What Are My Rights After A Workplace Injury?
Getting hurt at work can be devastating. Your injury may require extensive medical treatment, and you may be unable to return to work for quite some time. In some cases, workplace injuries in Tampa are so severe that they result in permanent disabilities that can limit your ability to work again in the future. It is important to know that injured workers have rights under Florida law. Indeed, you have a right to report your injury and to seek workers’ compensation coverage, and you may be eligible to obtain workers’ compensation benefits. The following are some of the key rights you should know about if you are injured on the job in Florida.
Right to Report Your Work Injury
After a workplace injury in Tampa, you have a right to report the injury to your employer within the time frame required by Florida workers’ compensation law without being worried about your employer taking adverse action against you. Generally speaking, you should report any injury as soon as possible, and then you should determine whether your employer is covered. If your employer is required to have workers’ compensation coverage, then you may also have a right to seek workers’ compensation benefits after your injury.
Under Florida law, the following are the rules concerning employers and coverage requirements:
- Construction industry employers must have workers’ compensation coverage if they have 1 or more employees;
- Agricultural industry employers must have workers’ compensation coverage if they have 6 or more regular employees or 12 or more seasonal workers; and
- All other employers, in general, must have workers’ compensation coverage if they have 4 or more employees.
Right to Seek Workers’ Compensation Benefits Without Concerns About Retaliation
If your employer is required to have workers’ compensation coverage, you should know that you have a right to seek workers’ compensation benefits without being worried about retaliation. When you report your workplace injury and seek workers’ compensation coverage, your employer cannot take any adverse action against you in response to the fact that you have been injured on the job or that you are seeking workers’ compensation benefits. Adverse actions can include demotion, termination, loss of benefits, and more. These types of actions may constitute retaliation, and they are unlawful. You have the right to seek workers’ compensation benefits without having to fear that you will face consequences from your employer.
Right to Medical Coverage
For injured workers whose employers are required to have workers’ compensation coverage, it is important for those workers to know that they have a right to obtain medical care. While you must obtain care from a health care provider who has been approved by your employer or by the insurer, you have a right to select your pharmacy or the pharmacist when you have medications prescribed in connection with your work injury.
Contact a Tampa Workers’ Compensation Lawyer
Were you recently injured on the job in the Tampa Bay area? You have rights under Florida law, and you may be able to obtain workers’ compensation benefits. Those benefits may include medical care, wage replacement payments, and disability compensation depending upon your circumstances. One of the experienced Tampa workers’ compensation lawyers at the Franco law Firm can assist you.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440ContentsIndex.html
myfloridacfo.com/division/wc/employee/faq.htm
