Jacksonville Workers’ Compensation Attorneys Answer FAQs
After you have been injured on the job and filed for workers’ compensation benefits, our Jacksonville Florida Workers’ Compensation attorneys can tell you what to expect next to help you preserve your rights. Please note that workers’ compensation law can be complex and is subject to change. A licensed and experienced lawyer can update you on the changes and your current rights.
You will want to select an attorney with experience in this area of the law. Our workers’ compensation attorneys have been fighting for your rights since 1979, despite the efforts by the insurance industry and business community to erode the rights of injured workers.
A: You should report the accident as soon as possible but not any later than 30 days or your claim could be denied. Check with the state of Florida’s Statutes on Workers’ Compensation, Section 440.185.
A: After that your employer needs to report the injury to the insurance company within seven days after it was brought to their attention. The insurance company then has three days after it receives notice from the employer to send you an informational brochure. It explains your rights and responsibilities as well as the Workers’ Compensation law. If your employer fails to or refuses to report your injury to the insurance company, you can report it to the state Division of Workers’ Compensation at (800) 342-1741.
A: Florida law says you will not be paid for seven days of disability unless your disability extends over 21 days. Then you may be paid by the insurance company for the first seven days. In most cases you will receive a benefit check, bi-weekly. You should get your first check within 21 days after reporting the injury. It will amount to two-thirds of your average weekly wage, as calculated by the wage you were receiving three months prior to your injury.
A: You can do that if it is negotiated with the workers’ compensation insurance representative, pending approval by the Judge of Compensation Claims.
A: No, not unless you go back to work with limitations. That wage is taxable.
A: If it is determined that you had some role in your own injury, for example, you were not following the safety rules set by your company, your benefits can be lowered by 25 percent.
A: You cannot be fired in retaliation for filing a workers’ compensation claim in Jacksonville. However, Florida law does not require your employer hold open your job until you return to work. If you were fired in retaliation for filing a claim, talk to a Florida workers’ compensation lawyer about preserving your rights.
A: All authorized medical bills will be given to your company’s insurer for payment. You should not have to pay any of these bills.
A: For no more than a maximum of 104 weeks you can receive Temporary Total, Temporary Partial Disability payments or a combination of the two benefits during the continuance of your disability.
A: You have the right to call the insurance company and inquire. Talk to the adjuster or claims representative or contact the state office at (800) 342-1741 or e-mail [email protected]. You may also want to contact a Jacksonville workers’ compensation attorney at that time to help you maneuver through the system.
A: If you cannot return to the job you held previously, you are entitled to receive vocational counseling, transferable skills analysis, job-seeking skills, job placement, on-the-job training, and formal retraining. To find out more about this program, you may contact the Department of Education, Division of Vocational Rehabilitation, Bureau of Rehabilitation and Reemployment Services at (850) 245-3470 or visit their website at: www.rehabworks.org/.