Workers’ compensation is quite a straightforward concept; however it never hurts to have a basic understanding just in case the unexpected happens.
Here’s a brief overview of common questions associated with workers’ comp:
Workers’ compensation pays two thirds of your salary. For example if you get paid $1200, you would get $800. This amount is untaxed.
In the state of Florida all companies of a certain size/type must provide workers’ compensation for their employees. This means if there are more than four individuals employed at any organization (including the owner) they are legally required to provide this insurance. Any individual who works in construction will have workers’ comp, regardless of the company size.
This is dependent on the individual and what injuries have been sustained. If you have a permanent injury directly related to an incident at work, you may be on workers’ comp for the rest of your life. If this is the case and you want to continue receiving payments, you would need to visit a doctor on a regular basis (usually yearly) to affirm your status.
Whilst you cannot be fired for claiming workers’ comp, your employer is not legally required to keep your job open. This means that unfortunately your job may not be there when you get back; however usually an insurance company will have to continue to payments regardless of whether your employment is terminated.
Don’t worry! Even if the accident was your fault, you’ll still be covered by workers’ comp. There are limits on the brevity of this insurance – namely if you’ve broken the law, are under the influence, the injury is intentionally self-inflicted, or you were in violation of a company policy or procedure.
If you have chosen to claim workers’ comp, you generally waive your rights to sue your employer. If you opt to sue instead you can be awarded damages for pain and suffering, medical, expenses, lost wages etc. This is commonly a lengthy process, which has no guarantee of success.
If you have more questions about workers’ comp, contact Franco Firm for assistance and guidance.