FAQs About Workers’ Compensation in Florida
A hundred years ago, when the Grand Bargain gave birth to workers’ compensation, the system was very simple and quickly paid benefits to injured workers, regardless of their fault for the accident. But today, insurance company interests dominate the workers’ compensation system, which is lengthy, complex, and frustrating.
Because of these complexities, many people have many questions about their workers’ compensation benefits. A Tampa workers’ compensation lawyer is more than a powerful advocate for job injury victims. A lawyer is also an important resource for these victims and their families.
Do I Have to Pay Medical Bills?
No, not if the bills were reasonably necessary. Eligible medical expenses include transportation costs, emergency care, follow up care, ancillary expenses (prescription drugs, etc.) and physical therapy.
The reasonably necessary requirement is somewhat difficult to establish in Florida. Most job injury victims must see company doctors who usually prescribe the cheapest available treatment. So, a Tampa workers’ compensation lawyer often partners with a doctor who performs an independent medical examination.
The workers’ compensation insurance company is the sole financially responsible party. Providers cannot send bills to injured workers. For example, if a provider performs a $1,000 MRI and the insurance company pays $300, the provider cannot bill the victim for the remaining $700.
How Much Will I Be Paid?
Most job injury victims receive two-thirds of their average weekly wage for the duration of their temporary or permanent disabilities.
AWW calculation is far from straightforward. The insurance company cannot look at the last ten paystubs and divide by ten.
Frequently, prior pay isn’t reflective of current lost wages. Many people leave jobs for higher-paying ones. Others get promoted.
Additionally, the AWW looks forward as well as backwards. Prior cash and non-cash wages, such as tuition reimbursement and 401(k) matching contributions, are relevant. So is future lost pay. If Lee’s injury forces her to miss overtime at Christmas, her lost wage replacement benefits must reflect that loss.
Is This Money Tax-Free?
Generally yes. This exemption covers wage replacement benefits and medical benefits received due to a workplace injury or illness. However, a few “ifs” may apply.
If a victim receives Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits along with workers’ compensation benefits, those SSDI or SSI benefits may be reduced based on the amount of workers’ compensation lost wage replacement and (possibly) medical bill payments.
Lump-sum settlements, which are common in permanent disability matters, are usually not taxable as long as the payments are related to the workers’ compensation claim and not for other types of damages, like pain and suffering.
When Do I Get My First Check?
Most job injury victims receive their first checks twenty-one days after they report their injuries to their supervisors if a Claims Examiner approves their claims and they follow other protocols. This waiting period doesn’t apply if a Tampa workers’ compensation lawyer works out a settlement or an administrative law judge awards benefits at a hearing.
Most victims aren’t paid for the first seven days they miss. If they miss more than twenty-one days, they receive payment for those first seven days retroactively.
Work With a Tough-Minded Hillsborough County Lawyer
Injury victims are entitled to important financial benefits. For a confidential consultation with an experienced workers’ compensation lawyer in Tampa, contact Kobal Law. The sooner you reach out to us, the sooner we start working for you.
