Workers' Compensation FAQ

Is my employer required to have workers’ compensation insurance?

If your employer has 4 or more employees, then he or she is required to have workers’ compensation insurance. However, determining who qualifies as an employee may not be as easy as it sounds. Sometimes, employers look to avoid workers’ compensation liability by filing for an exemption, hiring employees through leasing companies, or having other employees work as independent contractors. If you have been injured and are unsure as to whether or not your employer was required to have workers’ compensation insurance, contact our firm for a free confidential consultation.

What should I do if I am injured?

Workers’ compensation is a system which provides workers with medical and indemnity benefits if they are injured while in the course and scope of their employment. If you have sustained an injury while at work here are a few tips that you should remember:

1. Report the injury: Under Florida’s Workers’ Compensation law the injured employee has to report the injury within 30 days from the date of the injury. As with all law, there are exceptions; however, this is the general rule.
2. Obtain medical treatment: All too often, employees fail to obtain medical treatment immediately after their injury. Many times, the employee feels that he or she will get better over time or that the injury is minor. A few days later, the employee finds that the pain is either not going away or getting worse and asks his/her employer to see a doctor. At this point, the employer is going to be skeptical and may claim that you hurt yourself at home and are now trying to blame it on work. As such, the best advice is to always report your injury immediately and seek medical treatment immediately.Make sure that when you see a medical provider, it is one that has been approved by your employer or the employer’s insurance company.
3. Obtain an attorney: You should know that the insurance companies have attorneys working for them. I know because I used to represent insurance companies. It is important that you have an attorney on your side and understand all of your rights.
4. Keep track of your mileage and keep receipts: You may be entitled to reimbursement for your out-of-pocket expenses and mileage to and from medical appointments. Make sure you keep track of both.
5. If your doctor releases you to work light duty, you must contact your employer and see if there is light duty available. Too often, employers hope that the injured worker does not come back so that they can terminate him. This is because under workers’ compensation, if you are terminated for cause, you call lose your indemnity (lost wage) benefits.

What medical treatment am I entitled to get?

If you are injured, you are entitled to get all medical treatment that is medically necessary and causally related to your workers’ compensation accident. This includes medical mileage, office visits with the doctor, diagnostic exams, medications, etc. If your employer is not allowing you to obtain medical treatment, you need immediate legal representation.

What if I do not like my doctor?

If you are not satisfied with the doctor that your employer has provided you with, contact an attorney. A workers’ compensation attorney can get a one-time change of doctors and may even be able to pick which doctor you switch to depending on how quickly the insurance carrier responds to your request.

How much money should I be getting while on Workers’ Compensation?

Under Florida’s Workers’ Compensation system there are different benefits depending on the type of case. Below, are the most common benefits you can receive under worker’s compensation:

1. Temporary Total Disability Benefits: If a doctor has directed you not to return to work you can collect temporary disability benefits once you are eligible. This amount will be two thirds (2/3) of your average weekly wages.
2. Temporary Partial Disability Benefits: If a doctor has released you back to work with some restrictions then you are entitled to collect temporary partial disability benefits once you are eligible. This amount will be about sixty-four percent (64%) of your average weekly earnings. However, if you are working, the insurance company gets a dollar for dollar credit on this amount.
3. Permanent Impairment Benefits: At some point during your medical treatment, the doctor will decide that you have reached maximum medical improvement (MMI). This is the point at which the doctor feels that you will not get any better. At this point, he will issue an impairment rating, which is a percentage. This percentage represents how impaired you are as a whole. Benefits under this section vary greatly and are best explained in F.S. 440.15. For an explanation of impairment benefits, schedule your free confidential consultation.
4. Death Benefits: In the unfortunate event that the worker dies as a result of the on-the-job injury, then the decedent’s family is entitled to benefits of up to one hundred fifty thousand dollars ($150,000.00) and funeral benefits of up to $7,500.00.

What if my employer does not have workers’ compensation insurance?

If your employer did not have valid workers compensation coverage when you sustained an on the job accident, call an attorney immediately. Failure to have workers compensation coverage could result in penalties to the employer and, depending on the cause of the accident, increased benefits to you. An experienced attorney will first have to see whether or not the employer was required to maintain workers’ compensation insurance coverage and whether or not you are covered.

What If my employer threatens to fire me if I report my injury or obtain medical treatment?

Florida Statue section 440.205, states that “No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee's valid claim for compensation or attempt to claim compensation under the Workers' Compensation Law.” The reality is that all too often employers terminate employees for getting injured. Because Florida’s worker’s compensation statute forbids this, you may be able to initiate a civil law suit against your employer for retaliatory discharge.

Am I entitled to medical mileage and what does that cover?

Yes, under Florida’s workers compensation statute the injured worker is entitled to be reimbursed for mileage going and coming to the doctor. Medical mileage forms are usually provided by the Carrier. Your attorney can also provide you with a medical mileage form.

What if I was not wearing a safety device?

If injury is caused by the knowing refusal of the employee to use a safety appliance or observe a safety rule required by statute or lawfully adopted by the department, and brought prior to the accident to the employee's knowledge, or if injury is caused by the knowing refusal of the employee to use a safety appliance provided by the employer, the compensation as provided in this chapter shall be reduced by 25 percent.

What if I was intoxicated when injured?

If your employer is denying your claim because they claim that you were intoxicated or under the influence of a drug, you need to contact an attorney to discuss your claim. As a general rule compensation is not payable if the injury was occasioned primarily by the intoxication of the employee; by the influence of any drugs, barbiturates, or other stimulants not prescribed by a physician; or by the willful intention of the employee to injure or kill himself, herself, or another. However, it should be noted that proving intoxication is sometimes very difficult and an attorney should be able to advise you of your rights.

What if I was injured outside of the sate of Florida?

If an accident happens while the employee is employed elsewhere than in this state, which would entitle the employee or his or her dependents to compensation if it had happened in this state, the employee or his or her dependents are entitled to compensation if the contract of employment was made in this state, or the employment was principally localized in this state.

What if I refused to take a drug test?

Generally, if the injured worker refuses to submit to a drug test, it shall be presumed in the absence of clear and convincing evidence to the contrary that the injury was occasioned primarily by the influence of drugs. If you refused to take a drug test, you need to consult with an attorney to evaluate the strength of your case.

What if I had a pre-existing condition?

If an injury arising out of and in the course of employment combines with a preexisting disease or condition to cause or prolong disability or need for treatment, the employer must pay compensation or benefits required by this chapter only to the extent that the injury arising out of and in the course of employment is and remains more than 50 percent responsible for the injury as compared to all other causes combined and thereafter remains the major contributing cause of the disability or need for treatment. Major contributing cause must be demonstrated by medical evidence only.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.