How do I know whether Longshore or Florida workers' comp covers me?

It turns on where you worked and what you were doing. Longshore coverage generally reaches workers engaged in maritime employment on navigable waters or on adjoining piers, terminals and areas used for loading, unloading, building or repairing vessels. Ordinary land-based employment falls under Florida comp. Crew members of a vessel fall under the Jones Act instead. Because Fort Lauderdale has substantial port and marine trades employment, this question comes up here far more than in most Florida cities.

How long do I have to report a workplace injury in Florida?

Generally thirty days from the injury or from when you knew it was work-related. Late reporting is among the most common reasons carriers deny otherwise valid claims. Report in writing and keep a copy.

Can I sue my employer?

Generally no. Workers' compensation is the exclusive remedy against an employer in almost all cases. The exception that matters in practice is a third-party claim against someone else who contributed, and that claim can include pain and suffering, which workers' compensation never pays.

My claim was denied. Is that the end of it?

No. A denial is the start of a dispute, not the conclusion of one. Denials are frequently based on procedural grounds such as late reporting, unauthorized treatment or an alleged pre-existing condition, and many are contestable. There are deadlines for filing a petition, so a denial should be reviewed promptly.

Fort Lauderdale Workers Compensation Lawyer

Florida Comp or Federal Longshore? In Fort Lauderdale This Is a Real Question

Most cities do not have this problem. Fort Lauderdale does, because Port Everglades and the marine trades along the New River and the 17th Street corridor employ thousands of people whose work happens on or beside navigable water. The Longshore and Harbor Workers' Compensation Act generally covers workers engaged in maritime employment on navigable waters or adjoining areas used for loading, unloading, building or repairing vessels. Its benefit rates, medical provider choice and dispute procedure all differ from Florida workers' compensation, and it is litigated before a U.S. Department of Labor administrative law judge rather than a Florida judge of compensation claims. If you were a member of a vessel's crew, neither applies and the Jones Act governs instead. Being placed in the wrong system costs real money.

Why Florida Workers' Compensation Claims Get Denied

The most common reasons are procedural rather than medical. Florida generally requires you to report a workplace injury to your employer within thirty days, and late reporting gives a carrier an easy denial. Treating with your own doctor instead of one authorized by the carrier can result in unpaid bills. Failing to attend an independent medical examination, giving inconsistent accounts of how the injury happened, or having a pre-existing condition in the same body part all provide grounds for dispute. Most of these are fixable if addressed early and much harder to fix once a denial is on the record.

The Third-Party Claim Is Usually Where the Value Is

Florida workers' compensation pays medical care and a portion of lost wages. It does not pay anything for pain and suffering. That makes the more important question whether someone other than your employer contributed to the injury: a machine manufacturer, a maintenance contractor, a property owner, a driver employed by another company, or a subcontractor on the same site. A third-party negligence claim can proceed alongside the compensation claim and can include the non-economic damages comp excludes entirely. The employer or carrier will typically assert a lien against that recovery, which is negotiable.

Where These Claims Are Heard

Florida workers' compensation disputes go before a judge of compensation claims, with the district office serving Broward County located in Fort Lauderdale. Federal Longshore claims are administered through the U.S. Department of Labor Office of Workers' Compensation Programs and heard by administrative law judges. A third-party negligence action arising in Fort Lauderdale is filed in the Seventeenth Judicial Circuit at the Broward County Courthouse. It is common for a single workplace injury to generate proceedings in two of these forums at once.

Fort Lauderdale Workers' Compensation: What to Do

Report the injury to your employer in writing and keep a dated copy
Ask specifically whether your employer carries Florida comp or federal Longshore coverage
Get treatment, and follow the authorization rules for whichever system applies
Write down every person and company present at the site, not only your own employer
Do not give a recorded statement about pre-existing conditions before getting advice

Fort Lauderdale Workers' Compensation: Common Questions

How do I know whether Longshore or Florida workers' comp covers me?: It turns on where you worked and what you were doing. Longshore coverage generally reaches workers engaged in maritime employment on navigable waters or on adjoining piers, terminals and areas used for loading, unloading, building or repairing vessels. Ordinary land-based employment falls under Florida comp. Crew members of a vessel fall under the Jones Act instead. Because Fort Lauderdale has substantial port and marine trades employment, this question comes up here far more than in most Florida cities.
How long do I have to report a workplace injury in Florida?: Generally thirty days from the injury or from when you knew it was work-related. Late reporting is among the most common reasons carriers deny otherwise valid claims. Report in writing and keep a copy.
Can I sue my employer?: Generally no. Workers' compensation is the exclusive remedy against an employer in almost all cases. The exception that matters in practice is a third-party claim against someone else who contributed, and that claim can include pain and suffering, which workers' compensation never pays.
My claim was denied. Is that the end of it?: No. A denial is the start of a dispute, not the conclusion of one. Denials are frequently based on procedural grounds such as late reporting, unauthorized treatment or an alleged pre-existing condition, and many are contestable. There are deadlines for filing a petition, so a denial should be reviewed promptly.

Fort Lauderdale Workers’ Compensation Lawyer