Orlando Workers Compensation Laws

Any company or organization should have a policy for employees who are injured on the job. It is required by Florida law that all companies carry insurance for their employees, and that includes companies in Orlando.1

The law states that workers are immediately eligible for statutory benefits after suffering a compensable injury or illness.2

It’s important to remember that your employer is required to carry workers comp insurance to protect you, so do not be afraid to file for workers’ comp. The insurance is there for you and there are laws that are there to protect you.

WORKERS' COMP LAWS IN ORLANDO

Workers’ Compensation Insurance

According to Florida law, every employer with four or more employees must have a workers’ compensation insurance. That is with the exception of the construction industry where even if there is only one employee, the employer is still required to have a workers’ compensation coverage.

Employees Eligible for Benefits

  • Part-time employees.
  • Full-time employees.
  • Lawfully or unlawfully employed aliens.
  • Minors.
  • Prisoners on a work-release program.
  • Workers under an oral or written contract or appointment.

Employees Who Are Not Eligible for Benefits

  • Independent contractor.
  • Professional athlete.
  • Volunteer.
  • Domestic worker or private home nanny.
  • Casual laborer, employed for a particular work that does not last over 10 days.

An employee can only qualify for workers’ compensation if the injury came out of and in the course of employment. Therefore, the injury must have happened while you are involved in an activity directly related to your job.

You are not covered when you are leaving the workplace or traveling unless asked to execute a specific duty on the way to your destination. Likewise, the coverage will not take effect when you were hurt during lunch or while on break.

Notify the Employer of the Injury

It is the responsibility of the employee to report the injury within 30 days. This will include:

  • The date of the injury.
  • The date when the impact of the injury became apparent.
  • The date when the injury was first discovered or diagnosed by a medical professional.

Note that when you are not able to meet the deadline, you can be denied from the benefits. Nevertheless, you may not be immediately disqualified if you failed to meet the requirements.

The Florida State workers’ compensation law is in effect and the system of workers compensation is compulsory. This means that workers’ compensation insurance must be paid by employers for all their employees.

This type of insurance can be given either through the employer’s own insurance company or a private insurance carrier.

Common Injuries in the Workplace

Any type of injury can happen in the workplace or job site, which depends on the industry and circumstances of the work. Common workplace injuries include the following.

  • Back injuries
  • Carpal tunnel syndrome
  • Chronic pain
  • Joint injuries
  • Stress fractures
  • Tendonitis
  • Toxic mold
  • Traumatic brain injury
  • Vision loss

Procedure After A Workplace Injury

Notify Your Employer

This can be done in non-emergency cases wherein you have to inform your employer about the accident immediately. You can also ask where to go for treatment.

For emergency situations, you can seek treatment at the nearest facility and let your employer know as soon as possible. This must be done within 30 days as stated in the Florida law.

See a Physician

Do this upon suspecting a work-related injury because you might not know how serious it can be. The diagnosis of the doctor will also make a workers’ compensation claim much stronger.

That said, the doctor must be authorized by the insurance company or your employer. It is important to see a doctor as soon as possible, even if you are unsure if you have not suffered and injury, or if you believe your injury is not severe. Some injuries can either start out as very minor and get worse over time, or they can seem small (because of adrenaline or other factors) and then only after a few days, they can truly be felt. So see a doctor no matter what. This is one of the four most important things to do after a workplace injury.

File a Claim

You can file a notice of your claim to the company that handles workers’ compensation insurance within 7 days after being aware of the injury.

You will be required to send more information to the insurance company after this step. There is a statute of limitation for workers’ compensation claims in Orlando, which means that you have a window from the time of the incident to the time you are meant to report it and then to file a claim. But this window can be difficult to understand and explain. Call one of our Orlando personal injury lawyers directly to learn if you have a case: (407) 289-0020.

Additional Information About Florida Workers’ Comp

informationIf you would like to learn more about the laws related to Florida workers’ compensation, you can visit the Florida Statutes website section on workers’ compensation. Here you’ll find all the codes and legal definitions related to workers’ composition laws in Florida and more specifically the same laws that apply to any city in Florida.

As you navigate this site and those sections, if you find you are becoming overwhelmed with the worker’s rights information you are being presented with, please be sure to reach out and speak with one of our Florida worker’s compensation lawyers.

You can also visit these helpful links:

When you’re ready, you can speak directly to one of our Orlando lawyers at our offices at 5401 South Kirkman Road, Suite 310, Orlando, FL, 32819 or call us at (407) 289-0020.

Sources:

[1]: https://www.myfloridacfo.com/division/wc/employer/coverage.htm

[2]: https://www.myfloridacfo.com/division/WC/employer/faq.htm

About The Author

Michael Feiner

Michael Feiner

The Florida BarFlorida Bar Young Lawyers DivisionMillion Dollar Advocates ForumMillion Dollar Advocates ForumBest Workers Compensation Attorneys in MiamiBest Car Accident Lawyers in MiamiLawyers of distinction

Michael A. Feiner is a partner in the Fort Lauderdale office of Steinger, Greene & Feiner. Since being admitted to the Florida Bar in 2001, Michael has devoted his practice to representing plaintiffs throughout Florida in various tort and strict liability cases and has successfully litigated cases against national insurance companies, large public companies, and governmental agencies, resulting in tens of millions of dollars for his clients. He has handled all types of personal injury and wrongful death cases on behalf of plaintiffs, including automobile negligence, premises liability, medical malpractice, product liability, dog bites, and sexual harassment. Michael’s product liability case against Microsoft, as well as his representation of victims of sexual harassment and abuse by physicians, has garnered him important media attention at both the local and national levels. Michael is an experienced trial lawyer and successfully argued an appeal to the Fourth District Court of Appeal. In the reported decision Ortlieb v. Butts, 849 So.2d 1165 (Fla. 4th DCA 2003), Michael persuaded the Fourth District Court of Appeal that a directed verdict on liability was appropriate where the defendant did not rebut the presumption of negligence of a rear driver in a rear-end collision.