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This page was created to answer questions that are frequently asked of Florida Worker’s Compensation Lawyers like Kevin Moore. If your questions are not answered here or you need more information please call us or send them through our contact form
Yes. You should not be fired in retaliation for filing a worker’s compensation claim. However, the workers’ compensation law does not require your employer to hold your position for you until you can return to work.
The earliest date you can expect your first check is within 3 weeks of your injury. This can only happen if you reported your injury to your employer immediately. The carrier is required to send a check within fourteen days after learning you will be disabled for more than a week.
When you reach maximum medical improvement (MMI), your treating doctor must give you an impairment rating if you have loss of function of a part of your body. When that date is approaching, it is important that you let our office know.
No. Your doctor may release you for modified or light duty work before you have reached maximum medical improvement (MMI).
If your employer refuses to complete the DWC-1, the injured worker should contact the Employee Assistance Office at 1-800-342-1741. Personnel at this toll-free number may intervene on your behalf.
For dates of accident on or after 01/01/1994, there is a statute of limitations which is one (1) year from the date of last payment of any indemnity benefit or furnishing of medical treatment.
Settlements of workers’ compensation claims are not automatic. The injured worker and the Employer / Insurance Carrier may complete a settlement / washout of your claim under certain circumstances.
Except in certain situations, all injured worker Petitions for Benefits must be filed within two years of the date of injury or death.
No. Your employer or its workers’ compensation insurance carrier can choose the doctor to treat you. If you are unhappy with the doctor chosen by the carrier or want to request a second opinion, we must ask the carrier to provide you with another. As a general rule, you cannot go to a doctor the insurance company has not approved. If you go to your own doctor, you will probably end up responsible for payment of the bills.
There is a new link on the Florida Division of Workers Compensation website where injured employees can calculate what their lost wage check will be.
