In America, many workers are protected under a type of insurance called workers’ compensation. These benefits provide protection if you’re injured on the job. While every state’s workers’ comp laws vary, it’s important to understand the ins and outs of this beneficial tool just in case you ever need it.
What is Workers’ Compensation?
Workers’ compensation, also called workman’s comp or workers’ comp, is a form of insurance that compensates employees who are injured on the job or develop a work-related sickness. Every state has its own criteria for eligibility, which includes rules for the employer and employee to qualify. In Florida, any business that has more than four employees must carry workers’ comp coverage. As an employee, it’s important to research your state’s workers’ compensation laws so you can be prepared should you ever find yourself in the unfortunate circumstance of being injured at work.
What Does Workers’ Compensation Cover?
While workers’ comp is an excellent tool for protecting employees, there is a limited timeframe for you to start the claims process. Generally, you’ll only have between 14 and 30 days to begin pursuing a claim, so it’s not something you want to put off. Once filed, the insurance carrier handling the claim will determine whether to deny or approve it. Workers’ comp insurance covers numerous items, including:
- Medical expenses
- Healthcare costs
- Funeral expenses
- Lost wages
- Disability pay
- Educational retraining
Filing a workers’ compensation claim can ease the financial burden of a workplace injury, allowing you to focus on healing.
Do All Companies Carry Workers’ Compensation?
Businesses are required by law to carry workers’ compensation insurance in 49 out of 50 states. In Florida, companies that don’t obtain workers’ compensation coverage could receive a stop-work notice until they can prove compliance. Additionally, they may face fines of twice the annual premium of their coverage for two years. There are certain workers that Florida law may exclude from obtaining workers’ comp coverage, these include:
- Volunteers
- Real estate brokers
- Part-time employees
- Independent contractors
- Certain vehicle-for-hire drivers
- Theater and musical entertainers
- Certain sports officials
If a company doesn’t qualify for an exclusion they could face strict fines and penalties for non-compliance. Businesses can also face penalties if they try to avoid purchasing workers’ compensation insurance. For example, if they provide misrepresentative information about job types or their employee headcount, they could receive sanctions and fines. Since the penalties are so severe, most companies purchase the correct coverage; however, it’s always a good idea to check with your employer to ensure they’re workers’ compensation insurance is valid.
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How to Claim Workers’ Compensation Benefits
While the claims process for workers’ compensation varies by state, there are general guidelines you should follow.
Report your injury
If you’re injured while on the job, the first thing you should do once you’ve received medical treatment is to get into contact with your employer and the workers’ comp insurance carrier. For those in Florida, you’ll also want to fill out a DWC-1 or First Report of Injury or Illness form and send it to your carrier as soon as possible.
Thoroughly document your injury
When it comes to filing any insurance claim, the more information you can provide, the better. You’ll want to write down as many details as possible, including where the injury happened and the time of the incident. Be sure to include any eyewitnesses, and, if you can, take pictures of the scene. Proper documentation can help protect you against a denial and provide the carrier with much-needed details about the incident. Don’t be afraid to go overboard; it’s better to have too much information than too little.
File your Petition for Benefits
In Florida, if you feel you haven’t received the full amount of compensation you’re due by the insurance carrier or your employer, you can file a Petition for Benefits. You must do this at the Office of Judges of Compensation Claims, and you can find the form here.
Understand the statute of limitations
As we’ve already mentioned, every state’s workers’ compensation laws differ, so it’s important to check and see what the statute of limitations is in your area. In Florida and North Carolina, you must file your claim within two years of the date of your injury.
For more information on whether you qualify for workers’ compensation, how to file a claim, or for general help, contact the WC hotline at 1.800.342.1742. It’s also a great idea to hire an attorney to help you through the complicated filing process.
Should I Hire an Attorney?
When it comes to understanding workers’ compensation, most people find the legal process overwhelming and confusing. Unfortunately, many insurance carriers only care about their bottom line, so getting them to pay you what you’re entitled to can be challenging. Workers’ compensation lawyers have experience navigating the complicated compensation procedure and aren’t afraid to stand up to the insurance companies. What can a workers’ compensation attorney do for you?
- Handle all the paperwork – Workers compensation claims come with a lot of paperwork, and your lawyer will ensure they’re completed and filed correctly.
- Navigate the claims process – Your lawyer will walk you through the claims process, including filing third-party claims and providing the best strategies for getting the compensation you deserve.
- Collect evidence – Workers’ comp attorneys compile and submit evidence and documentation to support your claim.
- Negotiate – They’ll negotiate with the insurance company and employers to receive a fair settlement.
- Prove your eligibility – Additionally, your attorney can help prove your social security disability eligibility.
Hiring a workers’ compensation lawyer can mean the difference between approval and denial of your claim. At Keller Swan, we’re committed to helping you get the compensation you deserve. Our experienced team isn’t afraid to go up against the big insurance companies and fight for you. If you’ve been injured on the job, don’t wait; call the most trusted personal injury attorneys – your advocate, your ally, your Keller Swan.