Workers' Comp FAQ
Following are some common workers compensation questions and answers that you may find helpful. If you are having a problem receiving workers comp benefits, including medical expenses and lost income, contact Rosenberg & Rosenberg , P.A. today.
- Q: How long do I have after an accident to report it to my employer?
- A: You have 30 days to report your accident or injury to your employer.
- Q: How long does my employer have report the injury to their insurance company?
- A: Your employer has 7 days after the employer learns of the injury to report it.
- Q: How much of my medical bills will be paid by workers comp insurance?
- A: All authorized medical bills should be submitted by the medical provider to your employer's insurance company for payment.
- Q: Do I get to choose my doctor?
- A: Florida law was changed in 1997 to require all employers to provide all medically necessary treatment through managed care arrangements. Workers must see authorized treating physicians to treat their injuries. However, injured workers are allowed a one time change in their authorized treating physician and are also allowed to obtain a second opinion by a doctor practicing the same specialty as the authorized treating physician. They are also allowed one independent medical examination by a qualified treating physician if unsatisfied with the care provided by the authorized treating physician.
- Q: What if I lose time from work because of the injury? Am I paid for this time?
- A: 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 66 2/3 percent of your average weekly wage. If you were injured after October 1, 2003 , your average weekly wage is calculated using wages earned 13 weeks prior to your injury, not counting the week in which you were injured. If you worked less than 75% of the 13 week period, a similar employee in the same employment who has worked 75% of the 13-week period or your full time weekly wage will be used. You should receive the first check within 21 days after reporting your injury to your employer.
- Q: What if I have notified my employer of my injury but am having problems receiving benefits?
- A: Contact an experienced workers compensation law firm. Rosenberg & Rosenberg, P.A. can evaluate your case and determine an appropriate course of legal action aimed at maximizing your monetary recovery.
