• Workers' Compensation Law
  • Workers' Compensation: The Basics
    • Who Is Covered
    • Available Benefits
    • Reporting an Injury and Collecting Benefits
    • When an Employer or Carrier Refuses Benefits
  • Resources

Workers' compensation law is complicated and frequently subject to change. If you have any questions concerning workers' compensation, particularly if you are an injured employee whose employer has refused to pay benefits, you should consult an attorney.

The notion of the employer, and eventually the public, paying for employee work-related injuries originated in Germany during the latter half of the nineteenth century. Among the chief proponents of a German workers' compensation program was Bertha von Krupp of the famed German manufacturer, Krupp Works. Krupp had long believed that taking care of workers was in the best interest of business and in 1884 successfully persuaded Chancellor Otto von Bismark to support workers' compensation for all of Germany. Ironically, Krupp is also known for her namesake, "Big Bertha," the enormous canon that pounded England from the European mainland during World War I.

Workers' compensation did not come to the U.S. until about 1910 when New York and Massachusetts adopted their programs. Florida adopted its program in 1935. The advent of workers' compensation relieved injured employees from having to sue their employer to collect any sort of damages. Earlier, an employee had to prove (usually unsuccessfully) that the employer had negligently failed to provide a safe work environment. Under workers' compensation, however, employees are usually entitled to collect benefits regardless of fault. That is, even if an employee is responsible for his or her own injury, as long as the injury occurred on the job, the employee is usually covered by workers' compensation. The only catch to the program is that in most cases, workers' compensation benefits are the only form of remedy. After receiving benefits, an injured employee cannot sue his or her employer for further monies.

Who Is Covered

An employee's injury must arise "out of and in the course of employment" to be covered by workers' compensation. Basically, this means that the injury has to occur while the employee is involved in some activity directly related to his or her job. For example, an employee injured at the job site performing tasks at the direction of his or her employer is clearly covered. An employee who is injured on a business trip is covered, so long as he or she is engaged in employment duties. An employee is also covered during most work-related recreational events or during emergencies where the employee leaves work intending to save life or property. An employee is not covered when traveling to or from the place of employment, except if the employer asks the employee to perform a special duty on the way. Employees injured during work breaks when no work is being performed may also not be covered, depending on the circumstances.

Available Benefits

If an employee dies as result of a work-related injury, the employee's spouse, dependent children or dependent parents are entitled to death benefits of up to $100,000 (with certain exceptions).

Injured employees unable to return to work may be entitled to rehabilitation and training provided by the Division of Workers' Compensation, Bureau of Rehabilitation and Medical Services. The employer or insurance carrier may also provide these services voluntarily. In addition, the Bureau of Rehabilitation and Medical Services offers reemployment services to injured workers, such as help in finding a job, writing resumes, vocational testing, and counseling. As an incentive for employers to hire workers unable to return to regular work, the state's Preferred Worker Program reimburses employers the cost of a disabled employee's workers' compensation insurance premium for up to three years.

Reporting an Injury and Collecting Benefits

After an employer has been notified of an injury, the employer or insurance carrier is obligated to provide the necessary medical treatment. The employer or carrier has the right to authorize the treating physician, but cannot coerce or threaten the employee in the selection of a physician. Any employer or carrier violating this rule is guilty of a second degree misdemeanor.

The earliest an injured worker can expect to receive payments is within three weeks of the injury. This is possible if the injury is reported to the employer immediately and to the insurance carrier shortly thereafter. The carrier is required to send a payment within 14 days of being notified that the worker has been disabled for more than 6 days. Workers' compensation benefits are not considered taxable income.

An injured employee may lose the right to receive benefits if the employer has implemented a drug-free workplace program and the employee tests positive for drugs. Benefits may also be jeopardized if an employee fails to follow safety rules and is consequently injured.

When an Employer or Carrier Refuses Benefits

If both parties refuse to settle the dispute, a hearing will be held before a judge of compensation claims. At the hearing, both sides present their cases and the judge has 30 days to render a decision. The judge has the authority to require the losing party to pay the winner's court costs, including attorneys' fees. Appeal of the compensation judge's decision must be directed to the First District Court of Appeal in Tallahassee.

Employers are prohibited from discharging or threatening any employee for asserting a valid claim for workers' compensation benefits. However, employers are not required to hold an injured employee's position until they can return to work.

A final point: filing a false claim for workers' compensation benefits is a third degree felony and has serious consequences.

If you have questions concerning workers' compensation, call the Division of Workers' Compensation (Employee Assistance Office) at (800) 342-1741 or any of the Employee Assistance Field Offices listed below.