Frequently Asked Questions About Workers’ Compensation

Want to learn more about workers’ compensation in the state of Florida? Read our answers to frequently asked question about workers’ compensation, and contact our firm at (407) 694-9290 to schedule your free consultation today!

How much is workers’ comp? How much is my case worth?

The amount awarded in a workers’ compensation case varies greatly depending on factors within each case, including the severity of the injury and the body parts injured in the accident. The value of the settlement is not determined by a judge, but rather by how much an insurance company deems a claim is worth. In most cases, an employer will be made to pay some portion of an employee’s lost wages during the time of his or her injury, as well as any of his or her medical expenses.

How do I go about receiving workers’ comp?

There are two ways to go about beginning the worker’ compensation process. The first way is to simply notify your employer of your job-related injury within 30-45 days after it occurs. If your employer carries workers’ compensation insurance and accepts your claim, they will begin the workers’ comp process with you. You can also begin the workers’ compensation process by seeing an authorized doctor and filling out a workers’ comp claim form, which is then submitted to your employer and their insurance carrier. Should your employer reject your claim, it will be necessary to seek legal assistance.

Can I sue my employer directly for my workers’ compensation injury?

Generally speaking, you cannot sue your employer for a workplace injury. However, there are notable exceptions to this rule, including suits for an employer’s torts, suits for injuries caused by third parties, and suits for the wrongful denial or termination of workers’ compensation.

Where can I go for medical treatment? Can I see my own doctor?

You must receive treatment from a medical provider that has been authorized by your employer or their insurance company.

When does workers’ comp start paying?

At least some form of workers’ compensation will begin immediately. Medical expenses, however, can take longer to settle (typically months or years).

How long do I have to be out of work before the workers’ compensation carrier will begin paying my lost wages?

You have to be out of work one week before becoming eligible for workers’ compensation (lost wage benefits).

What is AWW?

Average weekly wage (AWW) is used to determine the employee’s rate of temporary total or partial disability or permanent total disability. It is usually determined by taking an employee’s average weekly wage for the 13 weeks before the accident, not counting the week of the accident.

How much does workers’ compensation pay in lost wages?

The amount provided through workers’ compensation depends on the type of compensation received, which is in turn dependent on the type of injury suffered. Types of workers’ compensation in Florida include temporary total disability (TTD), temporary partial disability (TPD), permanent partial disability (PPD) or IBs, permanent total disability (PTD), rehabilitation temporary total disability, and death benefits. In most cases, you will be entitled to receive a check for 66.6667% of your average weekly wage, plus medical payments.

What is the maximum amount of time an injured worker can receive lost wages?

5 years unless you are adjudicated to be permanently and totally disabled which makes you eligible to receive lost wages until you reach the age of 75.

If I am unable to return to the same type of work once my medical treatment has been completed what do I do?

In cases where you cannot return to your past position after completing medical treatment due to physical complications, you may be entitled to permanent disability benefits from your employer.

If I am terminated from my job, is the workers’ compensation provider still liable to pay benefits?

Regardless of the reason why you were fired, your workers’ compensation will not end upon your termination. Your medical benefits should continue despite being let go from your job, and you will remain eligible for last wage benefits.

Want to learn more about workers’ compensation in the state of Florida? Contact our firm at (407) 694-9290 to schedule your consultation today!

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