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Workers’ Compensation FAQs in Florida

Frequently Asked Questions

In workers’ compensation issues, every case is unique, and is specific to the injury, illness, or condition. Questions about workers’ comp benefits often arise. When you have been hurt, you want to be confident that your needs will be covered. We have compiled a list of common questions that can answer your basic questions about the workers’ compensation system in Florida.

How long after a workplace accident do I need to report it to my employer?

If you have been injured on the job, you need to report it to your employer as soon as possible. If you do not let your superiors know within 30 days, your workers’ compensation claim could be denied.

Can I seek medical treatment?

Your employer’s insurance company should offer a list of authorized medical providers to provide care, prescriptions, therapy, and other support you need to recover.

How will I pay my medical bills?

All bills accrued through authorized physicians should be submitted for payment by the provider to your employer’s insurance company. The burden of medical bills should not be left with an injured worker.

Will I be paid if I need to take time off work to recover?

The first seven days of disability are unpaid, but if your disability extends over twenty-one days the insurance company may provide back pay for the first week off work.

Will I be paid the same amount as my normal paychecks?

No. You will be paid sixty-six and two thirds percent of your average weekly wage on a bi-weekly schedule. This number is calculated using the wages you earned in the thirteen weeks prior to your injury.

When will I get my first check?

You should be paid twenty-one days after your accident was reported to your employer.

Is income tax paid from workers’ comp benefits?

If you are on total disability, you will not pay income tax from your workers’ compensation payments. If you are cleared to return to work in a limited or light duty capacity, you will pay taxes on income earned then.

Does my employer have to hold my job for me if the doctor releases me, but I cannot return to work?

No, there is nothing stated in the law that an employer must keep a job available for you if you do not return to work after the doctor has cleared you to do so.

Can I be fired if I can’t work because of my injury and receiving benefits?

No, you cannot be fired if you have filed or even attempted to file a workers’ compensation claim. That is against the law.

Can I receive workers’ compensation benefits and social security benefits simultaneously?

Yes, but the two benefits combined may not exceed eighty percent of your average weekly wage.

How long do I have to file a petition for benefits?

Typically, you must file your petition for benefits within two years of your injury.

My claim for workers’ compensation benefits has been denied. What do I do now?

You should hire workers’ compensation attorney who can evaluate your claim and give you advice on how best to move forward.

Call Politis & Matovina, P.A.

If you are struggling after a workplace injury or illness and the company you work for isn’t taking care of your needs, it may be time to call on a workers’ compensation attorney to remind your employer that you have rights that should be taken seriously. At Politis & Matovina, P.A., we work diligently to ensure our clients get the care and consideration they deserve. We will negotiate with insurance adjusters so that you do not have to.

If a settlement cannot be reached, Politis & Matovina, P.A. has the skill and experience to take your case all the way to court if necessary. We fight for our clients’ rights to recover.

Give us a call to speak with a knowledgeable workers’ compensation attorney at (386) 333-6613.

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