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Workers' Compensation

PH: 813-224-0000

Workers’ compensation refers to a system of laws outlining specific benefits to which injured employees are entitled, and the procedures for obtaining such benefits.

Workers’ Compensation FAQ’s: 41-60

Yes, for dates of accident occurring on or after 7/01/09, any fees paid by the injured worker for benefits secured are 20% of the first $5,000.00, 15% of the next $5,000.00, and 10% of anything over $10,000.00. For dates of accident prior to 7/1/09 or fees payable to the Employer/Carrier, the amount of the fee can vary depending on the circumstances. The fee amount of any potential settlement is 25%. There are no upfront fees or charges that you pay.

Provided your employer is required to have workers’ compensation insurance, meaning that they do construction related work or have 4 or more employees, you have the option of still pursuing workers’ compensation benefits directly from your employer or suing your employer in a tort claim in Circuit Court.

No. You are allowed to use the pharmacy of your choice. However, the pharmacy is limited to the workers’ compensation fee schedule payment or any medication they provide you with.

No. Pursuant to Florida law, an Employer cannot retaliate against an injured worker because they filed a workers’ compensation claim. If you believe that you have been fired because you were injured at work, you should consult a qualified attorney immediately.

The answer depends on the kind of work your employer engages in. If your employer is involved in construction related work, they must have coverage for any employees. If your employer is not involved in construction related work, they are only required to have coverage if they have 4 or more employees.

Virtually all health insurance policies will exclude treatment for work related injuries that are covered by workers’ compensation.

The answer to this question varies depending on your date of accident and whether the treating physicians have determined that you are at maximum medical improvement for your work related injury.

Yes. However, there are strict time limitations on the filing of an appeal.

You are entitled to workers’ compensation medical benefits as soon as you are injured. You cannot collect monetary compensation for the first 7 days of your disability unless your injury results in disability that last for more than 21 days.

Provided your Employer has a valid workers’ compensation insurance policy, you are covered starting with your first day at work.

Yes. However, due to recent changes in the Florida workers’ compensation law, it can be all but impossible to prove claims arising from sickness or disease. It is not advisable that any injured worker attempt to go forward with a claim based on sickness or disease without the assistance of a qualified attorney.

Heart attacks can be covered under workers’ compensation, if there is proof that the work performed in one’s employment is the major contributing cause of the heart attack. Like sickness and diseases, this is a very technical part of the law and every case is different, especially if one is a firefighter, police officer or first responder, which has its own set of rules and presumption in favor of the employee.

Yes and lateness has to be defined in very strict technical means. Generally, if the check hasn’t been paid, but, is due for more than 7 days, a 20% penalty is owed.

Your employer can go out of business while you are getting workers’ compensation benefits, but, their insurance carrier will have to continue to make the payments. If the insurance company goes out of business, that state’s guarantee program has to take it over and pay.

One in which the employer/Carrier/Servicing agent agrees or a Judge of Compensation Claims decides that you have suffered an injury while in the course and scope of your employment and your injures/conditions are caused by that accident/injury.

The law on pre-existing conditions is very complicated, but, you can have a pre-existing condition that is aggravated and get treatment for same, depending on certain things. The employee must prove that the injury sustained in the course and scope of employment is the major contributing cause of need for treatment. Like sickness and diseases, this is a very technical part of the law.




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