Below is a list of our frequently asked questions. If your question is not answered here, please call us at 866-804-1160 and we will be happy to assist you.
1. What is the Florida workers' compensation law?
The Florida workers' compensation law provides financial and medical benefits for workers who are injured or become ill due an accident at work.
2. How does the Florida workers' compensation law protect workers?
The Florida workers' compensation law protects workers by making sure they receive coverage for medical bills and lost wages if they get hurt on the job, regardless of fault.
3. What are the benefits of the Florida workers' compensation law?
Benefits under the Florida Workers' Compensation Law include payment of medical expenses and lost wages while an employee is recuperating from a work-related injury or illness, as well as rehabilitation costs incurred during recovery from the injury or illness.
4. How does the Florida workers' compensation law impact employers?
The Florida Workers' Compensation Law impacts employers by providing them with guaranteed protection against lawsuits arising from work-related injuries covered by their insurance policy, as well as providing employers with cost control features such as discounts for safety programs and employee training programs designed to prevent workplace accidents and improve productivity in general. An injured worker cannot sue their employer for basic negligence, pain & suffering, once workers compensation benefits are claimed.
5. What are the rights of workers under the Florida workers' compensation law?
Under Chapter 440, Florida Statutes, covering Florida Workers’ Compensation Law, workers have the right to file a claim for medical benefits and lost wages if they suffer an injury or illness related to their job duties that is not covered under any other contractual agreement between themselves and their employer, such as a collective bargaining agreement.
6. How do I file a workers' compensation claim in Florida?
To file a worker's compensation claim in Florida, you must complete Form DWC-1 (Employee Claim), which can be found online at http://www.myfloridacfo/DivisionofWorkersCompensation/Claims/. Usually, the office manager or supervisor for the employer fills out the Notice of Injury once the injury is reported, giving a copy to the injured worker while notifying their insurance company.
7. How long do I have to file a workers' compensation claim in Florida?
Generally, the employee has 30 days to provide notice of the injury to their employer of the injury, they have two years from the date of workplace injury to file a workers' compensation claim in Florida. After 2 years, the statute of limitations is tolled for 1 year after the last provided lost wage or remedial medical care.
8. What benefits am I entitled to under Florida workers' compensation law?
Under Florida law, you are entitled to medical care and wage replacement benefits if you suffer an injury as a result of your work accident.
9. How much will my workers' compensation benefits be in Florida?
The amount of your benefit payments depends upon several factors including type and duration of disability, and the average weekly wages earned before the incident occurred. The maximum benefit rate is set by statute each year and adjusted for inflation annually which will serve as the basis for determining the potential ceiling for how much you'll be paid per week while on leave due to a work-related injury (WRI).
10. What 4 types of issues are not covered by workers compensation?
Four types of issues not covered by workers compensation include: intentional self-inflicted injuries, alcohol or drug related injuries, physical fights outside the workplace, and physical injury working as an independent contractor.
11. What happens at a workers comp trial in Florida?
At a workers comp trial in Florida, both parties (the employee and employer) must provide documentation to prove their respective points. Evidence presentation can be complex, and usually involves doctor testimony about the extent of the injury, as well as factual witnesses about the accident itself and the lost wage issues.
12. What is the Florida Arbitration Process for Workers Compensation Claims?
Workers compensation arbitration in the state of Florida is a process where an injured worker can resolve a dispute with their employer or insurance company regarding a workers compensation claim. In order to access this dispute resolution system, both parties must agree to go through arbitration. An Arbitrator is an experienced practitioner who has been chosen by both parties to resolve disputes and award or deny benefits. Much of the evidence presentation is the same, just streamlined. An award by an arbitrator has the same force and effect as a Judge of Compensation claims order.
