Work Comp FAQs!

Hi all! There is often confusion about what does and does not qualify as a Workers’ Compensation claim or what type of benefits you may be entitled to. Although I have discussed some of these questions before, I wanted to refresh your memory and shed some light on some Frequently Asked Questions. Hope this helps!

1. Will I be paid if I lose time from work?

- 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.

2. Who pays for Work Comp. benefits?

- Employers who do not pay for benefits typically purchase workers’ compensation insurance to cover the benefits for employees. Most states require businesses to carry workers’ compensation insurance

3. What is not covered by Work Comp.?

-Although this can vary by state, I wanted to include some examples of what is generally not covered by Work Comp.:

Injuries received by a fight that an employee started

Injuries an employee sustains due to being intoxicated in the workplace

Injuries an employee gets intentionally

4. Is it possible to receive Social Security and Work Comp. benefits at the same time?

- Yes. However, an offset, or reduction in your workers' compensation check may be applied because the law states that the two combined may not exceed 80 percent of your average weekly wage earned prior to your injury.

5. What is my time limit to file?

- Generally, there is a two (2) year period to file a Petition. However, it depends on the type of issue in dispute.

6. What happens if I settle my claim for medical benefits, but my pain or injury becomes worse after?

- You are responsible for your future medical needs after your claim for medical benefits is settled.

7. When will I receive my first Work Comp. check?

- You should receive your first check within 8 to 21 days following the date of the accident.

8. What is modified duty work?

- “Modified duty” work refers to a position or job created by an employer to specifically comply with any physical limitations an authorized treating physician has placed on an injured worker.

9. Can I be fired by my employer while I am on leave for a Work Comp. claim?

- No, your employer cannot fire you for filing a workers’ compensation claim. If they do, the Florida statutes allow you to file an action for wrongful termination.

10. How long after an injury do I have to report my injury?

- Report your injury immediately. You have 30 days to report your injury, but if you do not do so in a timely manner, your claim may be denied for failure to notify your employer.

I hope you found this blog helpful. If you have any further questions regarding Workers’ Compensation or a Work Comp. claim that you may have, contact our office to schedule your free consultation with Marcie Baker!

***The information contained in this blog in no way constitutes legal advice of any form. If you have a claim or legal question you would like to discuss, please feel free to contact our office to schedule your free consultation.

Sources: https://www.thehartford.com/workers-compensation/questions-answered https://www.myfloridacfo.com/division/wc/employee/faq.htm https://www.floridaworkers.org/faq/