What Do You Need To Know About a Florida Workers’ Comp Claim?
If you are injured in a Florida workplace accident, you have the right to receive benefits under Florida’s workers’ compensation laws. Below are several FAQs about workers’ comp that can help you as you begin the process of filing a workers’ comp claim.
How long do I have to report a workplace accident?
If you are injured at work, you need to report the accident/injury to your employer immediately or as soon as physically possible. By law, you must report workplace injuries within 30 days of the injury or your claim may be denied.
Who reports an accident to the worker’s compensation insurance company?
An employer has seven days from the date you notify it of the accident to report the injury to its workers’ comp insurance company. The insurance company has three days to send you a notice explaining your rights and responsibilities under Florida’s workers’ compensation laws.
Do I have to pay for my medical treatment?
No, you do not need to pay for authorized medical treatment related to a workplace injury. The medical bills should be submitted to the insurance company for your employer. You are entitled to receive necessary medical care, treatments, and prescriptions related to your injury.
How much will I receive for lost wages if I cannot work after a workplace accident?
Under Florida’s workers’ comp laws, you are entitled to receive benefits if you are unable to work due to a workplace injury. You will not be paid for the first seven days you are out of work; however, if you are out of work for more than 21 days, you will be paid for the first seven days you were out of work. The amount you receive is based on your average weekly wages. In most cases, you will receive 2/3 of your average weekly wages based on the 91 days prior to the injury.
Do I owe taxes on my workers’ compensation benefits?
You do not need to pay income taxes on your weekly benefits. When you return to work, even on light duty, you must resume paying income taxes on any wages you earn.
Can my employer fire me because I am unable to work?
No, your employer cannot fire you because you were injured at work. It is against the law for an employer to take any adverse actions against you because you file a workers’ comp claim. However, there is no provision under the code that requires an employer to hold your job open for you while you are out due to a workplace injury.
What happens if I cannot return to the same work I did before the accident?
You may be eligible to receive vocational counseling, formal retraining, on-the-job training, job placement, and other help finding another job if you are unable to return to the same type of work you performed prior to your injury. These services will be provided at no cost to you if you are eligible.
Can my employer deny my workers’ compensation claim?
Yes, your employer and/or its insurance company can deny your claim; however, you have the right to appeal this decision. You must act quickly to protect your rights. Contacting an experienced Boca Raton workers’ comp attorney immediately is in your best interest.
For more answers to your questions about Florida’s workers’ compensation laws, call The Broderick Law Firm, P.L. at 1-800-333-3903
Contact a Boca Raton Workers’ Comp Attorney
The Broderick Law Firm, P.L. can help you receive the benefits you are entitled to receive for a Florida workplace injury. Contact our office today 1-800-333-3903 to schedule your free consultation.