When we first meet with a new client, it’s always interesting to learn what they think they know about Florida workers’ comp law. The same is true about the inquiries we receive through our website. It’s a shame so many people trust what they read online and on social media.
Our workers’ compensation attorneys in Orlando have met with people who would rather take the advice of a stranger online than meet with an actual Orlando injury lawyer. You don’t want to make this same mistake. If you don’t know what the law is, then how can you know how it applied to your claim?
Our workers’ compensation attorneys in Orlando have decades of combined experience handling these cases. In fact, we have an entire team of lawyers who specialize in this type of law. That’s the kind of person you want to handle your case.
Here, we will dispel some of the more common myths and misconceptions about how workers comp works in Florida. If you still have questions or concerns about your own claim, feel free to give us a call. We do offer new clients a free, initial consultation so you don’t really have anything to lose.
Myth: All Workers Are Eligible for Florida Workers’ Comp
One common misconception is that all employees in Florida are entitled to workers’ compensation benefits. We have talked to clients who were under the assumption that employers are legally required to pay benefits whenever a worker gets injured on the job.
For the most part, this is almost true. People who work in certain industries are, generally, eligible to file for workers’ compensation benefits. However, as our workers’ compensation attorneys in Orlando know, there are certain groups who are not eligible for these benefits.
These include the following:
- Seasonal and casual workers
- Federal employees
- Railroad workers
- Some agricultural workers (depending on the number of employees)
- Independent contractors
- Temporary workers
- Domestic workers
If you happen to fall into one of these categories, then you will not be able to file a worker’s compensation claim.
Myth: Being Out on Workers’ Compensation Is Like Being on an Extended Vacation
One of the biggest myths about workers comp is that it is like being on a long vacation. A lot of our clients think that all they’ll have to do while on workers comp is sit on the couch and watch reality television. This is not true. If you are out on workers’ compensation, you are expected to commit to getting better.
However, just know that you’ll be expected to attend your doctor’s appointments, physical therapy, and any other scheduled appointments. If you don’t cooperate with your doctor’s treatment plan, your benefits will be terminated.
Myth: You Can Make More Money on Workers’ Comp Than if You Were Working
Not only is this patently untrue, but, in the real world, the opposite is true. While out on workers comp, you will only receive 2/3 of your average weekly wages. There is also a limit on how much you can receive per week. For example, in Florida, the most you can receive in any given week is $1,011. This means that anybody who normally earns more than $1,516 per week will lose money while out on workers comp.
Your Orland Injury Lawyer Can Always Sue Your Employer for Additional Damages
You may be surprised (and unhappy) to hear this, but your only avenue of redress against your employer is workers compensation. You are not allowed to sue your employer for damages in a civil lawsuit. There are a few exceptions to this rule. However, for the most part, unless your Orlando injury lawyer can show intent on the part of your employer, you are limited to receiving workers’ compensation benefits.
Unless you meet one of the exceptions outlined in Florida’s workers’ compensation laws, you cannot sue your employer for things like emotional distress or pain and suffering. A lot of our clients are not happy to learn this.
Understandably, they think it’s unfair that they only receive medical care and reduced weekly benefits while out on workers comp. Had they sued their employer directly, they would be entitled to all sorts of damages.
If You Want to Know the Truth, Meet With an Experienced Workers’ Compensation Attorney in Orlando
It’s one thing to ask friends and family what they would do if they got hurt at work. It is quite another to talk to an actual workers’ compensation attorney in Orlando. One thing we always caution our clients about is taking everything they read online as gospel. Sometimes, people may consider themselves an expert in the law but have no real idea of how the law works.
If you have been hurt at work, then you owe it to yourself to talk to one of our experienced Florida workers’ comp lawyers. Our associates have decades of combined experience handling workers’ compensation cases. We know how to deal with insurance companies. We are also prepared to take your case to court if need be. While this is always the last resort, we try to do everything in our power to help our clients.
We can set up a date and time for you to come into the office and meet with a skilled worker’s compensation attorney in Orlando. Not only can they answer all of your questions, but they can also give you a timetable for when your claim may be resolved. If your Orlando injury lawyer is unable to resolve your workers’ comp claim, they will have no problem filing suit on your behalf.
We suggest you call our office as soon as possible after your workplace injury. This way, you know that your claim will be handled properly from the start. It costs nothing to meet with one of our workers’ compensation attorneys in Orlando.