FAQs

Lyle Masnikoff addresses some of the most common questions and concerns around Personal Injury Protection PIP laws in Florida.

Workers’ compensation is a type of insurance employers hold that offers benefits to employees with a job-related injury or illness. These benefits can help pay for lost wages, medical expenses, and legal fees.

In Florida, all employers with at least four employees must offer workers’ compensation coverage. Construction industry employers are required to offer workers’ compensation coverage if they have one or more employees.

Workers’ compensation can cover almost any illness or injury an employee experiences as a direct consequence of fulfilling their job duties. Common injuries include, but are not limited to, broken bones, muscular injuries, bulging discs or herniated discs in the neck or back, torn meniscus or torn ACL in the knee, torn labrum or rotator cuff in the shoulder, injuries to the wrist, ankle, or foot, traumatic brain injuries, exposure to hazardous materials, burns, and psychological injuries.

You must be an employee, work for an employer who carries workers’ comp insurance, have a work-related injury, and meet the statute of limitations for reporting your injury to qualify for workers’ compensation benefits.

Unlike many personal injury cases, your employer’s negligence does not necessarily need to be the cause of your illness or injury as long as it occurred on the job. You can pursue a third-party claim in addition to a workers’ compensation claim when someone other than your employer caused the workplace accident. This type of claim differs from a workers’ compensation claim in two critical ways: it requires you to prove negligence by the third party and may allow you to pursue additional damages like pain and suffering. On the other hand, the workers’ compensation system is a no-fault system.

According to Florida statutes, you should report your injury as soon as you can but no later than 30 days after the date of or initial manifestation of the injury unless other conditions apply — or your claim may be denied.

Under Florida law, you will not receive pay for the first seven days of disability. However, if your disability extends to over 21 days, causing you to lose time from work, the insurance company may pay you for the first seven days.

No, it is against the law for an employer to fire an employee for filing or attempting to file a workers’ compensation claim.

A knowledgeable and experienced workers’ compensation attorney can protect your rights and pursue fair compensation. An attorney can be particularly helpful to you under any of the following conditions:

• Your employer won’t acknowledge your claim
• You worry that you have missed the statute of limitations
• The insurance company has not provided you with adequate compensation
• The insurance company has denied your claim.