- Frequently Asked Questions
Frequently Asked Questions about Worker's Compensation in Florida
As longtime Workers' Compensation attorneys in Miami, Florida, we hear all types of questions about workers' compensation from our clients on a daily basis. So we compiled a short list of some of the most common questions, along with the answers we usually provide.
Every case is different, so if you have specific questions about your workers' compensation case that are not answered here, contact the workers' compensation lawyers at The Hoffman Firm to discuss the particular aspects of your workers' compensation case. We represent clients from all over South Florida, including Miami-Dade County, Broward County, and Palm Beach County, as well as the cities of Miami, Fort Lauderdale, West Palm Beach, and all surrounding cities, towns, and communities.
FAQs about Workers' Compensation in Miami, FL
What should I do if I have been injured at my workplace?
If you’ve been injured on the job, you have 30 days to file a workers’ compensation claim. Your employer or your employer’s workers’ compensation insurance company should be able to reimburse you for your approved and authorized doctor visit(s). Make sure you take notes about the circumstances surrounding your accident. Note how the injury affects your ability to perform your job duties. It can be helpful to interview any witnesses such as co-workers or customers who may have seen your injury occur.
Keep records of every communication regarding the workers’ compensation claim process. Contact The Hoffman Firm today, to talk to an attorney who can help you with your case.
How long after my accident do I have to report it to my employer?
In general, you have 30 days to report your accident or injury to your employer or your employer's insurance carrier. This time period may be extended depending on the circumstances surrounding the case.
How long does my employer have to report the injury to its insurance company?
Usually, your employer should report the incident to the insurance company within seven (7) days of learning of the accident. (This may vary if you have been granted an extension).
How much of my medical bills will be paid by the workers’ compensation insurance company?
All authorized medical bills should be submitted by the medical provider to your employer’s insurance company for payment.
Do I get to choose my doctor?
Florida law requires employers and insurance companies to provide all necessary medical and other related treatment with authorized doctors. Injured workers, however, are usually allowed a one-time change in their authorized physician. In most cases, an employee can receive an independent medical examination by a qualified physician if unsatisfied with the care provided by the authorized physician.
What if I lose time from work because of the injury? Am I paid for this time?
Unfortunately, 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. In most cases, your bi-weekly benefit check will be two-thirds of your average weekly wage.
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.
What if I have notified my employer but still have problems receiving benefits?
If you have any problems receiving medical benefits, lost wages or other benefits, contact The Hoffman Firm today!
Can my employer fire me if I am unable to work because of an injury while I am receiving workers’ compensation benefits?
No. It is against the law to fire you because you have filed or attempted to file a workers’ compensation claim.
Find an Attorney to Answer Questions about Workers' Comp in Miami, FL
If you were injured on the job, notify your employer as soon as possible and contact The Hoffman Firm within 30 days of the incident to discuss your case.
If you have unanswered questions about your particular case or circumstances, the knowledgeable workers' compensation lawyers at The Hoffman Firm will be able to supply answers.
If you or a family member were injured at work, contact The Hoffman Firm today. Please do not hesitate to call us and schedule a free consultation. There are NO FEES or COSTS unless you win. Call us today at (305) 940-2307 for a FREE consultation.
This article was last updated on Tuesday, May 24, 2016.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More