Navigating the complex world of Worker’s Compensation claims in Florida can be daunting for employees and employers. When you need the services of skilled and experienced mediator with in-depth knowledge of Florida’s Worker’s Compensation Law, turn to Michael F. Tew Mediation Services. Michael has handled worker’s compensation matters at both the trial and appellate level for both injured workers and employers and their insurance carriers for 4 decades. As a Mediator in these matters, he prioritizes a personalized approach with an understanding of the needs and objectives of all parties.

Call us today at 239-418-0088 for expert services that you can trust.

Worker’s Compensation Claims

Understanding Worker's Compensation in Florida

Worker’s Compensation is a form of insurance that provides medical benefits and wage replacement for employees who have sustained work-related injuries or illnesses. In Florida, the Florida Division of Workers’ Compensation system regulates Workers’ Compensation, ensuring that employees and employers adhere to state-mandated rules and regulations.

It is important to note that Worker’s Compensation is a no-fault system, meaning that an employee can receive benefits regardless of whether the injury was caused by the employee’s negligence or that of the employer.

Employee Rights and Benefits

In Florida, employees have the right to receive medical treatment and financial compensation for work-related injuries or illnesses, regardless of fault. Key benefits include:

  1. Medical care: Employees are entitled to necessary medical treatment, prescriptions, and ongoing care related to the injury or illness.
  2. Temporary disability benefits: Injured workers can receive up to two-thirds of their average weekly wage, subject to a state maximum, while they recover.
  3. Permanent disability benefits: If an injury or illness results in permanent disability, the employee may receive ongoing compensation based on the severity and impact on their ability to work.
  4. Death benefits: In cases of work-related fatalities, surviving dependents may receive financial compensation to cover funeral expenses and lost income.

Employer Obligations

Employers in Florida are required to carry Workers’ Compensation insurance if they meet specific criteria, including:

  • Non-construction businesses with four or more employees.
  • Construction businesses with one or more employees.
  • Agricultural businesses with six or more regular employees or 12 or more seasonal employees working more than 30 days.

Employers must also adhere to reporting and claim-filing requirements, provide a safe work environment, and refrain from retaliating against employees who file workers’ compensation claims.

Filing a Worker's Compensation Claim in Florida

To initiate a claim, injured employees must:

  1. Notify their employer of the injury or illness within 30 days of the incident or onset.
  2. Seek medical treatment from an authorized healthcare provider designated by the employer or their insurance carrier.
  3. Follow the treatment plan and attend any required medical appointments.

After receiving notification, employers must report the injury to their insurance carrier within seven days. The carrier then has 120 days to investigate and accept or deny the claim.

Disputes and Appeals

Disputes may arise between employees and insurance carriers regarding claim eligibility, benefit amounts, or medical treatment. In such cases, parties can seek mediation or file a petition for benefits with the Florida Office of the Judges of Compensation Claims (OJCC).

When you need Mediation Services in Workers’ Compensation matters, turn to Michael F. Tew Mediation Services. With a proven track record of success in legal services, Michael F. Tew specializes in employer defense for Workers’ Compensation matters. As a Florida Supreme Court Certified Circuit Mediator and State-Qualified Arbitrator, he prioritizes a personalized, client-centric approach.

With extensive practice in civil litigation matters and a wide reach across Southwest Florida, Michael’s reputation for dedication, expertise, and integrity sets him apart from the competition. Don’t leave your Worker’s Compensation claims to chance. 

Experience unmatched legal guidance by contacting The Law Offices of Michael F. Tew, P.L. Call us today at 239-418-0888 for expert assistance you can trust!

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