Leading Florida Board Certified Workers’ Compensation Attorney Answers Your Common Questions
If you are injured on the job, it is important that you know about your rights under Florida workers’ compensation laws. You may be able to receive medical care and partial wage replacement. However, there are strict rules in place that you must follow to protect your claim and ability to recover.
Below are some of the most commonly asked questions that the Florida workers’ compensation lawyer at the Rooth Law Firm receives. Read on to learn the answers to these common questions and contact us with any additional questions. We are happy to help you through the often-confusing workers’ comp process.
When do I have to report my injury to my employer?
Florida’s workers’ compensation law provides benefits to workers who are injured on the job while performing work-related duties. There must be a link between the injury and the employee’s work for coverage. This requires an injured worker to report the injury to his or her employer so the employer has notice of a potential workers’ compensation claim.
It is best to report your injury as quickly as possible after your injury. This helps establish the causal link between your accident and the injury. The longer you wait, the more likely it is that your employer will try to deny the claim or suspect that it was not work-related. However, Florida law gives you up to 30 days to report the injury.
When should my employer report my injury to their workers’ compensation carrier?
Likewise, your employer should report your injury to their workers’ compensation carrier as soon as possible. However, they have up to seven days from the date they received notice of the accident to report it to their insurance provider.
Once your employer’s insurance carrier is notified, it will send you correspondence regarding your rights. However, if you do not hear from the insurance carrier, you might have to report the injury directly to them if your employer has not reported it.
What kind of medical treatment am I entitled to receive?
Workers’ compensation coverage provides for the necessary medical care, treatment and prescription medications that relate to your injury.
Am I responsible for any of the medical bills?
You are not responsible for the medical treatment that you receive that is covered under your employer’s workers’ compensation policy. Your doctor must submit all medical bills to your employer’s workers’ compensation insurance carrier.
Will I be compensated if I lose time from work?
You may be able to receive compensation from a portion of the time that you missed from work. Under Florida law, you are not paid for the first seven days of your disability. However, if your disability lasts more than 21 days, you may be paid for the first seven days.
How much will my benefits be?
In most situations, your benefits are 66 2/3 percent of your average weekly earnings. Your average weekly earnings are calculated by the wages that you earned 13 weeks before your accident, not including the week when you were injured. However, if during the 13-week period you worked less than 75 percent of it, a similar employee in the same employment who worked 75 percent of the 13-week period or your full time weekly earnings is used.
Will I owe income tax on workers’ compensation benefits?
You will not owe income tax directly on workers’ compensation benefits. However, if you return to work on light or limited duty while you are still under the care of a doctor, you will pay your regular taxes on the wages you earn while you work.