Workers’ Compensation FAQs For Florida Employees
The Bureau of Labor Statistics reported that there were 2.8 million nonfatal workplace injuries among private industry employees in 2019. As the number of workplace injuries rise, so too do the number of workers’ compensation claims. The following article will provide the answers to some frequently asked questions regarding the workers’ compensation process in Florida.
- When should I report my workplace accident to my employer?
You should report your workplace accident to your employer as soon as feasibly possible. According to Florida Statute § 440.185, if you take longer than 30 days to report the accident, you may be unable to file a workers’ compensation claim later on, unless:
- The employer (or employer’s agent) had actual knowledge of the injury
- The cause of the injury could not be properly identified until a medical opinion was issued, and the employee informed the employer within 30 days after receiving the medical opinion that the injury occurred within the scope of employment
- The employer did not adequately put employees on notice regarding reporting requirements
- Other exceptional circumstances
- Will I be responsible for paying for my medical bills?
No. According to Florida Statute § 440.13(13), health care providers are not allowed to collect or receive payment from injured employees. Instead, health care providers are required to seek payment from the employer. As such, you should be able to submit any medical bills to your employer’s insurance company, who will pay them.
- If I cannot work due to my injury/disability, will I be compensated for lost time from work?
According to Florida Statute § 440.12, claimants will typically not be compensated for the first 7 days of disability. If however, your disability lasts more than 21 days, you will be compensated for the first 7 days of disability.
- When can I expect my first workers’ compensation check?
According to Florida Statute § 440.20, claimants can expect to receive their first workers’ compensation check within 21 days of the date they report the injury to the employer.
- 5. Will I have to pay taxes on the workers’ compensation payments I receive?
You will not have to pay taxes on the payments you receive unless you return to light or limited duty and are still under the care of the authorized physician. If this occurs, you will have to pay taxes on the wages you earn while working.
- Can I receive workers’ compensation benefits and Social Security benefits simultaneously?
Yes, however according to Florida Statute § 440.15(9), your workers’ compensation benefits may be reduced because the combined benefits cannot exceed 80% of the average weekly wage you received prior to your injury.
Filing for Workers’ Compensation Benefits Can Be A Complicated Process. Speak with an Ocala, Florida Attorney
If you are having a difficult time filing for workers’ compensation benefits or understanding the process, don’t try to deal with it alone. The Ocala workers’ compensation lawyers at the Musleh Law Firm have extensive experience in helping clients understand the process and receive the benefits they are entitled to. You can contact our office at (352)-732-0600 or submit an online form to schedule an initial consultation.
Resources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.15.html
bls.gov/news.release/pdf/osh.pdf
