Florida Worker's Compensation Benefits
By Aaron Larson
Law Offices of Aaron Larson
July, 2003
Important Notice: The following overview of Florida's worker's compensation (workmans comp) benefits is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of available benefits and may not reflect subsequent changes in the law. For a full review of Florida's worker's compensation law, or for a determination of how the law applies to a specific worker, please consult a worker's compensation attorney licensed to practice in the state of Florida.
Contents
- Introduction
- Special Employment Situations
- Medical Benefits & Choice of Physician
- Disability Benefits Provided
- Death Benefits Provided
- Limits on Attorney Fees
Introduction
Florida's system of worker's compensation (workman's comp) is compulsory, meaning that employers are required to provide worker's compensation insurance for their employees. Worker's compensation insurance may be provided through a private insurance carrier, or employers may self-insure. Waivers may be permitted.
Special Employment Situations
Employers with fewer than four employees are exempt from the state's worker's compensation act. Most agricultural employers are required to provide worker's compensation coverage for their agricultural employees, although certain smaller employers may be exempt. Employers may provide voluntary worker's compensation coverage for domestic servants.
Medical Benefits & Choice of Physician
The employee's choice of physician may be by selection from a list maintained by the employer, or the employer may designate the care provider. If care is provided through an authorized managed care arrangement, the employee selects from a list supplied by the carrier or managed care organization.
After maximum medical improvement is reached, a $10 patient copayment is required for all medical services. If an injured worker fails to appear for a scheduled independent medical examination, the injured worker is liable for 50% of the "no show" fee charged by the provider.
Disability Benefits Provided
Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments may continue for up to 104 weeks. Benefits are subject to Social Security and Unemployment Insurance benefit offsets.
Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PTD continue for the duration of the disability. Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to a weekly maximum.
Scheduled awards are not paid in addition to total temporary disability benefits.
Benefits may be available for disfigurement resulting from catastrophic injury.
Physical rehabilitation benefits are covered under medical services. Vocational rehabilitation benefits are available.
With certain constraints and filing deadlines, occupational hearing losses may be compensable.
Death Benefits Provided
Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A burial allowance is available.
Limits on Attorney Fees
Attorney fees for claimants are set by statute at 20% of the first $5,000, 15% of the second $5,000, 10% on the amount received over the first ten years, and 5% on the balance. In certain cases, the attorney fee may be added to the award.
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