FAQs About Workers’ Compensation

Workers’ compensation law has changed significantly in Florida in recent years. Therefore, many people have many questions about their rights and obligations. The law has changed, but the role of a Tampa workers’ compensation lawyer hasn’t changed. Then as now, a partnership with a lawyer ensures maximum benefits for your job-related injury. These benefits usually include lost wage replacement and medical bill payment.

How Long After an Accident Do I Have to Report It To My Employer?

Trauma injury victims (falls, etc.) must report their injuries within thirty days. The extended time period gives these victims a chance to see a doctor and determine if their injuries merit filing workers’ comp. Because let’s face it. Employers sometimes discriminate against workers’ comp filers, even though such discrimination is illegal.

When Should My Employer Report the Injury to the Insurance Company?

Employers cannot sit on workers’ comp claims. Your employer should report the injury as soon as possible, but no later than seven days after the filing date. The insurance company must send you an informational brochure within three days. The brochure must explain your rights and responsibilities, as well as provide additional information about the workers’ compensation law. If you need more information, or if the brochure is in a language you don’t understand, contact a Tampa workers’ compensation lawyer.

My Employer Won’t Report My Injury. What Can I Do?

Technically, you can report it yourself. However, it’s much better to partner with a lawyer at this point. The employer’s refusal to follow the law will only get worse.

What Kind of Medical Treatment Can I Get?

The medical provider, authorized by your employer or the insurance company, will provide the necessary medical care, treatment and prescriptions related to your injury. You have the right to a second opinion as well.

Do I Have To Pay Any Medical Bills?

No. All authorized medical bills should be submitted by the medical provider to your employer’s insurance company for payment.

Will I Be Paid if I Lose Time From Work?

Under Florida law, you are not paid for the first seven days of disability. However, if you lose time because your disability extends to over 21 days, you may be paid for the first seven days by the insurance company.

How Much Will I Be Paid?

The rule is complex. In most cases, your benefit check, which is paid bi-weekly, is two-thirds of your average weekly wage. If you were injured on or after October 1, 2003, your average weekly wage is calculated using wages earned 13 weeks prior to your injury, not counting the week in which you were injured.

In addition, if you worked less than 75 percent of the 13 week period, a similar employee in the same employment who has worked 75 percent of the 13-week period or your full time weekly wage shall be used.

Do I Have to Pay Income Tax on This Money?

No. However, if you go back to work on light or limited duty and are still under the care of the authorized doctor, you will pay taxes on any wages earned while working.

If I’m Temporarily Disabled, How Long Can I Get These Checks?

You can receive Temporary Total, Temporary Partial Disability payments or a combination of the two benefits during the continuance of your disability for no more than a maximum of 104 weeks.

 Reach Out to a Thorough 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. Virtual, home, and hospital visits are available.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.19.html