Frequently Asked Questions for Injured Workers about Florida Workers' Compensation
Posted on behalf of Gordon & Partners on Oct 18, 2018 in Workers' Compensation
If you have been injured in an accident on the job or contracted a work-related illness, you may be entitled to Workers’ Compensation benefits. Many injured workers have questions about the Florida workers’ compensation program and at Gordon & Partners, we have provided answers to some of the most common ones.
If you suffer from a work-related injury or illness, request a free, no obligation consultation with our workers’ compensation attorney s in West Palm Beach to find out if you qualify for workers’ compensation benefits.
How Do I Report an Injury?
If you sustain a work-related injury or illness, you should report it to your employer right away. Follow your company’s internal protocols for filing a report.
Your report must be filed within 30 days of the accident occurring or you discovering your condition is work-related. If you do not file within that time, your workers’ compensation claim may be denied.
After you notify your employer of the incident, your employer should notify his or her workers’ compensation insurer right away. Your employer must report the incident within seven days of being informed.
Next, the insurance company has three days to send you an informational brochure that explains your rights, responsibilities and provides information about Florida workers’ compensation law.
Am I Covered by My Employer?
Florida employers in an industry other than construction with four or more employees are required to hold workers’ compensation insurance, with a few exceptions. To see if your employer has coverage, use the Compliance Proof of Coverage Search Page.
If your employer is required to hold workers’ compensation insurance but does not, you may be able to file a personal injury lawsuit against your employer for your injuries.
What Benefits Am I Entitled To?
If you qualify for workers’ compensation benefits, you may be entitled to the following types of benefits:
All medical bills for necessary medical care, treatment and prescriptions for your injury are covered by workers’ compensation. Workers’ compensation doctors are typically chosen by the insurance provider.
In order for your bills to be paid, your treatment with the doctor must be authorized by the insurance provider. Medical bills are typically submitted directly to the insurance company by the medical provider.
Lost Wages Based on Disability Type
In Florida, injured workers receiving workers’ compensation are not paid for the first seven days missed from work due to disability. If your disability causes you to miss work more than 21 days, the insurer may pay you for your first seven days of missed work. The first benefits check will be issued within 21 days of your injury being reported to your employer.
If you are unable to work due to your injury or illness, you are considered to have temporary total disability (TTD). You will receive 66 2/3 percent of your regular wages up to the state’s maximum reimbursement amount. Certain severe injuries may pay 80 percent of your regular wages for up to six months following the accident. You may receive a total of 104 weeks of these benefits.
If you are able to return to work with restrictions, you are considered to have temporary partial disability (TPD). You may receive benefits if you are unable to earn 80 percent of your regular wages. You can receive TPD benefits for a total of 104 weeks.
Once you have reached maximum medical improvement and are not expected to improve significantly, you may be evaluated for permanent work restrictions and receive an impairment rating. Impairment benefits (IB) offer compensation if your permanent impairment is rated above zero percent.
If you cannot return to work after reaching maximum medical improvement, you may receive permanent total disability benefits (PTD), which are determined individually.
What Services Are Available for Reemployment?
You may not receive reemployment benefits at the same time you receive temporary or permanent total disability benefits. If you are unable to return to your previous type of work due to your injury, you may qualify for reemployment services.
These services include:
- Transferrable skills analysis
- Vocational counseling
- Job-seeking skills
- Job placement
- Formal retraining
- On-the-job training
Consult with Our Workers’ Compensation Attorneys
If you were injured at work or suffer from a work-related illness, you need a workers’ compensation lawyer on your side who can help you obtain the benefits you are entitled to. Our firm offers free consultations, so you can learn if you have a case for compensation.
We charge no upfront fees and you only pay us if we recover compensation for you.