Florida’s Workers’ Compensation Law

Florida’s WorkersCompensation Laws were enacted to protect workers who have been injured onthe job. Statutes require employers to provide Workers’ Compensation insurancefor employees, although employers are permitted to self-insure providing thatthey meet the requirements.

Reportingrequirements

Employees who are injured on the job are required to reporttheir accident within 30 days of the occurrence. The sooner you report theaccident the better, as your claim can lose credibility the longer you delay. Ifyou are entitled to lost pay benefits, your first check should be sent to youwithin 21 days after reporting your injury. Delaying your report can losebenefits to which you may be entitled.

Medical care

If you need medical care, your employer or the insurancecarrier will authorize a medical provider to treat you and order prescriptions.You will not have to pay for any medical care associated with yourwork-incurred injury.

Lost pay

You are entitled to pay for lost wages due to any disabilitycaused by this injury, except you will not be paid for the first seven daysunless your disability extends beyond 21 days. At that point the insurancecompany may pay for the first seven days.

If you lose time from work due to your injury, you will mostlikely be paid two-thirds of your average weekly wages, calculated over theprevious 3 months (approximately.) If you haven’t worked during the completeperiod used in the calculation, a comparable calculation will be used to figurea fair average weekly wage on which to base your benefit.

Other benefits

You don’t have to be totally or permanently disabled to receiveworkers compensation benefits. Benefits are payable for temporary total orpartial disabilities, too, but for a period of time limited to 104 weeks.Benefits vary for workers who are able to earn a limited amount of income whiletemporarily or permanently disabled. These include full or discounted benefitpayments, rehabilitation for both medical conditions as well as vocationalrehabilitation, medical care, assistive devices, artificial limbs, training inthe use of these limbs, and more, as appropriate to your injury and degree ofneed.

Returning to work

Florida law does not require your employer to hold your jobfor you. While employers cannot fire you for filing, or attempting to file aclaim, they are not required to rehire you if you have to take time off for aperiod of disability. Take advantage of vocational rehabilitation and jobtraining benefits of workers compensation.