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Workers' Compensation FAQ

Being injured on the job introduces a whole host of new, unique and complex legal issues. Although cases will always vary on a unique and personal basis, there are some general things injured workers should understand when learning about their legal rights and exploring their options for workers' compensation.

Our Fort Lauderdale workers' comp lawyers have answered the following frequently asked questions to provide local injured works with the information they need.

WHAT EXACTLY IS WORKERS' COMPENSATION?

Workers' compensation is a no-fault insurance coverage that most employers in the state of Florida are required to have. It provides benefits – including medical care and wage supplementation – to employees who experience injuries or illnesses while on the job.

DOES MY INJURY / ILLNESS QUALIFY FOR WORKERS' COMPENSATION?

Workers' comp benefits are available to employees who experience work-related injuries or illnesses. This means that your injury or illness must result from job-related duties. This may include traumatic physical injuries, repetitive trauma, and occupational diseases, among other injuries caused by various types of workplace accidents.

HOW LONG DO I HAVE AFTER AN ACCIDENT TO REPORT IT TO MY EMPLOYER?

You have 30 days to report your accident or injury to your employer.

HOW LONG DOES MY EMPLOYER HAVE TO REPORT THE INJURY TO THEIR INSURANCE COMPANY?

Employers must report within seven days of learning about a worker's injury.

HOW MUCH OF MY MEDICAL BILLS WILL BE PAID BY WORKERS' COMPENSATION BENEFITS?

Workers' comp benefits cover a number of medical expenses, including but not limited to emergency room care, hospital stays, medical procedures, treatment, rehabilitation and others. Generally, all treatment deemed necessary and ordered by a medical professional can be covered. Medical providers will submit authorized medical bills to your employer's insurance company for payment.

DO I GET TO CHOOSE MY DOCTOR?

Florida law was changed in 1997 to require all employers to provide all medically necessary treatment through managed care arrangements. Workers must see authorized treating physicians to treat their injuries; however, injured workers are allowed a one-time change in their authorized treating physician and are also allowed to obtain a second opinion by a doctor practicing the same specialty as the authorized treating physician. They are also allowed one independent medical examination by a qualified treating physician if unsatisfied with the care provided by the authorized treating physician.

WILL I BE ABLE TO RECOVER LOST WAGES CAUSED BY MY INJURY?

Medical benefits claim form for workers' comp in FloridaUnder Florida law, workers' comp benefits are not paid for the first seven days of disability. If you lose time because your disability extends beyond 21 days, however, you may be paid for the first 7 days by the insurance company. In most cases, your bi-weekly benefit payments will be 66.6 percent of your average weekly wage.

Your average weekly wage is calculated using wages earned 13 weeks prior to your injury, excluding the week in which you were injured. If you worked less than 75 percent of the 13-week-period, a similar employee in the same employment who has worked 75 percent of the 13-week-period or your full-time weekly wage will be used. You should receive the first check within 21 days after reporting your injury to your employer.

WHAT IF I HAVE NOTIFIED MY EMPLOYER OF MY INJURY BUT AM HAVING PROBLEMS RECEIVING BENEFITS?

Working with an experienced Fort Lauderdale personal injury attorney from our firm can ensure that your workers' compensation claim proceeds as swiftly and smoothly as possible. Our legal team is prepared to evaluate your case and determine the most appropriate course of actions to best meet your needs and maximize recovery.

DO I NEED A LAWYER?

You are not legally required to have representation when filing a workers' compensation claim, but having an experienced lawyer by your side can increase your chances of receiving the benefits you need as quickly as possible. Our attorneys work closely with clients, educate them about their rights, and walk them through the claim or appeal process step by step. When you depend on these benefits to support yourself and your family during tough times, there is no substitute for a knowledgeable lawyer who will advocate on your behalf.

Fort Lauderdale Personal Injury Lawyer Can Answer Your Questions

Prepared to provide you with the information you require and to guide you through every step of your workers' compensation claim process, our firm can help you obtain the financial support you need.

If you have any additional questions or concerns regarding workers' compensation and your eligibility, do not hesitate to contact a Fort Lauderdale personal injury attorney from Rosenberg & Rosenberg, P.A

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