Temporary Disability Attorney Serving Vero Beach, Florida,
and the Greater Indian River County

Nobody plans on getting injured, especially not on the job. However, the harsh reality is that workplace accidents happen more frequently than we'd like to imagine. When they do, it can be an emotionally charged, confusing time, filled with questions about your rights, finances, and future. That's where temporary disability comes into play as a crucial part of the workers' compensation system. Understanding temporary disability can provide a lifeline during this challenging period, helping you maintain some level of financial stability while you focus on recovery.  

In my years of practice at the Law Office of Olivia Devonmille, P.A., I've had the opportunity to interact with countless people facing challenging situations. One thing I've noticed is the uncertainty and fear that often accompany a sudden disability. It's like life throws a curveball, and suddenly, you're left wondering how to navigate this new reality. I understand. I'm here to help, so if you're looking for legal guidance in Florida, reach out to me today for support.  

Workers' Compensation in Florida

Workers' compensation in Florida is a form of insurance that provides benefits to employees who suffer work-related injuries or illnesses. These benefits can cover medical care, lost wages, and rehabilitation costs. In some cases, workers' compensation also offers temporary disability benefits. 

Temporary Disability Benefits in Florida

Temporary disability refers to a situation where an injury or illness prevents you from performing your usual work duties for a temporary period. This could be due to a slip and fall, a car accident, or a work-related illness. 

To be eligible for temporary disability benefits, you must have suffered an injury or illness that is directly related to your work. The injury or illness should prevent you from performing your usual job duties for more than seven days. 

The types of injuries and illnesses covered under temporary disability are vast. They can range from physical injuries like fractures and burns to mental health conditions like PTSD. 

Once approved, temporary disability benefits are paid every two weeks and can last up to 104 weeks or until the doctor determines you've reached maximum medical improvement. 

The Application Process

Navigating the application process for temporary disability benefits can be overwhelming, especially when you're also grappling with the physical and emotional turmoil of your condition. However, understanding this process and following it correctly can be instrumental in securing your benefits.  

1. Filing a Claim: The first step is to file a workers' compensation claim with your employer. In Florida, you must report your injury to your employer within 30 days from the date of the accident or the date your doctor informs you that your condition is work-related. 

2. Medical Examination: You will need to undergo a medical examination by a healthcare provider approved by your employer or their insurance company. The doctor's report will play a significant role in the approval of your claim. 

3. Document Submission: Submit all necessary documents, including your medical reports, proof of employment, and any evidence that supports the work-relatedness of your injury or illness. You might also need to provide details about your regular duties at work to illustrate how your ability to perform these tasks has been impacted. 

4. Claim Review: The insurance company will review your claim. This includes verifying your documents and perhaps conducting additional investigations. They may also consult with the healthcare provider to understand the extent of your disability. 

5. Claim Approval/Denial: Based on their review, the insurance company will either approve or deny your claim. If approved, you will start receiving benefits. If denied, you may dispute or appeal the decision. 

It's worth noting that the application process can involve intricate legal procedures and requirements. Missteps can result in delays or denials. Therefore, having a knowledgeable attorney guide you through the process can be beneficial. 

Disputes and Appeals

Disputes in temporary disability claims often arise when there's disagreement about the nature or extent of the injury. In such cases, the dispute resolution process begins. 

The Workers' Compensation Judge (WCJ) plays a significant role here. They listen to both sides of the argument and make a decision based on the evidence provided. 

If you're unhappy with the WCJ's decision, you have the right to appeal to the Workers' Compensation Appeal Board (WCAB). The WCAB reviews the WCJ's decision and can either uphold it, reverse it, or send it back to the WCJ for further review. 

If your claim is denied, there are potential legal remedies available. These usually involve pursuing a lawsuit against the insurance company or your employer.