Worker's Compensation
GENERAL INFORMATION
Unlike Social Security law, which created by the federal government and is basically the same throughout all 50 states, Workers' Compensation law is created by each state and can be very different from state to state.
Under Florida Law, any person who is injured "in the scope of their employment" is entitled to have a claim for Worker's Compensation benefits filed on their behalf. It is a "no fault" law, meaning that it does not matter who caused the injury, so long as the injured person was not under the influence of drugs or alcohol, was not engaged in horseplay, and did not intentionally harm themself. But in most circumstances, the employer and employees of the company cannot then be sued for negligence if the injured person asks for and accepts the Worker's Compensation benefits.
The requirement that the injury occurred "in the scope of their employment" means that the incident occurred while they were doing something for the benefit of the company. For example, if you were going to lunch then it is not a proper claim, unless it was a business lunch or you were in the process of first dropping off something for the business before taking lunch.
The claim is filed with the employer's insurance company. It will pay for all related treatment, but the insurance company gets to pick the doctors that you see. Also, if the doctor takes you off work for more than two weeks, you will get wage loss benefits until you are returned to work.
For those whose injuries cause them to be permanently disabled, a claim for Permanent Total Disability can be filed. But a claim for social security disability can also be filed. They are two separate claims, and because the laws are different, winning one does not necessarily mean that you will win the other.
RELATIONSHIP TO SOCIAL SECURITY
If you get both workers' compensation and social security benefits, there may be a reduction of some of the benefits. You are not allowed to get combined workers' compensation and social security benefits of more than 80% of your earnings. This situation is often complicated, and we unfortunately see miscalculations made by Social Security quite often.
In October, 2006 I was a speaker at the national convention for the National Organization of Social Security Claimants’ Representatives in Phoenix on the topic of the Worker’s Compensation and Social Security benefits offsets. I often get calls from both social security and workers’ compensation attorneys with questions about the offset provisions.
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