Benefits Available Under Workers’ Compensation Law

Under Florida law, an employee injured in the course and scope of employment is entitled to workers’ compensation benefits consisting of medical treatment and indemnity (lost wages) benefits. Under workers’ compensation law, an injured worker is not entitled to compensation for pain and suffering or punitive damages from the employer, even if the employer was negligent in causing the accident.

• Medical Benefits – Injured workers are entitled to receive medical treatment for their injuries. However, entitlement to medical treatment is subject to stringent legal requirements which have become more restrictive since the 2003 workers’ compensation reform. Amy Ritchey strongly encourages the hiring of a competent and experienced attorney to safeguard an injured worker’s entitlement to authorized medical treatment. Medical treatment must be provided by an authorized treating physician with limited exceptions. Providing a thorough and accurate history to the authorized physician is of the utmost importance. In most instances, an injured worker is initially referred to a primary care physician or a workers’ compensation clinic. Depending upon the severity of injury, an injured worker may be referred for physical therapy, diagnostic testing and/or be referred to a specialist. Prescription medication related to the authorized treatment may also be provided. Injured workers should secure copies of their treatment records and prescriptions for each date of service and provide same to his or her attorney.

• Indemnity Benefits (Lost Wages) - Injured workers may be eligible for the payment of indemnity benefits (up to 2/3 of gross pre-accident wages subject to a statutory maximum) if their work related injuries prevent them from returning to work in a light duty or full duty capacity. Entitlement to indemnity benefits is complex and could include the payment of temporary total disability, temporary partial disability, impairment income benefits or permanent total disability as well as penalties and interest if paid late. Injured workers should provide his or her attorney with documentation of the disability status from the authorized treating physician such as "notice of disability" or "work status” forms. Workers’ compensation law contains many defenses which can result in the suspension of indemnity benefits or the non-payment of indemnity benefits in their entirety. Amy Ritchey is well versed in the defenses to indemnity claims and can evaluate whether entitlement to indemnity benefits exists.