Division of Workers' Compensation
Frequently Asked Questions
Injured Workers FAQ
How long after an accident do I have to report
it to my employer?
You should report it as soon as possible but no later than thirty
(30) days or your claim may be denied.
- Reference: Section
440.185 , Florida Statutes
When should my employer report the injury to
their insurance company?
Your employer should report the injury as soon as possible, but
no later than seven (7) days after their knowledge. The insurance
company must send you an informational brochure within three (3)
days after receiving notice from your employer. The brochure will
explain your rights and responsibilities, as well as provide additional
information about the workers' compensation law. A copy of the brochure
can be viewed on this website under “Publications”.
- Reference: Section
440.185 , Florida Statutes
My employer will not report my injury to the
insurance company. What can I do?
You have the right to report the injury to their insurance company.
However, if you need assistance, contact the Employee Assistance
Office (EAO) at (800) 342-1741 or e-mail
wceao@fldfs.com
- Reference: Section
440.185 , Florida Statutes
What kind of medical treatment can I get?
The medical provider, authorized by your employer or the insurance
company, will provide the necessary medical care, treatment and
prescriptions related to your injury.
- Reference: Section
440.13(2) , Florida Statutes
Do I have to pay any of my medical bills?
No, all authorized medical bills should be submitted by the medical
provider to your employer's insurance company for payment.
Will I be paid if I lose time from work?
Under Florida law, you are not paid for the first seven days
of disability. However, if you lose time because your disability
extends to over 21 days, you may be paid for the first seven days
by the insurance company.
- Reference: Section
440.12 , Florida Statutes
How much will I be paid?
In most cases, your benefit check, which is paid bi-weekly, will
be 66 2/3 percent of your average weekly wage. If you were injured
before October 1, 2003, this amount is calculated by using wages
earned during the 91-day period immediately preceding the date of
your injury, not to exceed the state limit. If you worked less than
90% of the 91 day period, the wages of a similar employee in the
same employment who has worked the whole of the 91-day period or
your full-time weekly wage may be used. If you were injured on or
after October 1, 2003 , your average weekly wage is calculated using
wages earned 13 weeks prior to your injury, not counting the week
in which you were injured.
In addition, if you worked less than 75% of the 13 week period,
a similar employee in the same employment who has worked 75% of
the 13-week period or your full time weekly wage shall be used.
Do I have to pay income tax on this money?
No. However, if you go back to work on light or limited duty
and are still under the care of the authorized doctor, you will
pay taxes on any wages earned while working. For additional information
on Income Tax, you may want to visit the Internal Revenue Service
website at: www.irs.gov
When will I get my first check?
You should receive the first check within 21 days after reporting
your injury to your employer.
- Reference: Section
440.20 , Florida Statutes
If I'm only temporarily disabled, how long
can I get these checks?
You can receive Temporary Total, Temporary Partial Disability
payments or a combination of the two benefits during the continuance
of your disability for no more than a maximum of 104 weeks.
- Reference: Section
440.15(2) , Florida Statutes
Can I receive social security benefits and
workers' compensation benefits at the same time?
Yes. However an offset, or reduction in your workers' compensation
check may be applied because the law states that the two combined
may not exceed 80 percent of your average weekly wage earned prior
to your injury. For further information on Social Security, you
may contact the Social Security Administration at (800) 772-1213
or visit their website at www.ssa.gov
.
- Reference: Section
440.15(9) , Florida Statutes
Can I receive unemployment compensation and
workers' compensation benefits at the same time?
No, not if you are receiving temporary total or permanent total
disability benefits as you must be medically able and available
for work to qualify for unemployment. For additional information
on Unemployment Compensation, you may want to utilize the Unemployment
Compensation website at: www.floridajobs.org.
What can I do if I am not receiving my benefit
check?
Call the insurance company and ask for the adjuster or claims
representative. If you still have questions and don't understand
why the checks have stopped, call the EAO at (800) 342-1741 or e-mail
wceao@fldfs.com .
- Reference: Section
440.14 , Florida Statutes
If I am unable to return to work until my doctor
releases me, does my employer have to hold my job for me?
No, there is no provision in the law that requires your employer
to hold the job open for you.
Can my employer fire me if I am unable to work
because of an injury and am receiving workers' compensation benefits?
No, it is against the law to fire you because you have filed
or attempted to file a workers' compensation claim.
- Reference: Section
440.205 , Florida Statutes
If I am unable to return to the type of work
I did before I was injured, what can I do?
The law provides, at no cost to you, reemployment services to
help you return to work. Services include 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/
- Reference: Section
440.491 , Florida Statutes
My employer and the insurance company have
denied my claim for workers' compensation benefits. Do I need legal
representation to get my benefits? What should I do?
It is your decision whether or not to hire an attorney. However,
the EAO can assist you and attempt to resolve the dispute. If unable
to resolve, the EAO can further assist you in completing and filing
a Petition for Benefits. This service is provided at no cost to
you. For assistance call: (800) 342-1741 or e-mail
wceao@fldfs.com . For the location
of the nearest EAO, click on:
www.myfloridacfo.com/WC/dist_offices.html
.
What is the time limit for filing a Petition
for Benefits?
In general, there is a two (2) year period to file a Petition.
However, it depends on the type of issue in dispute. You may call
the EAO at (800) 342-1741 or e-mail
wceao@fldfs.com for specific
information.
- Reference: Section
440.19(1) , Florida Statutes
Is there a period of time after which my claim
is no longer open?
If you were injured on or after January 1, 1994 , the claim
is closed one (1) year from the date of your last medical treatment
or payment of compensation. This period of time is referred to as
the Statute of Limitations. If you were injured before January 1,
1994 , the period is two (2) years.
- Reference: Section
440.19(2) , Florida Statutes
Can I get a settlement from my claim?
Settlements may be made under certain circumstances and are voluntary;
not automatic or mandatory.
- Reference: Section
440.20 (11)(a)(b)(c), Florida Statutes
If I settle my claim for medical benefits with
the insurance company and my condition gets worse later, who pays
for my future medical care, surgeries, etc?
You are responsible for your future medical needs after your
claim for medical benefits is settled.
What can I do when it is difficult to get a
prescription filled or I am having problems with the pharmacy where
I get my workers’ compensation medication?
In Florida, an injured worker has the right to select a pharmacy
or pharmacist.
Florida law prohibits interference with your right to choose a pharmacy
or pharmacist. However, a pharmacy is not required to participate
in the workers’ compensation program. If at any time, you become
dissatisfied with your pharmacy or pharmacist’s services, you can
seek another pharmacy to fill your prescriptions.
- Reference: Section
440.13 (3)(j), Florida Statutes
If you have a question and it was not answered in the above section,
please contact the Employee Assistance Office at (800) 342-1741,
or by e-mail:
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