|
Workers' Compensation FAQ
1. Can my employer fire me if I am out
and receiving workers’ compensation
benefits?
Yes. You should not be fired in retaliation
for filing a
workers’ compensation claim.
However, the workers’ compensation law does
not require your employer to hold your
position for you until you can return to
work. If you have questions about your
claim, contact the
Florida workers' compensation attorneys at
Rosen & Rosen, P.A..
2. Must I be released to full duty before
I can return to work?
No. Your doctor may release you for modified
or light duty work before you have reached
maximum medical improvement (MMI).
3. Is my employer required to have
workers’ compensation insurance?
Employers with four or more employees,
part-time or full-time, are required to have
workers’ compensation coverage. An employer
in the construction industry with one or
more employees is required to have
insurance.
4. Where does my workers’ compensation
benefit check come from?
It comes from your employer’s workers’
compensation insurance company (the carrier)
or from your employer if the company does
not have insurance.
5. Are workers’ compensation benefits
taxable?
No.
6. When will I get my first check?
The earliest date you can expect your first
check is within three weeks of your injury.
This can only happen if you reported your
workplace injury to your employer immediately. The
carrier is required to send a check within
fourteen days after learning you will be
disabled for more than a week.
7. Do I have to pay any of the medical
costs?
Your employer or its workers’ compensation
insurance company must pay for all approved
and medically necessary care. If you are
injured on or after January 1, 1994, you are
required to pay a $10.00 co-payment per
visit for medical treatment after you reach
maximum medical improvement (MMI).
8. How are the doctors and other health
care providers paid?
All authorized health care providers must
bill your workers’ compensation insurance
company directly. If you receive a bill,
mail it to the insurance company or to your
lawyer. Do not pay it yourself.
9. Can I choose my own doctor?
No. Your employer or its workers’
compensation insurance carrier can choose
the doctor to treat you. If you are unhappy
with the doctor chosen by the carrier or
want to request a second opinion, we must
ask the carrier to provide you with another.
As a general rule, you cannot go to a doctor
the insurance company has not approved. If
you go to your own doctor, you will probably
end up responsible for payment of the bills.
10. When is an impairment rating
assigned?
When you reach maximum medical improvement (MMI),
your treating doctor must give you an
impairment rating if you have a permanent
loss of function of a part of your body.
When that date is approaching, it is
important that you let our office know.
11. Am I entitled to a lump-sum
settlement of my case?
A lump-sum settlement is allowed but is not
mandatory. Any negotiations are strictly
voluntary between the injured worker and the
insurance company. A judge cannot force the
insurance company to settle your case.
For more information, please see our related
pages:
Workers'
Compensation
Workplace
Injury
Back to Top
<
Back to Frequently Asked
Questions
|
