What is a Florida Workers’ Compensation Accident and Injury?

What is a Florida Workers’ Compensation Accident and Injury?

What is an Accident?

If you are hurt or injured at work you may ask yourself… what is a workers’ compensation accident that would be covered under the Florida Worker’s Compensation Law?  The definition of a Florida Workers’ Compensation accident under Florida statute 440.02 (1)” .  .  . “means only an unexpected or unusual event or result that happens suddenly.” This means that if you are an employee working for an employer and you have an accident then you may be entitled to workers’ compensation benefits.

 


What is an injury?

If you have an accident defined under the Florida Worker’s Compensation Law and you are an employee of an employer then the question becomes whether your injury that you had while working is covered under the Florida Worker’s Compensation Law.   The definition of a Florida workers’ compensation injury under Florida statute 440.02 (19) “ .  .  . means a personal injury or death by accident arising out of or in the course of employment, and such diseases or infection as naturally or unavoidably result from such injury.”

What Medical and Indemnity Benefits are Provided?

The definitions of an accident and injury have many interpretations under the Florida Worker’s Compensation Law. For example, a typical accident resulting in an injury at work could be when you fall down a set of stairs while working causing you to break an ankle.  In such case, as long as you are in the course and scope of your employment then you would be entitled to workers’ compensation benefits. Workers’ compensation benefits come in two basic forms: medical and indemnity.  The first benefit would be medical care and treatment. Using our example, you would be entitled to see a doctor or physician so he or she could treat you for your broken ankle. The second benefit would be the payment of indemnity, such as, temporary total disability benefits, temporary partial disability benefits, permanent partial disability benefits/impairment benefits, and/or permanent total disability benefits why you are unable to work and still under treatment with your physician.

There are many other benefits under the Florida Worker’s Compensation Law that you may be entitled to if you have an accident resulting in an injury while working. These may include surgery, diagnostic testing, medication, transportation to and from your medical providers, medical apparatuses, psychiatric or psychological treatment, attendant care and permanent total disability benefits depending upon the severity of your workers’ compensation injuries.   There are also many expansive definitions under the Florida Worker’s Compensation Law that may cover your accident and injuries.

Have You Been Injured While Working in a Florida?

If you or anyone you know has been injured in any kind of accident, whether working or not, you may be entitled to medical and compensation by the filing of a workers’ compensation claim or petition for benefits. You should seek the advice of a Miami or South Miami workers’ compensation attorney so your rights can be explained to you. Attorney Jeff E.  Rubin at the law firm of Talianoff Rubin & Rubin, P.A. has been handling Florida Workers’ Compensation cases since 1989.  Jeff will provide a free consultation so that you can have a clear understanding of your rights if you had an accident and you were hurt or injured while working.

Call 305-270-3211 or email jeff@mialaw.com to schedule a free consultation.