Workers’ compensation was established to provide medical care and income protection to employees who were injured or became ill from their job. These systems were not only established to protect workers but to provide employers incentives to reduce work-related injuries and illnesses to begin with. Workers’ compensation is governed by state law and can be purchased through private insurers, state-certified compensation insurance funds or businesses can have the option to self-insure. Laws in Florida have recently changed as of August 17, 2023, so time is of the essence to determine whether these changes may have impacted your ability to have your claim covered.

The data commonly collected are:

• Claims Information: documentation that is filled out after a worker is injured or becomes ill on the job. It should include details such as the nature of the illness or injury, how it occurred, the type and cost of medical care received, the number of days required to be off from work, the cost of partial wage replacement, and injured worker characteristics (i.e occupation, age, gender).
• Employer Information: the collected data on the types of hazards present at work, safety and health programs, and plans in place to prevent injury or illness.

The common types of workplace injury and illness include but are not limited to:

• Muscle sprains, tears, or strains
• Bone fractures
• Cuts, lacerations, or punctures
• RSIs (repetitive strain or stress)
• Slips, trips, and falls
• Electrocution
• Crushed/stuck between objects
• Chemical Poisoning
• Struck by object or equipment
• A pre-existing condition that has been aggravated by work
• An earlier work-related disability that reoccurs causing a later disability
• Disease exposure
• Pneumoconiosis/silicosis

Workers’ compensation is a very complex process is navigate without the right attorney. We specialize in making this process seamless and worry-free, by handling the many records, proper documentation and data necessary to secure benefits.

The statute of limitations for an employee to report a work-related accident is 30 days from the date the employee knows of the work-related injury or illness

Once your employer’s workers’ compensation insurance company is informed of the work-related injury and has determined that the injury or illness is covered by the law, the company should provide: An authorized physician, Payment for all authorized medically necessary care and treatment, Payment to family members for providing assistance with care, Care that may be covered can include doctor visits, travel expenses, prostheses, medical tests, or hospitalization

If you are unable to work or have lower earnings due to a work-related injury or illness, you may be qualified to receive wage replacement benefits. Possible wage replacement benefits are:

• Temporary Total Benefits* – benefits provided because of an injury or illness that temporarily prevents you from returning to work and you have not reached MMI*
• Temporary Partial Benefits* – benefits provided when the doctor releases you to return to work with restrictions and you have not reached MMI*, typically you earn less than 80% of your usual wage
• Permanent Impairment Benefits – benefits provided when the injury or illness causes physical, psychological, or functional loss and the impairment still exists after the date of MMI*
• Permanent Total Benefits – benefits provides when the injury or illness causes you to be disabled permanently to the condition of the law
• Death Benefits – benefits and compensation received resulting from a workplace accident that resulted in the death of the worker

*MMI – maximum medical improvement
* The maximum length you can receive temporary total/partial benefits is until the date of MMI or 260 weeks- whichever occurs first.

While ensuring benefits does lay solely on employers and insurance carriers, injured workers have several things to manage to help the workers’ compensation claim happen as smoothly as possible. Typical tasks for both injured workers and carriers can include:

Injured Worker Responsibilities

• Contact your employer immediately after injury or illness
• Provide employer copy of the Medical Treatment/Status Reporting Form (DWC25) after each medical visit
• Return to work when released by a physician or when an employer offers a position within physical limitations
• Review the First Report of Injury or Illness (DWC1) upon receipt and verify the accuracy of personal information and accident description
• Review, sign, and return the mandatory fraud statement to the insurance carrier
• Report wages from all sources of employment
• Keep the adjuster informed on the status of your claim, medical authorization needs, and any earned wages
• Keep open communication with the authorized treating physician, keep all appointments, clarify your work status, and ask for a patient copy of DWC25

Carrier Responsibilities

• Prompt provision of proper medical treatment
• Prompt and accurate payment of wage replacement benefits
• Prompt payout to medical bills
• Prompt and accurate reporting of claim information to the Division of Workers’ Compensation
• Notifications of claims status changes

Gechtman Law Is Here To Fight For You

Knowing the basics and what to expect when dealing with workers’ compensation is just the first step, if you experienced an injury or illness due to a workplace accident and to learn more about getting the compensation and benefits you are entitled to, contact us today. At Gechtman Law, we have ample experience with work injury claims and are ready to help in gathering the necessary documentation, efficiently preparing your claim, and negotiating on your behalf.