Filing For Workers Compensation In Florida

Posted on: 8 March 2018

Share

Each individual state has its own rules and regulations concerning workers compensation benefits for workers injured on the job. Therefore, it's important to know your rights to be certain that you or your family receives all of the benefits to which you are entitled.

When Must A Workplace Injury Be Reported?

It's best to report an injury when it occurs, or as soon as possible, noting the time and location of the accident, the work being performed, and any witnesses to the event. You must report the injury within 30 days of its occurrence to file a claim.

Your employer must notify their insurance company within 7 days of your report of the injury. The insurance company is required to send you a brochure explaining your rights and responsibilities under Florida workers compensation law.

You may report the injury to the insurance company yourself if your employer fails to do so within the 7-day period.

What Types of Medical Benefits Are Provided?

You must accept treatment from the medical provider chosen by your employer or their insurance company. All treatment, medical supplies, and prescriptions will be covered by the insurance company.

Federal mandates that the injured worker can choose their own pharmacies for prescriptions. However, the pharmacies of choice are not required by law to accept workers compensation insurance.

When Are Compensation Benefits Paid for Workplace Injuries?

You will not receive benefits for the first 7 days of lost wages if your injury keeps you off the job for 21 days or less. You will be paid for the first 7 days, and every week after the initial 7 days until you return to work, if your injury keeps you from working more than 21 days.

You should receive your first check within 21 days after the initial reporting of the injury.

How Much Compensation Should You Expect to Receive?

You will receive 66 2/3 percent of your average weekly gross wages (before taxes) if you are totally unable to work on a temporary basis (Temporary Total Disability). Your average weekly wage is determined by averaging the weekly wages earned in the 13 weeks prior to the injury, not your weekly wage at the time of the injury. The maximum benefit allowed in 2018 is $917 per week.

You may receive some benefits if you are medically cleared to return to work on light duty (Temporary Partial Disability) and you fail to earn 80 percent of your pre-injury wages in your restricted job. Benefits will vary for each individual.

Benefits for permanent impairments or disability will continue until Social Security or other government benefits are available.

While the Employee Assistance Office will help with disputes with employers and insurers who seek to deny benefits, it's better to have a skilled workers comp attorney at your side at one of the most vulnerable times of your life. Check out sites like https://www.oxnerpermarlaw.com/ for more information.