Workplace injuries can happen in any occupation, regardless of whether you work on a construction site or in an office. On-the-job injuries can result in serious and potentially disabling conditions that can interfere with your ability to perform your job, and can have lasting repercussions when it comes to supporting yourself and your loved ones. Fortunately, the Florida workers’ compensation program provides benefits to people who are injured on the job, such as help with medical costs, reimbursement for lost wages, and temporary or permanent disability payments. Oftentimes, workers are unsure as to the process for claiming or getting workers’ compensation; as such, we have provided answers to some of the most frequently asked questions.
Workers’ Compensation FAQs
When should I notify my employer that I was injured on the job?
According to the Florida Division of Workers’ Compensation (DWC), you should let your employer know as soon as possible that you have been injured on the job. By law, you have 30 days to report your injury, but the sooner the better. Let your supervisor know immediately, then notify your boss both verbally and in writing within the 30-day period to ensure your rights to benefits are protected.
How soon do I need to see a doctor?
Get medical care for your injuries immediately following your accident or after being exposed to hazards. Follow your doctor’s instructions precisely, both in terms of treatment as well as any restrictions on activities. Take all medications, and be sure and attend any follow up appointments.
Can I still get workers’ compensation even if I was partially responsible for my injury?
Under Section 440.09 of the Florida Workers’ Compensation Statutes, you may still be entitled to workers’ compensation even if you were in some way responsible for your injury, provided you were not under the influence of alcohol or drugs at the time of the accident, and were not in violation of job safety standards or knowingly refused to wear a safety device, such as a harness or hard hat.
When will I receive my first check?
According to the DWC, you should receive your first workers’ compensation check within 21 days after reporting your injury, and then biweekly thereafter.
How much am I likely to receive?
Generally, workers receive 66 2/3 percent of their average weekly wage. To get an estimate in regards to partial or total disabilities, you can use the DWC Benefit Calculators.
Can I be fired for collecting workers’ compensation benefits?
No. Under Section 440.205 of the state Workers’ Compensation Statutes, it is illegal to fire an employee because they are collecting or attempting to collect workers’ compensation benefits.
What if my workers’ compensation claim is denied?
If you have been denied workers’ compensation benefits, you may file an appeal. While the DWC Employment Assistance office offers some assistance, your best bet for getting the benefits you are entitled to is to consult with our experienced workers’ compensation attorney.
Let Us Help You
If you have been injured on the job, contact our experienced Florida workers’ compensation attorneys. At Hogan Frick, we provide aggressive legal representation to get injured workers the benefits they deserve under the state workers’ compensation laws. We can advise you on the types of compensation you may be entitled to, while working hard to defend and protect your rights. Serving the Orlando, Gainesville, Ocala, Kissimmee, and Lakeland areas, we can help; call or contact us online today for a free and confidential consultation.