How Long Does it Typically Take to Receive Workers' Compensation Benefits in Florida After Filing a Claim?
Depending on the length of disability, a seven-day waiting period may apply.
The post-filing waiting period in Florida follows a rather complex seven-day/twenty-one-day rule. Initially, benefits begin seven days from the filing date. If the disability lasts more than 21 days, the victim receives retroactive benefits for the first seven days. This rule does not apply to medical payment benefit. These benefits begin immediately.
‘Retroactive’ is an important word in the workers’ compensation claims process, particularly in occupational disease claims. If the insurance company refuses to promptly pay benefits, these benefits are retroactive to the date of disability, not the date of filing. So, if Tom keeps working even though he is technically disabled, he may be entitled to back pay. Abstruse concepts like “retroactive” underscore the need to work with an experienced Florida workers’ compensation lawyer. The average attorney-negotiated injury settlement is over three times larger than the average non-attorney-negotiated settlement.
Benefits Available
Most families live hand to mouth, and the medical bills in a serious injury case usually exceed $40,000. Workers’ comp benefits address these two needs.
After the waiting period expires, a Florida workers’ compensation lawyer can obtain two-thirds of a victim’s average weekly wage for the duration of a temporary or permanent disability. The AWW includes cash and non-cash compensation like 401(k) matches and expense reimbursement.
The medical bill payment benefit is comprehensive. Frequently, providers send bills to injured victims for the gap between insurance reimbursed and private pay costs. But job injury victims are not financially responsible for these bills or any other reasonably necessary medical expense.
Special Issues in Occupational Disease Claims
We mentioned retroactivity above. This concept is especially problematic in occupational disease claims. Hearing loss is a good example.
Many Florida workplaces, such as construction sites, are noisy enough to cause hearing loss. Long-term exposure to noise as low as 35 decibels, which is basically a kitchen blender, could cause hearing loss. But 35 decibels is not loud enough to trigger mandatory government safety protocols. So, job-related hearing loss is common.
Today’s hearing aids are smaller, more advanced, and more expensive than ever before. Even if the injury is work-related, the victim could be financially responsible for these costs.
Assume Nancy begins having hearing problems in 2021. But she waits until 2023 to see the company doctor about her issue. By that time, her hearing loss is advanced and more expensive to correct. If her claim is backdated to 2023, she could be financially responsible for the difference between the cheap and expensive hearing aids.
A variation of the eggshell skull rule applies in these cases. For benefits purposes, Nancy filed her claim in 2021, when her hearing loss began. Therefore, workers’ comp covers the entire cost, even though she technically missed the filing deadline.
The same principle applies if a non-work or pre-existing condition contributed to the risk and/or severity of trauma injury or occupational disease. Full workers’ comp benefits are available in these cases. Insurance companies shouldn’t receive financial windfalls (pay less money) because victims are vulnerable. That is just wrong.
Reach Out to a Pasco County Workers Compensation Lawyer
Victims need and deserve compensation for their injuries. For a confidential consultation with a Board Certified workers’ compensation lawyer in Florida, contact the Rooth Law Firm. Fewer than 1 percent of Florida job injury lawyers are board-certified in this area.