i­cant transformations. 

This has neces­si­tat­ed changes in work­ers’ com­pen­sa­tion laws to appro­pri­ate­ly address emerg­ing issues. 

For exam­ple, these reforms have tak­en into account the recog­ni­tion of occu­pa­tion­al dis­eases, ensur­ing that employ­ees are ade­quate­ly com­pen­sat­ed and sup­port­ed in such circumstances. 

Men­tal health con­di­tions have also deserved­ly come to the fore­front, prompt­ing reforms to bet­ter address the unique needs of indi­vid­u­als expe­ri­enc­ing work-relat­ed psy­cho­log­i­cal challenges. 

Ongo­ing reforms in work­ers’ com­pen­sa­tion laws are a result of a num­ber of fac­tors, including:

  • The ris­ing cost of work­ers’ com­pen­sa­tion: The cost of work­ers’ com­pen­sa­tion has been ris­ing steadi­ly in recent years, putting a strain on employ­ers and insur­ance com­pa­nies. This has led to calls for reforms that would reduce the cost of work­ers’ com­pen­sa­tion, while still pro­vid­ing ade­quate ben­e­fits to injured workers.
  • Changes in the nature of work: The nature of work has changed sig­nif­i­cant­ly in recent years, with more and more peo­ple work­ing in jobs that involve repet­i­tive motion, stress, and expo­sure to haz­ardous sub­stances. These changes have led to an increase in the num­ber of occu­pa­tion­al dis­eases and men­tal health con­di­tions, which are often not cov­ered by tra­di­tion­al work­ers’ com­pen­sa­tion laws.
  • The desire to improve effi­cien­cy and reduce admin­is­tra­tive costs: Work­ers’ com­pen­sa­tion sys­tems can be com­plex and time-con­sum­ing to admin­is­ter. This has led to calls for reforms that would stream­line the process and reduce admin­is­tra­tive costs.

Proposed Reforms

Some of the spe­cif­ic reforms that have been pro­posed or imple­ment­ed in recent years include:

  • Changes to ben­e­fit lev­els: Some states have pro­posed or imple­ment­ed changes to ben­e­fit lev­els, such as reduc­ing the amount of tem­po­rary dis­abil­i­ty ben­e­fits or increas­ing the wait­ing peri­od before ben­e­fits begin.
  • Changes to eli­gi­bil­i­ty cri­te­ria: Some states have pro­posed or imple­ment­ed changes to eli­gi­bil­i­ty cri­te­ria, such as mak­ing it more dif­fi­cult for work­ers to qual­i­fy for ben­e­fits or requir­ing work­ers to sub­mit to drug test­ing before they can receive benefits.
  • Changes to med­ical treat­ment guide­lines: Some states have pro­posed or imple­ment­ed changes to med­ical treat­ment guide­lines, such as requir­ing work­ers to see a doc­tor who is pre-approved by the insur­ance com­pa­ny or requir­ing work­ers to receive treat­ment from a net­work of providers.
  • Cost con­tain­ment mea­sures: Some states have pro­posed or imple­ment­ed cost con­tain­ment mea­sures, such as requir­ing employ­ers to pay a high­er pre­mi­um if they have a high num­ber of work­ers’ com­pen­sa­tion claims or requir­ing employ­ers to imple­ment safe­ty programs.

The ongo­ing reforms in work­ers’ com­pen­sa­tion laws are like­ly to con­tin­ue in the years to come. As the nature of work con­tin­ues to change and the cost of work­ers’ com­pen­sa­tion con­tin­ues to rise, there will be a need for reforms that bal­ance the inter­ests of employ­ers, insur­ers, and injured workers.

The ongo­ing reforms in work­ers’ com­pen­sa­tion laws reflect soci­ety’s com­mit­ment to safe­guard the rights and well-being of its work­force. By con­stant­ly eval­u­at­ing and refin­ing these legal frame­works, states seek to strike a bal­ance between pro­tect­ing employ­ees and main­tain­ing a fair and sus­tain­able sys­tem for employ­ers. It is through this con­tin­u­ous process of improve­ment that work­ers’ com­pen­sa­tion laws can effec­tive­ly respond to the evolv­ing land­scape of work and ensure ade­quate sup­port for those who need it most.

Return-to-Work: A Win-Win for Injured Employees

Read­ing Time: 7 min­utes

If you have been injured at work, con­tact our expe­ri­enced work­ers’ com­pen­sa­tion lawyers today at 844–682-0999 for a free consultation.

  • The impor­tance of return­ing to work after a work­place injury
  • Ben­e­fits for the injured employ­ee, includ­ing finan­cial sta­bil­i­ty and increased self-worth
  • Ben­e­fits for the employ­er, includ­ing decreased costs and increased productivity
  • Strate­gies for suc­cess­ful return to work programs
  • The role of work­ers’ com­pen­sa­tion in facil­i­tat­ing return to work programs

Return-to-Work: A Win-Win for Injured Employees and Employers

Return-to-Work (RTW) pro­grams pro­vide a win-win for employ­ers and injured employ­ees. These pro­grams enable injured employ­ees to con­tin­ue work­ing in a mod­i­fied role while they are heal­ing, which helps to reduce the costs asso­ci­at­ed with work­place injuries. Addi­tion­al­ly, RTW pro­grams pro­vide injured employ­ees with an income while they recov­er, allow­ing them to main­tain finan­cial sta­bil­i­ty. In this arti­cle, we will explore the ben­e­fits of RTW and how these pro­grams can help both employ­ers and employees.

The Benefits of Return-to-Work

Return-to-Work pro­grams pro­vide a num­ber of ben­e­fits for employ­ers and employ­ees alike. First and fore­most, RTW pro­grams help to reduce the costs asso­ci­at­ed with work­place injuries. These pro­grams enable employ­ers to avoid the costs of hir­ing and train­ing a new employ­ee, as well as the costs of cov­er­ing sick pay. Addi­tion­al­ly, RTW pro­grams help to reduce the amount of time an employ­ee is absent from work, which can help to increase over­all productivity.

From an employ­ee’s per­spec­tive, RTW pro­grams pro­vide a num­ber of ben­e­fits. For exam­ple, these pro­grams can help to reduce the finan­cial strain asso­ci­at­ed with work­place injuries. Addi­tion­al­ly, RTW pro­grams can help injured employ­ees to main­tain their phys­i­cal and men­tal health by pro­vid­ing them with a sense of struc­ture and rou­tine. Injured employ­ees may also be able to ben­e­fit from reduced stress lev­els, as they do not need to wor­ry about the costs asso­ci­at­ed with their injury.

States that have Return-to-Work programs and the benefits offered

  • Alaba­ma: The state’s “Stay at Work” pro­gram pro­vides wage reim­burse­ment to employ­ers who offer light-duty work to injured employees.
  • Alas­ka: The state’s “Back to Work” pro­gram pro­vides finan­cial assis­tance to employ­ers who hire injured work­ers or offer light-duty work.
  • Ari­zona: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • Arkansas: The state’s “Back to Work” pro­gram pro­vides finan­cial incen­tives to employ­ers who offer light-duty work to injured workers.
  • Cal­i­for­nia: The state’s “Return-to-Work Sup­ple­ment Pro­gram” pro­vides a $5,000 pay­ment to qual­i­fied injured work­ers who return to work with­in 60 days of receiv­ing a dis­abil­i­ty payment.
  • Col­orado: The state’s “Pre­ferred Work­er Pro­gram” pro­vides a finan­cial incen­tive to employ­ers who hire injured work­ers with per­ma­nent work restrictions.
  • Con­necti­cut: The state’s “Con­necti­cut Re-employ­ment and Eli­gi­bil­i­ty Assess­ment” pro­gram pro­vides job search assis­tance and train­ing to injured work­ers who are unable to return to their pre­vi­ous job.
  • Delaware: The state’s “Stay at Work/Return to Work” pro­gram pro­vides finan­cial incen­tives to employ­ers who offer mod­i­fied or alter­na­tive work to injured workers.
  • Flori­da: The state’s “Reem­ploy­ment Ser­vices Pro­gram” pro­vides job place­ment ser­vices to injured work­ers who are unable to return to their pre­vi­ous job.
  • Geor­gia: The state’s “Geor­gia Back to Work” pro­gram pro­vides finan­cial incen­tives to employ­ers who hire injured work­ers or offer light-duty work.
  • Hawaii: The state’s “Back to Work” pro­gram pro­vides wage sub­si­dies to employ­ers who hire injured workers.
  • Ida­ho: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • Illi­nois: The state’s “Back to Work” pro­gram pro­vides finan­cial incen­tives to employ­ers who offer light-duty work to injured workers.
  • Indi­ana: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • Iowa: The state’s “Employ­er Inno­va­tion Fund” pro­vides fund­ing to employ­ers who offer light-duty work to injured workers.
  • Kansas: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • Ken­tucky: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • Louisiana: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • Maine: The state’s “Back to Work” pro­gram pro­vides finan­cial incen­tives to employ­ers who hire injured workers.
  • Mary­land: The state’s “Mary­land WorkS­mart” pro­gram pro­vides job search assis­tance and train­ing to injured work­ers who are unable to return to their pre­vi­ous job.
  • Mass­a­chu­setts: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • Michi­gan: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • Min­neso­ta: The state’s “Voca­tion­al Reha­bil­i­ta­tion Ser­vices” pro­gram pro­vides job coach­ing and train­ing to injured work­ers to help them.
  • Mis­sis­sip­pi: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • Mis­souri: The state’s “Sec­ond Injury Fund” pro­vides finan­cial assis­tance to employ­ers who hire work­ers with pre-exist­ing injuries or conditions.
  • Mon­tana: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • Nebras­ka: The state’s “Return to Work” pro­gram pro­vides finan­cial incen­tives to employ­ers who offer light-duty work to injured workers.
  • Neva­da: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • New Hamp­shire: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • New Jer­sey: The state’s “Back to Work” pro­gram pro­vides finan­cial incen­tives to employ­ers who hire injured workers.
  • New Mex­i­co: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • New York: The state’s “Pre­ferred Provider Orga­ni­za­tion (PPO)” pro­gram con­nects injured work­ers with med­ical providers who spe­cial­ize in treat­ing work-relat­ed injuries and can help them get back to work as quick­ly and safe­ly as possible.
  • North Car­oli­na: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • North Dako­ta: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • Ohio: The state’s “Stay-at-Work” pro­gram pro­vides fund­ing to employ­ers to make work­place mod­i­fi­ca­tions or pro­vide train­ing that will enable an injured work­er to remain on the job.
  • Okla­homa: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • Ore­gon: The state’s “Pre­ferred Work­er Pro­gram” pro­vides a finan­cial incen­tive to employ­ers who hire injured work­ers with per­ma­nent work restrictions.
  • Penn­syl­va­nia: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • Rhode Island: The state’s “Back to Work” pro­gram pro­vides finan­cial incen­tives to employ­ers who hire injured workers.
  • South Car­oli­na: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • South Dako­ta: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • Ten­nessee: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • Texas: The state’s “Return-to-Work Pro­gram” pro­vides assis­tance to injured work­ers in find­ing suit­able employ­ment and also pro­vides incen­tives to employ­ers who hire injured workers.
  • Utah: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • Ver­mont: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • Vir­ginia: The state’s “Return to Work” pro­gram pro­vides finan­cial incen­tives to employ­ers who offer light-duty work to injured workers.
  • Wash­ing­ton: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • West Vir­ginia: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.
  • Wis­con­sin: The state’s “Return to Work” pro­gram pro­vides finan­cial incen­tives to employ­ers who offer light-duty work to injured workers.
  • Wyoming: The state’s “Stay at Work” pro­gram pro­vides reim­burse­ment to employ­ers for some of the costs of pro­vid­ing tem­po­rary, mod­i­fied, or alter­na­tive work to injured workers.

State Specific Programs

It’s worth not­ing that the spe­cif­ic ben­e­fits and eli­gi­bil­i­ty cri­te­ria for these pro­grams may vary from state to state, so it’s impor­tant to check with each state’s work­ers’ com­pen­sa­tion agency or depart­ment for more detailed information.

An expe­ri­enced work­ers’ comp lawyer who is famil­iar with local laws can guide you through the maze of com­plex work­ers’ comp laws that vary from state to state, for both the employ­ees and employers.

Unlocking a Win-Win for Injured Employees

In order for RTW pro­grams to be suc­cess­ful, it is impor­tant that employ­ers and employ­ees are both com­mit­ted to mak­ing the pro­gram work. Employ­ers should ensure that they have a clear RTW pol­i­cy in place and that they are encour­ag­ing injured employ­ees to return to work. Employ­ees should also take advan­tage of any resources or mod­i­fied roles that are avail­able to them. By work­ing togeth­er, employ­ers and employ­ees can cre­ate a win-win sit­u­a­tion in which both par­ties ben­e­fit from the RTW program.

It is impor­tant to note that RTW pro­grams should be tai­lored to the indi­vid­ual needs of the employ­ee. Employ­ers should strive to cre­ate a sup­port­ive envi­ron­ment in which injured employ­ees are able to recov­er in a safe and com­fort­able man­ner. Addi­tion­al­ly, employ­ers should ensure that employ­ees have access to the resources and sup­port they need to be suc­cess­ful in their mod­i­fied roles.

In sum­ma­ry, RTW pro­grams pro­vide a win-win for employ­ers and injured employ­ees. These pro­grams help to reduce costs asso­ci­at­ed with work­place injuries, while pro­vid­ing injured employ­ees with a sense of sta­bil­i­ty and struc­ture. In order for RTW pro­grams to be suc­cess­ful, it is impor­tant that employ­ers and employ­ees are both com­mit­ted to mak­ing the pro­gram work. By work­ing togeth­er, employ­ers and employ­ees can cre­ate a ben­e­fi­cial sit­u­a­tion in which both par­ties ben­e­fit from the RTW program.

More Questions about Return to Work Programs?

  • Return to work pro­gram for injured workers
  • Work­ers’ com­pen­sa­tion ben­e­fits for injured employees
  • Work­ers’ com­pen­sa­tion claims process
  • Reha­bil­i­ta­tion pro­grams for work­place injuries
  • Dis­abil­i­ty ben­e­fits for injured workers

Top 5 related topics for further reading:

  1. Impor­tance of work­place safe­ty programs
  2. Rights and respon­si­bil­i­ties of injured work­ers under work­ers’ com­pen­sa­tion laws
  3. The role of health­care providers in facil­i­tat­ing return to work programs
  4. Strate­gies for man­ag­ing work­place injuries and pre­vent­ing work­place accidents
  5. The impact of COVID-19 on return to work pro­grams and work­ers’ com­pen­sa­tion benefits.

Further Readings

Work­ers’ Comp Return to Work Pol­i­cy | Work­ers’ Compensationhttps://www.thehartford.com/workers-compensation/return-to-work-policyA return-to-work pol­i­cy allows your employ­ees to return to a light-duty job while they recov­er from an ill­ness or injury at work. A return-to-work pol­i­cy is …
Stay at Work/Return to Work — U.S. Depart­ment of Laborhttps://www.dol.gov/agencies/odep/initiatives/saw-rtwHow­ev­er, many injured or ill work­ers could remain in their jobs or the work­force if they received time­ly, effec­tive help. Ear­ly stay-at-work/re­turn-to-work …
What is Return-to-Work? — Penn­syl­va­nia Depart­ment of Laborhttps://www.dli.pa.gov/Businesses/Compensation/workplace-comm-safety/ReturnToWork/Documents/return-to-work_full_version.pdfThe Return-to-Work process restores a work­er to the work­place as part of his or her recov­ery pro­gram. This max­i­mizes treat­ments and min­i­mizes long-term workers …
Tips for Return­ing to Work After an Injury | When Do I Have to …https://mycomplawyers.com/tips-returning-work-injury/Return­ing to work after work­ers’ com­pen­sa­tion, how­ev­er, needs to be done care­ful­ly. Injured work­ers want to make sure that they’ve ful­ly recov­ered from their …
Learn About Our Work­ers’ Comp Return To Work Programshttps://www.employers.com/workers-compensation/return-to-work-program/Advances the goal of per­ma­nent return to work

#Ama­zon #Appeal­sProcess #Back­ToWorkAf­ter­In­jury #Cal­cu­la­tors #Claims­De­nied #Con­struc­tion­Work­er­sCom­pen­sa­tion #Death­Ben­e­fits #Employ­ers #Flori­da­Work­er­sComp­Ben­e­fits #FreeCon­sult #Inde­pen­dent­Con­trac­tors #Injure­dAt­Work #Insur­ance­For­Work­er­sComp #LawsIn50States #Lawyer #Med­ical­Ben­e­fits #NJLaws #Occu­pa­tion­al­In­juries #Ore­gonWork­er­sComp­Ben­e­fits #OSHA #Per­ma­nent­Ben­e­fits #RehireAf­ter­In­jury #Repet­i­tive­Mo­tion­In­juries #Rights #SocialSe­cu­ri­ty #Tem­po­rary­Ben­e­fits #Ten­nessee­Work­er­sComp #Trans­porta­tion­Work­ers #USDe­part­mentOfLa­bor #Work­er­sComp­Ben­e­fits #Work­er­sCom­p­Claims #Work­er­sCom­pDis­abil­i­ty­Claims #Work­er­sCom­pen­sa­tion­Laws #Work­er­sCom­pRights #Work­In­jury­Terms

#return­towork #work­er­scom­pen­sa­tion #injure­dem­ploy­ees #work­pla­cein­jury #dis­abil­i­ty­ben­e­fits

Illinois Workers Compensation Resources for Injured Workers

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Illi­nois Work­ers Comp Resources. Call Now for a FREE Con­sult with an expe­ri­enced Illi­nois Work­ers Comp Lawyer at 844–682‑0999.

Illinois Workers Compensation Resources for Injured Workers

Work­ers Com­pen­sa­tion Laws for State ofIlli­nois
Statute for Work­ers Comp820 Illi­nois Com­piled Statutes Anno­tat­ed 305/1, et seq.
Work­ers Comp AgencyIlli­nois Work­ers’ Com­pen­sa­tion Commission
Agency AddressILLINOIS
Illi­nois Work­ers’ Com­pen­sa­tion Com­mis­sion
Cook Coun­ty Office Build­ing
69 W. Wash­ing­ton Street, Suite 900
Chica­go, IL 60602
(312) 814‑6611 or (866) 352‑3033
Statute of Limitations2 years from the last pay­ment of com­pen­sa­tion from your job, or 3 years from the date of your injury (whichev­er is longer)
State Law Exemp­tions and Spe­cial RulesDoes­n’t apply to farm­ers, jurors, or real estate bro­kers and sales­peo­ple. Busi­ness own­ers who fail to make pay­ments face fines of $500 per day with a $10,000 min­i­mum fine

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Texas Workers Compensation Resources for Injured Workers

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Texas Work­ers Comp Resources. Call Now for a FREE Con­sult with an expe­ri­enced Texas Work­ers Comp Lawyer at 844–682‑0999.

Texas Workers Compensation Resources for Injured Workers

Work­ers Com­pen­sa­tion Laws for State ofTexas
Statute for Work­ers CompTexas Labor Code Anno­tat­ed § 401.001 et. seq
Work­ers Comp AgencyDepart­ment of Insurance
Agency AddressDepart­ment of Insur­ance
Divi­sion of Work­ers’ Com­pen­sa­tion
7551 Metro Cen­ter Dri­ve, Ste. 100
Austin, TX 78744–1609
*mail­ing address:
P.O. Box 12050
Austin, TX 78711
(512) 804‑4000 or (800) 252‑7031
Statute of Limitations1 year from the date of injury; 1 year from the date the employ­ee knew, or should have known, about an occu­pa­tion­al illness
State Law Exemp­tions and Spe­cial RulesDoes­n’t apply to fed­er­al employ­ees or inde­pen­dent contractors

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Ohio Workers Compensation Resources for Injured Workers

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Ohio Work­ers Comp Resources. Call Now for a FREE Con­sult with an expe­ri­enced Ohio Work­ers Comp Lawyer at 844–682‑0999.

Ohio Workers Compensation Resources for Injured Workers

Work­ers Com­pen­sa­tion Laws for State ofOhio
Statute for Work­ers CompOhio Revised Code §4121.01 et. seq.
Ohio Admin­is­tra­tive Code §4121–01 et. seq.
Work­ers Comp AgencyBureau of Work­ers’ Compensation
Agency AddressBureau of Work­ers’ Com­pen­sa­tion
30 West Spring Street
Colum­bus, OH 43215–2256
(614) 728‑5416 or (800) 644‑6292
Statute of Limitations2 years from the date of injury; 2 years after the dis­abil­i­ty began or 6 months after the ill­ness was diag­nosed for an occu­pa­tion­al dis­ease claim
State Law Exemp­tions and Spe­cial RulesNo exemp­tions, Work­ers’ com­pen­sa­tion insur­ance must be bought from a state fund.

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Pennsylvania Workers Compensation Resources for Injured Workers

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Penn­syl­va­nia Work­ers Comp Resources. Call Now for a FREE Con­sult with an expe­ri­enced Penn­syl­va­nia Work­ers Comp Lawyer at 844–682‑0999.

Pennsylvania Workers Compensation Resources for Injured Workers

Work­ers Com­pen­sa­tion Laws for State ofPenn­syl­va­nia
Statute for Work­ers CompWork­er’s Com­pen­sa­tion Act of June 24, 1996, P.L. 350, No. 57
Work­ers Comp AgencyBureau of Work­ers’ Compensation
Agency AddressBureau of Work­ers’ Com­pen­sa­tion
Depart­ment of Labor and Indus­try
1171 S. Cameron Street, Rm. 324
Har­ris­burg, PA 17104–2501
(717) 783‑5421 or (800) 482‑2383
Statute of Limitations3 years from the date of injury; if ben­e­fits ter­mi­nat­ed, injured work­er has 3 years to seek rein­state­ment; 300 weeks from the date of last expo­sure for occu­pa­tion­al dis­ease claims
State Law Exemp­tions and Spe­cial RulesDoes­n’t cov­er casu­al employ­ees
Inten­tion­al non­com­pli­ance with work­ers’ com­pen­sa­tion laws is a felony that can result in a sen­tence of up to sev­en years.

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New York Workers Compensation Resources for Injured Workers

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New York Work­ers Comp Resources. Call Now for a FREE Con­sult with an expe­ri­enced New York Work­ers Comp Lawyer at 844–682‑0999.

New York Workers Compensation Resources for Injured Workers

Work­ers Com­pen­sa­tion Laws for State ofNew York
Statute for Work­ers CompWork­ers’ Com­pen­sa­tion Law of the State of New York
Work­ers Comp AgencyWork­ers’ Com­pen­sa­tion Board
Agency AddressWork­ers’ Com­pen­sa­tion Board
328 State Street
Sch­enec­tady, NY 12305
*mail­ing address:
P.O. Box 5205
Bing­ham­ton, NY 13902–5205
(518) 462‑8880 or (877) 632‑4996
Statute of Limitations2 years from the date of injury or last pay­ment of com­pen­sa­tion, whichev­er is later
State Law Exemp­tions and Spe­cial RulesDoes­n’t apply to: Any­one engaged in yard work or house­hold chores or mak­ing repairs or paint­ing in and about a one-fam­i­ly own­er-occu­pied res­i­dence, Babysit­ters and minors over the age of 14 engaged in casu­al employ­ment for one fam­i­ly Cler­gy­men, Domes­tic employ­ees work­ing less than 40 hours per week, Employ­ees of munic­i­pal­i­ties and oth­er polit­i­cal sub­di­vi­sions who are not engaged in haz­ardous employ­ment, Long­shore­men and har­bor work­ers, Rail­road employ­ees, Uni­formed san­i­ta­tion work­ers, fire­fight­ers and police offi­cers in the employ­ment of the City of New York. Fail­ure to make work­ers’ com­pen­sa­tion pay­ments can lead to felony charges

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New Jersey Workers Compensation Resources for Injured Workers

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New Jersey Workers Compensation Resources for Injured Workers

Work­ers Com­pen­sa­tion Laws for State ofNew Jer­sey
Statute for Work­ers CompNew Jer­sey Statutes Anno­tat­ed 34:15–1 et seq.
Work­ers Comp AgencyDepart­ment of Labor and Work­force Development
Agency AddressDepart­ment of Labor and Work­force Devel­op­ment
Divi­sion of Work­ers’ Com­pen­sa­tion
P. O. Box 381
Tren­ton, NJ 08625–0381
(609) 292‑2515
Statute of Limitations2 years from the date of injury or last pay­ment of com­pen­sa­tion, whichev­er is later
State Law Exemp­tions and Spe­cial RulesDoes­n’t apply to casu­al work­ers, domes­tic work­ers, employ­ees who are will­ful­ly neg­li­gent, inde­pen­dent con­trac­tors or inmates

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Florida Workers Compensation Resources for Injured Workers

Read­ing Time: 16 min­utes

Flori­da Work­ers Comp Resources. Call Now for a FREE Con­sult with an Expe­ri­enced Flori­da Work­ers Comp Lawyer at 844–682‑0999.

Florida Workers Compensation Resources for Injured Workers

Quick Summary of Resources

Work­ers Com­pen­sa­tion Laws for State ofFlori­da
Statute for Work­ers CompChap­ter 440, Flori­da Statutes, et seq.
Work­ers Comp AgencyDepart­ment of Finan­cial Services
Agency AddressDepart­ment of Finan­cial Ser­vices
Divi­sion of Work­ers’ Com­pen­sa­tion
200 East Gaines Street
Tal­la­has­see, FL 32399–0318
(800) 342‑1741
Statute of Limitations2 years from the date of injury or 1 year after last date of received benefits
State Law Exemp­tions and Spe­cial RulesDoes­n’t apply to: Bands, orches­tras, musi­cal or the­ater per­form­ers and DJs, Casu­al employ­ees, Inde­pen­dent con­trac­tors (exclud­ing con­struc­tion industry)Licensed real estate bro­kers. Some sports offi­cials. Some taxi cab or oth­er vehi­cle for hire operators

List the Benefits available under the Florida Workers Comp Laws 

The ben­e­fits avail­able under the Flori­da work­ers’ com­pen­sa­tion laws include med­ical ben­e­fits, lost wages, voca­tion­al reha­bil­i­ta­tion, death ben­e­fits, and funer­al expens­es. Addi­tion­al­ly, claimants may be eli­gi­ble for addi­tion­al ben­e­fits depend­ing on their spe­cif­ic circumstances.

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People also ask

  • How does work­ers’ com­pen­sa­tion work in Florida? 
    • In the state of Flori­da, work­ers’ com­pen­sa­tion ben­e­fits are pro­vid­ed to employ­ees who suf­fer a job-relat­ed injury or ill­ness. The ben­e­fits are intend­ed to cov­er med­ical expens­es, lost wages, and oth­er costs asso­ci­at­ed with the injury or ill­ness. Employ­ers and employ­ees are both required to pay into the work­ers’ com­pen­sa­tion sys­tem in order for ben­e­fits to be avail­able. Once a claim is filed, the work­ers’ com­pen­sa­tion insur­ance com­pa­ny will review the claim and deter­mine whether to approve or deny ben­e­fits. If the claim is approved, the insur­ance com­pa­ny will pro­vide the employ­ee with ben­e­fits as out­lined by Flori­da law.
  • How do I get work­man’s comp in Florida? 
    • To receive work­ers’ com­pen­sa­tion ben­e­fits in the state of Flori­da, an employ­ee must first file a claim with the employ­er. The employ­ee must pro­vide the employ­er with notice of the injury or ill­ness with­in 30 days of the inci­dent. The employ­ee must also pro­vide the employ­er with proof of the injury or ill­ness, such as med­ical doc­u­men­ta­tion. If the employ­er agrees to the claim, the employ­ee may be eli­gi­ble for work­ers’ com­pen­sa­tion ben­e­fits under Flori­da law.
  • How long can you stay on work­man’s comp in Florida? 
    • The length of time a claimant can receive work­ers’ com­pen­sa­tion ben­e­fits in the state of Flori­da will depend on the sever­i­ty of the injury or ill­ness. Gen­er­al­ly speak­ing, claimants may receive ben­e­fits for up to 104 weeks (2 years). In some cas­es, ben­e­fits may be extend­ed beyond 104 weeks if the claimant is still unable to work due to their injury or illness.
  • Does my employ­er have to hold my job while on work­ers’ comp in Florida? 
    • Yes, under the Flori­da work­ers’ com­pen­sa­tion laws, employ­ers are gen­er­al­ly required to hold an employee’s job for up to twelve weeks while the employ­ee is receiv­ing work­ers’ com­pen­sa­tion ben­e­fits. After twelve weeks, the employ­er is no longer required to hold the employee’s job and may ter­mi­nate the employee’s employment.

What is Florida Workers Comp Lawyers Hotline? 844–682‑0999

Rafael Camps Law Offices1080 Wood­cock Rd Ste 266, Orlan­do, FL 32803
Sad­ow & Gorowitz12550 Bis­cayne Blvd, North Mia­mi, FL 33181
McConnaugh­hay Coon­rod Pope Weaver & Stern1709 Her­mitage Blvd, Tal­la­has­see, FL 32308
Kemp­n­er Law1975 Buford Blvd, Tal­la­has­see, FL 32308
Proc­tor & Kole229 Pinewood Dr, Tal­la­has­see, FL 32303
Stein, Bar­ry A25 SE 2nd Ave, Mia­mi, FL 33131
Har­ris And Riv­iere Attorneys304 S Field­ing Ave, Tam­pa, FL 33606
Levin Papan­to­nio Rafferty316 S Baylen St, Pen­saco­la, FL 32502
Jax Legal4004 Atlantic Blvd, Jack­sonville, FL 32207
Dice­sare David­son & Barker5640 S Flori­da Ave, Lake­land, FL 33813
Ran­dolph J F Potter 5981 NW 125th Ave, Coral Springs, FL 33076
Mann Employ­ers Legal Group6981 Cur­tiss Ave Ste 1, Sara­so­ta, FL 34231
Coye Law Firm730 Vas­sar Street, #300, Orlan­do, FL 32804
Dean Ringers Mor­gan & Lawton201 East Pine St Suite 1200, Orlan­do, FL 32801

Have You’ve Been Injured on the Job?

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What is the Value of Loss of Body Parts in Florida

Can one imag­ine if some­one can put a val­ue on a body part due to work relat­ed injury? Because how the work­ers’ comp laws are set­up in var­i­ous states, the answer is YES ! For any­one with a trau­mat­ic injury, due to no fault of theirs, is sim­ply beyond com­pre­hen­sion and imagination.

Florida Workers Compensation Resources for Injured Workers

How Much Are Body Parts Worth with Workers’ Comp in Florida?

Each state has legal­ly set­up a mech­a­nism to deter­mine the val­ue for body part due to work acci­dent injuries. Flori­da does not have a set sched­ule as many oth­er states do. How­ev­er, that does not deter the legal process to arrive at a val­ue for loss of body part or the impairment. 

Worker Comp Lawyer and Lump-sum Settlement of Bodily Injury

An expe­ri­enced Flori­da Work­ers’ Com­pen­sa­tion Lawyer can help estab­lish your work injury and with expert med­ical reports, the relat­ed impair­ment. This can lead to a bet­ter lump-sum set­tle­ment. Fol­low­ing is a table that can be con­sid­ered as a gen­er­al val­ue for cal­cu­lat­ing work­ers’ comp settlements:

Body PartFlori­daUS Aver­age
Arm$186,293$169,878
Leg$110,513$153,221
Hand$163,559$144,930
Thumb$42,311$42,432
Index Fin­ger$14,525$24,474
Mid­dle Finger$14,525$20,996
Ring Fin­ger$6,315$14,660
Pinky$6,315$11,343
Foot$65,045$91,779
Big Toe$6,315$23,436
Eye$49,889$96,700
EarNot Avail­able$38,050
Tes­ti­cleNot Avail­able$27,678

NOTE: The above is based on 2015 val­ues and is give an out­line of how val­ues com­pare and not meant to be spe­cif­ic legal advice. Your cir­cum­stances and facts may be dif­fer­ent and an expe­ri­enced Flori­da Work­ers Comp Lawyer can help you with your work relat­ed injury. 

Have You’ve Been Injured on the Job?

No Obligation — Confidential — FREE CONSULT

844–682‑0999

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Florida Guidelines and for Injured Workers and Duties

If You have an Accident or are Injured on the Job in Florida, You MUST:

  1. Tell your employ­er you have been injured, as soon as pos­si­ble. The law requires that you report the acci­dent or your knowl­edge of a job-relat­ed injury with­in 30 days of your knowl­edge of the acci­dent or injury.
  2. When you do so, you must ask your employ­er what doc­tor you can see. You must see a doc­tor autho­rized by your employ­er or the insur­ance company.
  3. Your employ­er may tell you to call the insur­ance com­pa­ny han­dling your claim; the name and phone num­ber should be on the “Bro­ken Arm” poster that should be post­ed at your workplace.
  4. If it is an emer­gency and your employ­er is not avail­able to tell you where to go for treat­ment, go to the near­est emer­gency room and let your employ­er know as soon as pos­si­ble what has happened.
  5. Your employ­er is required by law to report your injury to the insur­ance com­pa­ny with­in 7 days of when you report your acci­dent or injury. Fla. Stat. § 440.185(1).
    • Obtain a copy of your acci­dent report or first notice of injury from your employer. 
    • If they do not do this, and they do not give you a phone num­ber for the insur­ance com­pa­ny to call, you can call the Flori­da Work­ers’ Com­pen­sa­tion (WC) hot­line for assis­tance at 1–800-342‑1741.
  6. After you or your employ­er report the injury to the insur­ance com­pa­ny, many com­pa­nies will have an insur­ance claim adjuster call you with­in 24 hours to explain your rights and oblig­a­tions. Ask your insur­ance carrier/adjuster for your claim number.
  7. If you receive a mes­sage and a num­ber to call, you should call as soon as pos­si­ble to find out what you need to do to get med­ical treatment.
  8. With­in 3–5 busi­ness days after you or your employ­er report the acci­dent, you should receive an infor­ma­tion­al brochure explain­ing your rights and oblig­a­tions, and a Noti­fi­ca­tion Let­ter explain­ing the ser­vices pro­vid­ed by the Employ­ee Assis­tance Office of the Divi­sion of Work­ers’ Com­pen­sa­tion. These forms may be part of a pack­et which may include some or all of the following: 
    • A copy of your acci­dent report or “First Report of Injury or Ill­ness,” which you should read to make sure it is correct;
    • A fraud state­ment, which you must read, sign and return as soon as pos­si­ble, or ben­e­fits may be tem­porar­i­ly with­held until you do so;
    • A release of med­ical records for you to sign and return; and
    • Med­ical mileage reim­burse­ment forms that you should fill out, after seek­ing med­ical treat­ment, and send to your claims adjuster for reimbursement.
  9. If you do not receive a call or the infor­ma­tion pack­et from the insur­ance com­pa­ny, you can call the Flori­da WC hot­line for assis­tance at 1–800-342‑1741.

Source: Flori­da Work­ers’ Com­pen­sa­tion Sys­tem Guide — August 2011

What are the Guidelines to When You see the Florida Approved Worker Comp Doctor?

  1. Give the doc­tor a full descrip­tion of the acci­dent or how you were injured.
  2. Answer all ques­tions the doc­tor might have about any past or cur­rent med­ical con­di­tions or injuries.
  3. Dis­cuss with the doc­tor if the injury is relat­ed to work or not.
  4. If relat­ed to work, find out if you can work or not.
  5. If you are released to work but can’t return to your same job, you should get instruc­tions from the doc­tor on what work you can and can­not do.
  6. Keep and attend all appoint­ments with your doc­tor, or ben­e­fits may be suspended.

Source: Flori­da Work­ers’ Com­pen­sa­tion Sys­tem Guide — August 2011

What are the Duties and Guidelines After seeing the Workers Comp Doctor?

  1. Speak with your employ­er as soon as you leave the doc­tor. Explain to them what work the doc­tor said you can and can­not do.
  2. If you are admit­ted to a hos­pi­tal, call or have some­one call your employ­er for you to explain what hap­pened and where you are.
  3. Give your employ­er the doctor’s note as soon as possible.
  4. Ask your employ­er if they have work for you to return to that does not require you to do things the doc­tor said you can­not do yet. 
    • If yes, ask when you should report for work.
    • If not, make sure your employ­er has a way to con­tact you if appro­pri­ate work becomes available.
  5. Con­tact the insur­ance com­pa­ny and let them know what the doc­tor said about your injuries and work status.
  6. You should con­tin­ue to stay in con­tact with your employ­er and the insur­ance com­pa­ny through­out your treat­ment and recovery.

Source: Flori­da Work­ers’ Com­pen­sa­tion Sys­tem Guide — August 2011

What are the Florida Injured Workers Comp Benefits you may receive?

  1. Mon­ey you may be enti­tled to: 
    • Indem­ni­ty Ben­e­fits: If you are unable to work for more than 7 days, you should receive mon­ey to part­ly replace what you were not able to earn after your accident.
    • Tem­po­rary Total Dis­abil­i­ty (TTD) — Can­not Work If you can return to work, but you can­not earn the same wages you earned at the time you were hurt:
    • You will receive mon­ey equal­ing 80% of the dif­fer­ence between 80% of what you earned before your injury and what you are able to earn after your injury. Example: 
      • Your aver­age week­ly wage: $320 (Earn­ings before injury) X .80 = $256
      • Your week­ly earn­ing after injury: -$150 $106 $106 X .80 = $84.80 Week­ly tem­po­rary par­tial dis­abil­i­ty ben­e­fit: $84.80
    • Tem­po­rary Par­tial Dis­abil­i­ty (TPD) — Released To Restrict­ed Duty
      • Once your doc­tor says you are at Max­i­mum Med­ical Improve­ment, you are as good as he or she expects you to get. At this point your doc­tor should eval­u­ate you for: 
        • Pos­si­ble per­ma­nent work restric­tions and,
        • A per­ma­nent impair­ment rat­ing. If you receive a per­ma­nent impair­ment rat­ing, you will receive mon­ey based on that rating.
    • You can receive up to a total of 104 weeks of tem­po­rary total dis­abil­i­ty and/or tem­po­rary par­tial disability.
    • Death Ben­e­fits
      • If a work-relat­ed death occurs with­in one year of the date of acci­dent or five years of con­tin­u­ous dis­abil­i­ty, the fol­low­ing ben­e­fits may be due and payable up to a max­i­mum of $150,000:
      • Funer­al expens­es up to $7,500
      • Com­pen­sa­tion to depen­dents, as defined by law
      • Edu­ca­tion­al ben­e­fits to the sur­viv­ing spouse
  2. Med­ical treatment: 
    • Your employ­er is respon­si­ble for pro­vid­ing med­ical treat­ment, this includes the following: 
      • doctor’s vis­it
      • hos­pi­tal­iza­tion
      • phys­i­cal therapy
      • med­ical tests
      • pre­scrip­tion drugs
      • pros­the­ses
      • atten­dant care
      • Mileage reim­burse­ment for trav­el to and from your autho­rized doc­tor and the pharmacy.
    • Do not go on your own to your pri­vate doc­tor for treat­ment. The insur­ance com­pa­ny must autho­rize the doc­tor who is to treat you.
    • Do not skip appoint­ments. This may cause your ben­e­fits to stop.
    • If you do not get a doctor’s name from the insur­ance com­pa­ny, you should con­tact your adjuster and ask for a doctor.
  3. Voca­tion­al reha­bil­i­ta­tion assis­tance you may receive:
  4. If you are unable to return to your job because of per­ma­nent work restric­tions result­ing from your on-the-job injury, you may obtain assis­tance from the Work­ers’ Com­pen­sa­tion Voca­tion­al Reha­bil­i­ta­tion Sec­tion of the Flori­da Depart­ment of Edu­ca­tion at the fol­low­ing web site or phone numbers: 
    • https://www.rehabworks.org/
    • Tele­phone: (850) 245‑3470

Source: Flori­da Work­ers’ Com­pen­sa­tion Sys­tem Guide — August 2011

Do I have to pay any of my medical bills? 

No, all autho­rized med­ical bills should be sub­mit­ted by the med­ical provider to your employ­er’s insur­ance com­pa­ny for payment.

  • Ref­er­ence: Sec­tion 440.13(13), Flori­da Statutes

If You Dispute Your Insurance Company Adjuster for Lack of Cooperation in Getting Your Medical Bills Paid, Your Treatment, Your Wages and Benefits, You Must Call an Experienced Florida Lawyer

Have You’ve Been Injured on the Job?

No Obligation — Confidential — FREE CONSULT

844–682‑0999

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What are the Employee Obligations and Duties under the Florida Workers Compensation Laws?

Flori­da Employ­ee Work­ers’ Com­pen­sa­tion Crim­i­nal Vio­la­tions. The fol­low­ing are crim­i­nal vio­la­tions of s. 440.105, F.S., that con­sti­tute a felony of the first, sec­ond or third degree depend­ing on the mon­e­tary val­ue of the fraud as pro­vid­ed in s. 775.082, s. 775.083, or s. 775.084, F.S.:

  • Fil­ing a false claim of on-the-job injuries or exag­ger­at­ing injuries.
  • An injured employ­ee or any par­ty mak­ing a claim of an on-the-job injury will be required to pro­vide his or her per­son­al sig­na­ture attest­ing that he or she has reviewed, under­stands, and acknowl­edges the fol­low­ing statement: 
    • “Any per­son who, know­ing­ly and with intent to injure, defraud, or deceive any employ­er or employ­ee, insur­ance com­pa­ny, or self-insured pro­gram, files a state­ment of claim con­tain­ing any false or mis­lead­ing infor­ma­tion com­mits insur­ance fraud, pun­ish­able as pro­vid­ed in s. 817.234.”
    • If the injured employ­ee or par­ty refus­es to sign the doc­u­ment, ben­e­fits or pay­ments shall be sus­pend­ed until such sig­na­ture is obtained.

Source: Flori­da Work­ers’ Com­pen­sa­tion Sys­tem Guide — August 2011

What are Employer Obligations and Requirements for Worker Comp under Florida Law?

  • Non-con­struc­tion employ­ers are required to have work­ers’ com­pen­sa­tion insur­ance if they employ 4 or more employees. 
  • Con­struc­tion employ­ers are required to have work­ers’ com­pen­sa­tion insur­ance if they employ 1 or more employ­ees. Applic­a­ble statute: Fla. Stat. §440.02(17)(b)2.
  • Your employ­er must fur­nish you with med­ical­ly nec­es­sary reme­di­al treat­ment, care, and atten­dance for such peri­od as the nature of the injury or the process of recov­ery may require. Applic­a­ble statute: Fla. Stat. §440.13(2)(a).
  • If your employ­er fails to pur­chase work­ers’ com­pen­sa­tion insur­ance and was required to do so by law, you may elect to bring suit against your employ­er to pro­vide you with work­ers’ com­pen­sa­tion ben­e­fits under Florida’s work­ers’ com­pen­sa­tion law or to main­tain an action at law for dam­ages. Applic­a­ble statute: Fla. Stat. §440.11(1)(a).

When should my employer report the injury to their insurance company? 

Your employ­er should report the injury as soon as pos­si­ble, but no lat­er than sev­en (7) days after their knowl­edge. The insur­ance com­pa­ny must send you an infor­ma­tion­al brochure with­in three (3) days after receiv­ing notice from your employ­er. The brochure will explain your rights and respon­si­bil­i­ties, as well as pro­vide addi­tion­al infor­ma­tion about the work­ers’ com­pen­sa­tion law. 

  • Ref­er­ence: Sec­tion 440.185, Flori­da Statutes

My employer will not report my injury to the insurance company. What can I do? 

You have the right to report the injury to their insur­ance com­pa­ny. How­ev­er, if you need assis­tance, con­tact the Employ­ee Assis­tance Office (EAO) at (800) 342‑1741 or e‑mail wceao@myfloridacfo.com

  • Ref­er­ence: Sec­tion 440.185, Flori­da Statutes

Florida Workers Compensation Facts and FAQ

What is the most common workers’ comp injury in Florida ? 

The most com­mon work­ers’ com­pen­sa­tion injury in the state of Flori­da is a strain or sprain, which accounts for near­ly 40% of all work­ers’ com­pen­sa­tion claims. Oth­er com­mon work­ers’ com­pen­sa­tion injuries in Flori­da include cuts, frac­tures, and repet­i­tive stress injuries.

Accord­ing to the Flori­da Office of Insur­ance Reg­u­la­tion, there were over 25,000 work­ers’ com­pen­sa­tion claims in the state of Flori­da for strains and sprains in 2021.

The Flori­da Office of Insur­ance Reg­u­la­tion reports that there were over 10,000 work­ers’ com­pen­sa­tion claims in the state of Flori­da for cuts in 2021.

Accord­ing to the Flori­da Office of Insur­ance Reg­u­la­tion, there were over 8,000 work­ers’ com­pen­sa­tion claims in the state of Flori­da for frac­tures in 2021.

The Flori­da Office of Insur­ance Reg­u­la­tion reports that there were over 8,000 work­ers’ com­pen­sa­tion claims in the state of Flori­da for repet­i­tive stress injuries in 2021.

Which Type of Industry had the highest number of Workers Comp Injuries in Florida? 

Accord­ing to the Flori­da Office of Insur­ance Reg­u­la­tion, the indus­try with the high­est num­ber of work­ers’ com­pen­sa­tion claims in the state of Flori­da is con­struc­tion, with over 8,000 claims in 2021. Oth­er indus­tries with high num­bers of work­ers’ com­pen­sa­tion claims in Flori­da include retail, man­u­fac­tur­ing, and transportation.

What was the Largest Award for Workers Compensation in Florida ?

In 2007, a court award­ed a claimant over $1.7 mil­lion dol­lars in work­ers’ com­pen­sa­tion ben­e­fits in the state of Florida.

Accord­ing to the Flori­da Depart­ment of Finan­cial Ser­vices, the largest award for work­ers’ com­pen­sa­tion in the state of Flori­da was in 2007, when a court award­ed a claimant over $1.7 mil­lion dol­lars in ben­e­fits. The claimant had suf­fered a dis­abling injury while work­ing for a roof­ing com­pa­ny. The injury was severe enough to require mul­ti­ple surg­eries and a lengthy peri­od of recov­ery. The court found that the claimant was unable to return to his job and was unable to find oth­er suit­able employ­ment as a result of his injury. As such, the court award­ed the claimant the full amount of ben­e­fits he was enti­tled to under Flori­da law.

List top 10 counties of Florida by Workers Comp Awards in 2021 

The top 10 coun­ties in Flori­da with the high­est amount of work­ers’ com­pen­sa­tion awards in 2021, in order, are Mia­mi-Dade, Broward, Duval, Orange, Palm Beach, Hills­bor­ough, Pinel­las, Polk, Lee, and Collier.

What are top 10 Injuries in Miami-Dade County for Workers Comp? 

The top 10 injuries in Mia­mi-Dade Coun­ty, Flori­da for work­ers’ com­pen­sa­tion in 2021, in order, are strains and sprains, cuts, frac­tures, repet­i­tive stress injuries, con­tu­sions and abra­sions, burns, lac­er­a­tions, inter­nal injuries, sprains, and dislocations.

What is the highest Award for an Injury in Miami-Dade County for 2021 for Workers Comp ?

Accord­ing to the Flori­da Office of Insur­ance Reg­u­la­tion, the high­est award for work­ers Comp injury in Mia­mi-Dade Coun­ty, Flori­da for work­ers’ com­pen­sa­tion in 2021 was $1,619,912. The claimant had suf­fered a severe back injury that required mul­ti­ple surg­eries and a lengthy peri­od of recov­ery. The court found that the claimant was unable to return to his job and was unable to find oth­er suit­able employ­ment as a result of his injury. As such, the court award­ed the claimant the full amount of ben­e­fits he was enti­tled to under Flori­da law.

How many Insurance companies for Workers Comp licensed in Florida ? 

There are over 350 insur­ance com­pa­nies that are licensed to pro­vide work­ers’ com­pen­sa­tion insur­ance in the state of Flori­da. The Flori­da Office of Insur­ance Reg­u­la­tion web­site con­tains a list of all the insur­ance com­pa­nies that are licensed to pro­vide work­ers’ com­pen­sa­tion insur­ance in the State of Florida.

Have You’ve Been Injured on the Job?

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844–682‑0999

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Florida Medical Related Questions for Workers Comp

Is the Drug test mandatory for Workers Comp in Florida ? 

Yes, in cer­tain cas­es, employ­ers may require employ­ees to under­go drug test­ing as part of the work­ers’ com­pen­sa­tion process in the state of Flori­da. Specif­i­cal­ly, employ­ers may require drug test­ing for claimants who suf­fer an injury that result­ed from intox­i­ca­tion, an injury for which the claimant was not wear­ing appro­pri­ate safe­ty gear, or an injury that is not con­sis­tent with the descrip­tion of the acci­dent giv­en by the claimant. Addi­tion­al­ly, employ­ers may require drug test­ing for claimants who are sus­pect­ed of fraud or exag­ger­at­ing the extent of their injuries.

How many Physicians approved by Florida Workers Comp ? 

The Flori­da Divi­sion of Work­ers’ Com­pen­sa­tion lists over 5000 physi­cians that are approved to pro­vide med­ical care to work­ers’ com­pen­sa­tion claimants in the state of Florida. 

What are the Top 10 major Physician types Approved for Workers Comp in Florida? 

The top 10 major physi­cian types approved for work­ers’ com­pen­sa­tion in the state of Flori­da, in order, are sur­geons, anes­the­si­ol­o­gists, ortho­pe­dists, neu­rol­o­gists, psy­chi­a­trists, internists, fam­i­ly prac­tice physi­cians, phys­i­cal ther­a­pists, chi­ro­prac­tors, and radiologists.

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Florida Employment Related Questions for Workers Comp

How is Florida Workers’ Compensation Verification performed? 

In the state of Flori­da, employ­ers are required to report all work-relat­ed injuries and ill­ness­es to the Divi­sion of Work­ers’ Com­pen­sa­tion. Employ­ers must pro­vide the divi­sion with the employee’s name, social secu­ri­ty num­ber, date of injury, and a descrip­tion of the injury. The divi­sion then ver­i­fies the infor­ma­tion and con­firms that the employ­ee is eli­gi­ble for work­ers’ com­pen­sa­tion ben­e­fits. The divi­sion also mon­i­tors the employer’s com­pli­ance with the work­ers’ com­pen­sa­tion laws. 

Can You be Fired while on Workers Comp in Florida? 

Yes, it is pos­si­ble to be fired while on work­ers’ com­pen­sa­tion in the state of Flori­da. How­ev­er, it is impor­tant to note that employ­ers are pro­hib­it­ed from ter­mi­nat­ing employ­ees sole­ly because they are receiv­ing work­ers’ com­pen­sa­tion ben­e­fits. Addi­tion­al­ly, employ­ees who are ter­mi­nat­ed while receiv­ing work­ers’ com­pen­sa­tion ben­e­fits may be eli­gi­ble for cer­tain pro­tec­tions under the law.

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Legal Process of Florida Workers Compensation Laws

How long does it take to get Your case Settled in Florida for Workers Comp ? 

The length of time it takes for a work­ers’ com­pen­sa­tion case to be resolved in the state of Flori­da can vary great­ly depend­ing on the com­plex­i­ty of the case and the amount of evi­dence that needs to be reviewed. Gen­er­al­ly speak­ing, the process can take any­where from a few months to sev­er­al years.

List 10 reasons why you need a Lawyer to represent Your Case for Workers Comp in Florida? 

  1. A lawyer can assist with the fil­ing of your work­ers’ com­pen­sa­tion claim. 
  2. A lawyer can advise you of your rights and respon­si­bil­i­ties under Flori­da law. 
  3. A lawyer can help you nav­i­gate the com­plex legal sys­tem and ensure that all legal dead­lines are met.
  4. A lawyer can help you obtain nec­es­sary med­ical doc­u­men­ta­tion to sup­port your claim.
  5. A lawyer can rep­re­sent you in nego­ti­a­tions with insur­ance companies.
  6. A lawyer can help you under­stand the var­i­ous forms that must be filed dur­ing the work­ers’ com­pen­sa­tion process.
  7. A lawyer can help you under­stand the var­i­ous laws and reg­u­la­tions gov­ern­ing work­ers compensation.
  8. A lawyer can help you under­stand the appeals process in the event of a denied claim.
  9. A lawyer can ensure that your rights are pro­tect­ed through­out the claims process.
  10. A lawyer can rep­re­sent you in court if necessary.

List all the forms needed to file a workers’ comp case in Florida 

1. Employer’s First Report of Injury or Ill­ness Form (DWC‑1) 2. Claim for Ben­e­fits Form (DWC‑2) 3. Employer’s Request for Hear­ing Form (DWC‑3) 4. Employee’s Request for Hear­ing Form (DWC‑4) 5. Notice of Change of Address Form (DWC‑5) 6. Med­ical Autho­riza­tion Form (DWC‑6) 7. Notice of Clo­sure of Claim Form (DWC‑7) 8. Notice of Set­tle­ment Form (DWC‑8) 9. Claimant’s Request for Review Form (DWC‑9) 10. Notice of Denial of Ben­e­fits Form (DWC-10)

How many cases were Denied Workers Comp Benefits in 2021 for Florida? 

Accord­ing to the Flori­da Office of Insur­ance Reg­u­la­tion, there were over 4,000 work­ers’ com­pen­sa­tion claims in the state of Flori­da that were denied ben­e­fits in 2021. The types of injuries that were most com­mon­ly denied work­ers’ com­pen­sa­tion ben­e­fits in the state of Flori­da in 2021 includ­ed strains and sprains, frac­tures, cuts, con­tu­sions and abra­sions, burns, lac­er­a­tions, inter­nal injuries, sprains, and dislocations.

How long do I have to sue for Work Related Injuries in Florida? 

In the state of Flori­da, claimants have two years from the date of their injury to file a law­suit for a work-relat­ed injury. If the claim is not filed with­in two years, the claimant may be barred from bring­ing a lawsuit.

What top 10 types of Issues are not covered by Florida Workers Compensation Laws? 

  1. Inten­tion­al injuries caused by the employer.
  2. Self-inflict­ed injuries.
  3. Injuries caused by the employee’s intoxication.
  4. Injuries result­ing from the employee’s will­ful refusal to use safe­ty devices.
  5. Injuries result­ing from horseplay.
  6. Injuries result­ing from vio­la­tions of com­pa­ny policy.
  7. Injuries result­ing from the employee’s fail­ure to fol­low safe­ty instructions.
  8. Injuries result­ing from the employee’s gross negligence.
  9. Injuries result­ing from the employee’s crim­i­nal activity. 
  10. Injuries result­ing from the employee’s fail­ure to fol­low med­ical advice.

How Can I Qualify for Workers’ Compensation in Florida? 

To qual­i­fy for work­ers’ com­pen­sa­tion in the state of Flori­da, an employ­ee must have suf­fered an injury or ill­ness that arose out of and in the course of employ­ment. The employ­ee must also pro­vide the employ­er with notice of the injury or ill­ness with­in 30 days of the inci­dent. Addi­tion­al­ly, the employ­ee must pro­vide the employ­er with proof of the injury or ill­ness, such as med­ical doc­u­men­ta­tion. If all of these require­ments are met, the employ­ee may be eli­gi­ble for work­ers’ com­pen­sa­tion ben­e­fits under Flori­da law.

Will I Be Paid If I Lose Time from Work in Florida? 

Yes, employ­ees who lose time from work due to a work-relat­ed injury or ill­ness in the state of Flori­da may be eli­gi­ble for tem­po­rary dis­abil­i­ty ben­e­fits. These ben­e­fits are intend­ed to par­tial­ly replace lost wages while the employ­ee is unable to work. The amount of these ben­e­fits will vary depend­ing on the type and sever­i­ty of the injury or illness.

Do I have to pay income tax on Workers Comp money? 

No. How­ev­er, if you go back to work on light or lim­it­ed duty and are still under the care of the autho­rized doc­tor, you will pay tax­es on any wages earned while work­ing. For addi­tion­al infor­ma­tion on Income Tax, you may want to vis­it the Inter­nal Rev­enue Ser­vice web­site at: www.irs.gov

What is the Limit of Temporary Total Disability in Florida?

West­phal v. City of St. Peters­burg. In Sep­tem­ber 2013, on rehear­ing en banc, the First Dis­trict Court of Appeal with­drew a pan­el deci­sion in which the court declared the 104-week statu­to­ry cap on tem­po­rary total dis­abil­i­ty (TTD) ben­e­fits uncon­sti­tu­tion­al and revived pri­or law allow­ing up to 260 weeks of TTD ben­e­fits. The court held that “a work­er who is total­ly dis­abled as a result of a work­place acci­dent and remains total­ly dis­abled by the end of his or her eli­gi­bil­i­ty for tem­po­rary total dis­abil­i­ty ben­e­fits is deemed to be at max­i­mum med­ical improve­ment (MMI) by oper­a­tion of law and is there­fore eli­gi­ble to assert a claim for per­ma­nent and total dis­abil­i­ty ben­e­fits.” In this case, the claimant exhaust­ed TTD ben­e­fits with­out hav­ing reached MMI, cre­at­ing a “gap” peri­od where the injured claimant would no longer receive ben­e­fits, but also not be at MMI for pur­pos­es of receiv­ing per­ma­nent dis­abil­i­ty ben­e­fits. In its opin­ion, the en banc court cer­ti­fied this case to the Flori­da Supreme Court for review. The Supreme Court accept­ed juris­dic­tion over the case on Decem­ber 9, 2013, and held oral argu­ments on June 5, 2014. On June 9, 2016, the Flori­da Supreme Court found the 104-week statu­to­ry lim­i­ta­tion on tem­po­rary total dis­abil­i­ty ben­e­fits in sec­tion 440.15(2)(a), F.S., uncon­sti­tu­tion­al because it caus­es a statu­to­ry gap in ben­e­fits in vio­la­tion of an injured worker’s con­sti­tu­tion­al right of access to courts. The Supreme Court rein­stat­ed the 260-week lim­i­ta­tion in effect pri­or to the 1994 law change.

Source: https://www.floir.com/siteDocuments/2020WorkersCompensationAnnualReport.pdf

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