Frequently Asked Questions
Florida Workers’ Compensation Act
The Florida Workers’ Compensation Act was established to help injured and/or ill employees and their families overcome the financial issues that result from work-related injuries and illnesses. If you are injured as a result of a work-related incident, or if you develop a condition or disease as a result of the type of work you do, your employer’s workers’ compensation coverage may entitle you to medical, partial wage replacement and possibly permanent damage benefits.
How long after an accident do I have to report an injury?
Report your injury immediately. By law, you have thirty (30) days to report your injury, or your claim may be denied for failure to notify. However, there are exceptions to the rule that can be found in §440.185. Fla. Stat.
How much will I receive if I lose time from work?
In most cases, you will receive 66 2/3 percent of your average weekly wage, which is calculated based upon your 13-week wage history immediately preceding your date of accident.
When will I receive my first workers’ compensation check?
You should receive your first check within 8 to 21 days following your date of accident. You will not be paid for the first seven days following your date of accident unless you’re your disability results in more than 21 days of lost time from work.
How long may I receive temporary disability?
Currently, you may receive temporary total disability benefits, temporary partial disability benefits, or a combination of both for a maximum of 104 weeks. Thereafter, you may be entitled to permanent total disability benefits, which if eligible, you may receive until you are 75 years of age.
What if I don’t have a car or transportation to get to my medical appointments?
The insurance carrier is responsible for arranging and paying for transportation for medical appointments.
What is the statute of limitations for workers’ compensation benefits?
Depending on the type of injury you have sustained, the statute of limitations for filing your claim is two years from the date of accident, or alternatively, two years from the date you knew or should have known that your injury or illness was related to your employment. Additionally, once a claim has been accepted and medical treatment has been authorized, you must treat once every 365 calendar days with an authorized treating physician. If a claim has previously been accepted and disability benefits were subsequently terminated, you must file a claim for reinstatement of the disability benefits within one year of the date of termination. Regardless, the statute of limitations, and its exceptions, is a very technical area of the law, and it his highly recommended that you seek the assistance of a workers’ compensation attorney.
May my workers’ compensation case be settled for a lump sum of money?
Yes, there are two parts to every workers’ compensation claim: 1) indemnity, or lost wages; and 2) future medical treatment. Each part may be settled separately, or you may globally settle both parts simultaneously. The latter is customary, however; settlement is completely voluntary for both parties. For more information, contact Doolittle & Tucker, P.A. Attorneys at Law today.