Requirements for a Workers’ Compensation Claim

As long as a business has four or more employees, they are required by Florida law to have workers’ compensation insurance – except for construction companies. Because construction sites are inherently dangerous, employers in construction need to carry it even if they only have one employee.

Although some states can exclude undocumented employees from receiving workers’ compensation, Florida isn’t one of them.  Whether an employee is full-time, part-time or seasonal is also irrelevant. All employees of businesses required to have workers’ comp coverage, regardless of citizen status, are legally owed compensation in the event of a workplace injury, illness or death.

Workers’ compensation will cover the full cost of an employee’s relevant medical bills, including hospitalization, doctor’s visits, medical tests, prescription drugs and physical therapy. If the accident has permanently impaired your ability to continue at your current position, your company may also be obligated to provide vocational training and job placement services as part of your compensation.

However, while workers’ comp includes the entirety of your medical damages, it only covers part of your lost wages – up to two-thirds of your pre-injury weekly wage, although the exact amount will depend on the type of injury you sustained.

A temporary disability can make you eligible for upwards of 66.67 percent of your normal wage (capped at $971 per week) for 104 weeks. On the other hand, a permanent and all-encompassing disability (e.g., a severe spinal cord injury or amputation) means you could receive the same amount without limits every week for the rest of your life or until you reach 75 years of age. In contrast, a permanent but partial disability usually isn’t a lifelong benefit.