Both Florida attorneys and the Florida Division of Workers’ Compensation can provide answers about workplace injuries and insurance coverage for injured workers. If you have been injured in an accident at work, though, you may want some basic information about what will happen and what you can expect from workers’ compensation.
If you have been injured at work, you should seek medical attention right away. You should also report your injury as soon as possible. According to Florida Statutes Section 440.185 , you should report your injury no later than 30 days from the date of your injury or your claim may be affected. Your employer should report the injury promptly, no later than seven days after they first become aware of the injury. Within three days of your employer reporting the incident, the insurance company will send you a brochure explaining your rights and responsibilities under workers’ compensation law.
If you have not received a brochure from the insurance provider or if your employer refuses to contact the insurance company, Florida Statutes Section 440.185 allows you to report the injury directly to the insurance company. You can also seek help from the Employee Assistance Office (EAO) at (800) 342-1741. However, if your employer is trying to deny your injury or is refusing to report the injury, your best option may be to contact a qualified Florida attorney. The law team at Flaxman & Lopez has extensive experience in workers’ compensation cases and can help represent you.
According to Florida Statutes 440.13, workers’ compensation should cover your medical care, treatment, and any prescriptions that are related to your workplace injury. Your medical bills should be sent to your employer’s insurance. Under Florida law, you should also be compensated for time lost from work if your injury extends over 21 days. In a less serious injury, you may not be paid for the first seven days of disability.
Usually, your workers’ compensation benefit check will arrive bi-weekly and will be 66 and two-thirds percent of your average weekly wage. This income will not be taxed and you should receive your first check within 21 days from the time you reported your injury to your employer.
If you are having trouble getting the benefits you are entitled to or if you are not receiving your check, you can speak to an adjuster or claims representative at the insurance company or you can call the EAO. However, it may be a savvy idea to contact qualified Florida attorneys who can represent your case and can speak to the insurance company on your behalf. Also, keep in mind that under Florida Statutes Section 440.205, it is illegal for your employer to fire you because you have filed or are trying to file a workers’ compensation claim. If you are having problems with your claim or if you are being terminated from your job because you are trying to file a claim, contact qualified Florida lawyers to help you.