Boca Raton Workers’ Compensation Lawyer FAQs: Your Complete Guide to Workers’ Comp Benefits in Florida

If you’ve been injured at work anywhere in Florida, navigating the workers’ compensation process can feel overwhelming. Below are some of the most frequently asked questions our workers’ compensation lawyers report to help you better understand your rights, the claims process, and what to expect when filing for workers’ compensation benefits.

How long do I have to report a workplace accident to my employer?

Under Florida law, you must report your workplace accident to your employer within 30 days of the incident. While this is the maximum timeframe allowed, it’s always best to report the injury as soon as possible to avoid complications. If you delay beyond 30 days, your workers’ compensation claim could be denied (Section 440.185, Florida Statutes).

Florida Workers Compensation Statute of Limitations

When is my employer required to report my injury to their workers’ compensation insurance provider?

Once you notify your employer of your workplace injury, they are legally required to report the incident to their workers’ compensation insurance provider within seven days. Following this, the insurance company must send you important information about your rights, responsibilities, and Florida’s workers’ compensation laws within three days. This packet includes a brochure that outlines the entire workers’ compensation process. If you have questions during this time, a workers’ compensation attorney can provide guidance to ensure your claim proceeds smoothly (Section 440.185, Florida Statutes).

What should I do if my employer does not report my injury?

If your employer fails to report your workplace injury as required, you have the right to report the injury directly to the workers’ compensation insurance company. You can seek help from the Employee Assistance Office (EAO) by emailing wceao@myfloridacfo.com or calling 800-342-1741. Consulting with a workers’ compensation lawyer can also be helpful to make sure your claim is filed correctly and promptly, ensuring that you receive the benefits you are entitled to under Florida law (Section 440.185, Florida Statutes).

What kind of medical treatment can I seek under workers’ compensation?

Under workers’ compensation, your employer or their insurance provider will authorize the necessary medical treatment for your injury. This includes doctor visits, hospital stays, surgeries, medications, physical therapy, and rehabilitation services. All medical care must be pre-approved by the insurance company to ensure coverage. A workers’ compensation attorney can help ensure that you are receiving the appropriate care based on your injury (Section 440.13(2), Florida Statutes).

Will I have to pay for my medical expenses out of pocket?

No, under Florida’s workers’ compensation laws, all authorized medical expenses related to your workplace injury should be covered by your employer’s workers’ compensation insurance. This includes doctor visits, medications, and necessary therapies. A workers’ compensation lawyer can assist you if any issues arise regarding the payment of your medical bills, ensuring that you are not unfairly burdened with out-of-pocket expenses (Section 440.13(14), Florida Statutes).

Am I eligible for compensation for time off work?

Yes, if your workplace injury prevents you from working for more than seven days, you are eligible for wage compensation. However, you won’t receive payment for the first seven days unless your disability extends beyond 21 days. In that case, you will be compensated for all missed workdays, including the initial seven. If you need help calculating your benefits or filing for compensation, a workers’ compensation attorney can assist (Section 440.12, Florida Statutes).

How much will I receive in wage compensation?

In Florida, injured workers typically receive 66% of their average weekly wage (AWW) as compensation. This payment is issued biweekly. The AWW is calculated based on your earnings during the 13 weeks leading up to your injury. However, the amount cannot exceed the state-imposed limit. For injuries that occurred prior to October 1, 2003, the AWW is calculated using wages earned during the 91 days before the injury. A workers’ compensation lawyer can help you understand how your wage compensation is calculated and ensure that the correct amount is being paid (Sections 440.02(28) & 440.14, Florida Statutes).

Do I need to pay taxes on workers’ compensation benefits?

No. Workers’ compensation benefits are not considered taxable income under federal or state law. However, if you return to work on light duty and earn wages, those wages will be subject to regular income tax. For further details, visit the IRS website at www.irs.gov.

When will I start receiving my workers’ compensation checks?

You should begin receiving your workers’ compensation checks within 21 days of reporting your injury to your employer (Section 440.20, Florida Statutes). If your payments are delayed, you may need to follow up with the insurance company or seek assistance from the Employee Assistance Office

How long can I receive benefits for a temporary disability?

If you are receiving Temporary Total Disability (TTD) or Temporary Partial Disability (TPD) benefits, Florida law allows you to collect these payments for up to 104 weeks. If your disability persists after this period, you may qualify for Permanent Total Disability (PTD) benefits (Section 440.15(2), Florida Statutes).

Can I collect Social Security benefits and workers’ compensation at the same time?

Yes, you may receive Social Security Disability Insurance (SSDI) benefits alongside workers’ compensation, but your combined income cannot exceed 80% of your pre-injury AWW. If your total income exceeds this threshold, your SSDI benefits will be reduced. For more information, contact the Social Security Administration at www.ssa.gov or 800-772-1213 (Section 440.15(9), Florida Statutes).

Can I collect re-employment assistance (unemployment) and workers’ compensation benefits?

No, you cannot receive both re-employment assistance (unemployment benefits) and workers’ compensation benefits at the same time. To qualify for unemployment benefits, you must be medically able to work, which typically isn’t the case for workers who are still receiving workers’ compensation. If you are medically cleared for work and looking to return, consult with a workers’ compensation lawyer or attorney to understand your eligibility (Section 440.15(10), Florida Statutes).

What should I do if I don’t start receiving my workers’ compensation benefits?

If you haven’t received your workers’ compensation benefits within the expected timeframe, the first step is to contact the workers’ compensation insurance company. If this does not resolve the issue, you can seek assistance from the Employee Assistance Office (EAO) by calling 800-342-1741. A workers’ compensation lawyer can also help expedite the process by communicating with the insurance provider on your behalf (Section 440.14, Florida Statutes).

Is my employer required to hold my job while I recover on workers’ compensation?

No, your employer is not legally required to hold your position while you recover on workers’ compensation. However, Florida law does protect you from being fired in retaliation for filing a workers’ compensation claim. If you believe you’ve been wrongfully terminated, a workers’ compensation attorney can help protect your rights and pursue legal action (Section 440.205, Florida Statutes).

What happens if I can’t return to my previous job after my injury?

If your workplace injury results in a permanent disability that prevents you from returning to your former job, you may be eligible for re-employment services. These services, often facilitated by a workers’ compensation lawyer or attorney, can include vocational training or retraining for a new career. Reach out to the Department of Financial Services for guidance (Section 440.491, Florida Statutes).

What can I do if my workers’ compensation claim is denied?

If your workers’ compensation claim is denied, you have the option to appeal. You can file a Petition for Benefits or consult a workers’ compensation attorney to help resolve the dispute. The Employee Assistance Office (EAO) can also provide additional guidance. Make sure to file your appeal within two years of the incident to preserve your right to benefits (Sections 440.191 & 440.192, Florida Statutes).

Is there a time limit for filing a Petition for Benefits?

Yes, Florida workers’ compensation law typically allows two years to file a Petition for Benefits. In certain circumstances, this time limit may vary, so it’s crucial to act promptly. A workers’ compensation lawyer or attorney can help you navigate the timeline and ensure all documents are filed on time (Section 440.19(1), Florida Statutes).

Can I settle my workers’ compensation claim?

Yes, it is possible to settle a workers’ compensation claim, often through a voluntary settlement with the insurance company. Before agreeing to any settlement, it’s important to consult a workers’ compensation attorney to ensure that the terms are fair and that all future medical expenses are adequately covered. Settlements are permanent, so review them carefully (Section 440.20(11), Florida Statutes).

What is a workers’ compensation impairment rating, and how does it affect my claim?

A workers’ compensation impairment rating is used to measure the degree of permanent damage you have sustained due to a workplace injury. This rating is determined after you reach Maximum Medical Improvement (MMI) and plays a critical role in determining the compensation you may receive, especially for Permanent Partial Disability (PPD). If you disagree with the rating, a workers’ compensation lawyer can help challenge it or obtain a second opinion.

Can I receive workers’ compensation and Social Security Disability Insurance (SSDI) benefits at the same time?

Yes, you can receive both workers’ compensation and SSDI benefits. However, the combined amount of workers’ compensation benefits and SSDI cannot exceed 80% of your pre-injury average weekly wage (AWW). If the combined amount exceeds this cap, your SSDI benefits will be reduced. A workers’ compensation attorney can guide you through this process to ensure you receive the maximum compensation available.

What is Maximum Medical Improvement (MMI), and how does it impact my workers’ compensation case?

Maximum Medical Improvement (MMI) is the point at which your condition is not expected to improve further, even with ongoing treatment. Once you reach MMI, your workers’ compensation benefits may shift from Temporary Total Disability (TTD) to Permanent Partial Disability (PPD) payments, depending on your impairment rating. A workers’ compensation lawyer can help ensure that your benefits are adjusted correctly based on your MMI status.

Can I receive vocational retraining under workers’ compensation?

Yes, if your injury prevents you from returning to your previous job, you may be eligible for vocational retraining benefits under workers’ compensation. These benefits can help you acquire new skills or transition to a different job. A workers’ compensation attorney can help you access these benefits and ensure you receive the support needed to re-enter the workforce.

Can I settle my workers’ compensation claim for a lump sum?

Yes, workers’ compensation claims can often be settled for a lump sum, but it is vital to consult a workers’ compensation attorney before agreeing to a settlement. Accepting a lump sum could prevent you from receiving future medical benefits, so it’s crucial to ensure that the settlement covers all anticipated costs for your medical care and lost wages.

What happens if I am injured while commuting to or from work?

In some cases, workers’ compensation may cover injuries sustained while commuting, particularly if you were performing work-related tasks (such as attending a meeting or running errands for your employer). However, typical commuting between home and work is generally not covered under Florida’s workers’ compensation system. A workers’ compensation lawyer can help assess whether your situation qualifies for coverage.

Injured on the Job in Miami, Fort Lauderdale, or Boca Raton? Contact Our Expert Workers’ Compensation Lawyers Today!

If you’ve been injured on the job in Miami, Fort Lauderdale, or Boca Raton, don’t navigate the complex workers’ compensation process alone. The expert workers’ compensation lawyers at the Workers Compensation Lawyer Coalition are here to help you secure the benefits you deserve. From filing claims to dealing with denied benefits, our dedicated team is ready to fight for your rights every step of the way.

Contact us today at (786) 686-2857 for a free consultation and let us help you get the compensation you’re entitled to!

​