FAQs

Within 7 days of being advised of an injury, an employer must notify their workers’ compensation insurance carrier of the injury.

If an employer is refusing to notify their workers’ compensation insurance carrier of the accident and injury, the inured worker should contact the Employee Assistance Office (EAO) at (800) 342-1741 or via email at wceao@myfloridacfo.com.

Yes. If your employer has 4 or more employees or is in the construction industry, they are required to carry workers' compensation insurance.

If your employer has workers’ compensation insurance coverage, they are required by law to keep a “notice stating that such employer has secured the payment of compensation [...]. Such notices shall contain the name and address of the carrier, if any, with whom the employer has secured payment of compensation and the date of the expiration of the policy […]”. Additionally, you can search the proof of coverage database at the Florida Department of Financial Services website.

You are not paid lost wages for the first 7 days unless you miss a total of over 21 days. This 7-day period is commonly referred to as the waiting period. If your disability extends beyond 21 days, the workers’ compensation insurance carrier will go back and pay you for the first 7 days of your disability.

With extremely rare exceptions, the workers’ compensation insurance company gets to select all of the authorized treating physicians who will treat you over the course of your case. For more details, see our page Top 10 Most Commonly Asked Questions By Injured Workers.

The rate of pay by which you receive lost wages comes from what is called your average weekly wage (AWW). Your AWW is calculated by adding together all gross wages earned during the 13 calendar weeks prior to the week of your industrial accident and dividing by 13. What you get paid per week depends on your work status from your doctors during that time period. If you are on a no work status, you will receive what are called temporary total disability benefits (TTD). These benefits are paid out at 66 2/3% of the AWW. If you are on light duty work restrictions which your employer cannot accommodate, resulting in you having no wages through your employer, you will receive temporary partial disability benefits (TPD). TPD benefits are paid out at a maximum of 80% of your AWW. If you earn wages while on light duty work restrictions, you may still be entitled to some amount of TPD, depending on just how much you are earning after your accident.

Technically, you could continue to get medical treatment for the rest of your life. However, this assumes that you do not allow the statute of limitations to run out on your claim and that you are not involved in any new accidents. If your case remains open and an authorized doctor says that you need treatment and that your need for that treatment is greater than 50% because of your industrial accident, you should be able to receive that treatment under workers’ compensation.

Although the Florida Workers’ Compensation Law indicates that the maximum period of temporary indemnity benefits is 104 weeks, this has been determined to be unconstitutional by the Florida Supreme Court. As a result, the previous version of the pertinent statute has been revived and therefore, the maximum period of temporary indemnity benefits a claimant can receive is 260 weeks (5 years). However, it should be noted that most cases do not result in payment of wages for this long of a period of time. Additionally, there are circumstances where an injured worker cannot return to even sedentary employment. Under such circumstances, the injured worker may be able to receive what are called permanent total disability benefits (PTD). If an injured worker can establish entitlement to PTD benefits, they can receive PTD benefits until at least age 75.

You can request that the workers’ compensation insurance company provide you with a “one-time change” in treating physicians. This request must be made in writing and the change will be to a doctor in the same medical specialty as the doctor you are seeking a change from. If the workers’ compensation insurance company selects the one-time change physician within 5 days, they get to select the doctor. If they do not, the claimant can select the doctor. Please note that an appointment does not have to be set within 5 days of the request. The only thing required is selection of a new doctor within those 5 days. Additionally, an injured worker can select a physician to serve as their expert. This physician is known as an independent medical evaluator (IME). The claimant is responsible for all costs associated with the appointment, including any diagnostic studies. Additionally, the workers’ compensation insurance company must be notified of the designation of a doctor to serve as a claimant’s IME within 15 days of the evaluation. Lastly, this doctor will typically have to be deposed in order to get his opinions into evidence for use at a trial.

In a word, yes. However, settlement is voluntary. Neither party can make the other settle and a Judge of Compensation Claims does not have authority to decide what value a case has for settlement. Settlement is typically reached via informal negotiations between the parties or as a result of a mediation.

No. Neither money paid out for lost wage benefits during the course of a workers’ compensation claim nor money paid out for settlement of a workers’ compensation claim are taxable.

It depends on the date of accident. However, for accidents on or after January 1, 1994, a claim or Petition for Benefits must be filed within two years of the date of accident or within one year of the last payment of compensation or provision of medical treatment, care, or attendance.

Pursuant to the Florida Workers’ Compensation Law, “[d]ate of maximum medical improvement” means the date after which further recovery from, or lasting improvement to, an injury or disease can no longer reasonably be anticipated, based upon reasonable medical probability.

If you are unable to return to the work you were performing at the time of your industrial accident after you reach MMI, you should contact the Division of Workers’ Compensation, Bureau of Employee Assistance and Ombudsman’s Office at (800) 342- 1741, option 4 or by email at wcres@myfloridacfo.com.