Workers’ Compensation FAQ

Notify your supervisor or HR in writing as soon as you can, ideally on the same day. Ask them to submit the mandatory First Report of Injury to the insurer, then seek care from a provider in your employer’s approved network. Keep copies of all paperwork, medical notes, and receipts for your records.

You should report any work-related injury right away, but no later than 30 days after it happens. Reporting promptly helps avoid processing delays or a potential denial.

The best way to know is to meet with a qualified attorney immediately following your injury to confidentially discuss your case. Employers, in general, do not have the proper knowledge or understanding of the current workers’ compensation laws. As a result, injured workers are often misled and misrepresented when relying on the employer and insurance carrier for advice and direction. The insurance carrier is very often trying to save some money, many times at the expense of the injured worker. Our firm will help you know and understand what the laws are and what your benefits are relating to your injury.

To speak with one of our attorneys about a workers’ compensation claim, call 863-355-5648 or reach out using our online contact form.

In order to seek additional workers’ compensation benefits, you must file a Petition for Benefits. Because the law requires that this petition contain very specific information, it is often difficult for someone without knowledge of these requirements to successfully pursue additional benefits.

It can be. For as long as your injury/condition is related to the work accident, workers’ compensation is supposed to provide the necessary care and treatment. However, insurance companies will constantly try to limit your benefits, and that is why obtaining representation to protect your interests is important. Benefits will also stop if you decide to settle your workers’ compensation case.

Legally, you are supposed to use workers’ compensation when the injury occurred at work. There are very few exceptions to this general rule. Using worker’s compensation means you are entitled to lost wages in addition to your medical care, but you must be proactive and fight for what you are owed from the employer and their insurance carrier, as they may not provide what the statute legally requires of them for work-related injuries.

No, approved providers bill the insurance carrier directly. If you accidentally get billed, forward it to your adjuster or reach out to the Employee Assistance Office to have it corrected.

The insurer is required to issue your first indemnity payment within 21 days of getting notice. If they miss this deadline without a valid reason, you may be entitled to a penalty plus interest on the late amount.

All cases are different, and the investigation of a claim can vary. Depending on whether benefits are being voluntarily provided by the insurance company or denied will affect the time it takes to fully work up your workers’ compensation claim.

For injuries on or after January 1, 1994, you must file within one year of your last medical treatment or benefit payment. Claims before that date allow two years, but missing these deadlines generally forfeits your rights.

Depending on the year of your accident, permanent partial disability benefits do not exist in Florida. Instead, they were replaced with an injured worker’s entitlement to permanent impairment benefits and/or permanent total disability benefits. The value of these benefits ranges significantly depending on your specific injury once you’ve recovered to the fullest extent possible. Permanent impairment benefits are paid upon your doctor placing you at MMI (maximum medical improvement).

No, disability and wage-loss payments under Florida workers’ compensation are exempt from federal and state income taxes. However, any wages you earn if you return to light duty are treated like regular taxable income.

Depending on the search that is being performed, a workers’ compensation claim may show up. On typical background checks, it does not, but filing a claim with the Division of Workers’ Compensation is part of the public record, and certain information is obtainable.

Yes. Your claim should remain open for as long as benefits are owed/due. If you work for another employer, they are still required to provide the appropriate medical care for original injuries.

No, your doctor may release you for modified- or light-duty work. Because employers and insurance carriers want you to return to work as soon as possible, it’s important that you have legal representation so you do not go back to work before you are ready. There have been many cases where the injured person went back to work too soon, resulting in long-term damage that could have been avoided. Our law firm can help you make your decision of when or if it is appropriate to return to work.

In many circumstances, employers and insurance carriers do not tell the injured worker that he or she should also file for Social Security Disability in addition to workers’ compensation. Because a Social Security Disability claim can take a while to resolve, it’s imperative that you know whether you should or should not file this claim. We have an attorney on staff who can pursue the claim for you when appropriate.

Your insurance carrier will provide you with a list of approved doctors. Because the insurance carriers are trying to save money in most instances, they often select doctors who will favor them, not you. Because we have been representing injured workers in Central Florida since 1968, we know the majority of the doctors in this area very well and can help you determine which doctor to use from your list of approved doctors.

To speak with one of our attorneys about choosing a doctor or any other part of your workers’ compensation claim, call 863-355-5648 or reach out using our online contact form.

Yes, there are several options, and when you meet with one of our attorneys, we can give you advice on what you should do.

“With regard to injuries that occur off of the employer’s premises while the employee is going to or returning from his or her regular place of work, case law instructs that such injuries generally do not arise out of or in the course of employment and are not compensable.” Quinn v. CP Franchising, LLC, 208 So.3d 141 (Fla. 1st DCA 2016). However, there are always exceptions to the general rule.

There is a “special errand” or “mission” exception to the going and coming rule that applies to all employees except for law enforcement officers. The “mission” exception is most commonly referred to as the “dual purpose” exception, where an employee’s trip was required to perform a business purpose other than just getting the employee to or from the workplace. This means that if an employee is running an errand for his or her supervisor, or taking work home to work from home, etc., then the trip home would be covered under workers’ compensation.

The “special errand” exception applies when an employee is either going to or coming from work on a special errand given to her by the employer and is injured while doing so. A perfect example of this is when an employee may be on vacation from work but is required by her employer to call into the office daily to check in, and while getting to the phone for this “special exception,” she is injured. Whenever an employee is asked to do something “special” from their normal job duties, this irregular activity creates a special circumstance where workers’ compensation benefits should apply.

With the numerous exceptions that apply to the “going and coming rule” for workers’ compensation, it is best to consult with an expert to provide you with guidance. Your employer and their insurance company are not going to advise you of the exceptions that apply. It is your responsibility to protect your rights, and that includes looking out for the benefits that you are properly due under the law for work-related injuries.

Ready to take the next step toward securing the benefits you deserve? At Smith, Feddeler & Smith, P.A., our dedicated team of Florida workers’ compensation attorneys is here to guide you through every stage of your claim, from filing paperwork to appealing denials. Don’t face this process alone: call us today or fill out our online contact form to schedule your free, no-obligation consultation and get the peace of mind you need.