Ocala, FL Workers’ Comp FAQs
Frequently Asked Questions: Florida’s Workers’ Compensation
Schatt Hesser Mcgraw is available to provide legal consultation on a variety of workers' compensation issues. Rely on our experienced lawyers for guidance on your claim.
Am I eligible for workers’ comp?
To be eligible for workers’ compensation, you must work for a company that is legally required to carry workers’ compensation insurance for its employees. (Most companies with at least 15 employees are required to do so). If you are injured at your place of work, you are eligible for workers’ comp. Speak to a workers' comp lawyer in Ocala, FL for assistance with pursuing a successful claim.
How do I file a workers’ comp claim?
The first step to filing a workers’ comp claim is to seek medical attention from a professional. You will need to obtain a full examination and diagnoses. Then, you should visit your company’s Human Resources (HR) Department. Most offices keep claims online or in the office. Request the necessary documents and submit the paperwork (along with your medical records) to the HR office. Your employer is responsible for submitting the form(s) to their insurance carrier for approval. If your claim is denied or disputed, you will need to speak to an Ocala workers' compensation attorney.
I’m afraid my boss will fire me if I file a workers’ comp claim. What can I do?
Your boss cannot legally fire you for filing a rightful workers’ comp claim. You should still submit your workers’ comp claim with the necessary supporting documents. While you may feel uncomfortable doing so, employers are required to carry workers’ comp for a reason. You will not be at-fault for following protocol.
Can my boss fire me if I file a workers’ comp claim?
No. If you have a valid claim, your employer cannot wrongfully terminate you.
What is workers’ compensation?
Workers’ compensation is an insurance program that provides financial support and other resources to employees who sustain injuries on the job/while performing work. As its name suggests, the workers’ comp system is employed to compensate workers for their injuries and lost wages.
What should I do if I have a job injury?
If you are injured at work, you will need to report the incident with your place of work as soon as possible. You should also gain a full medical examination. If you attempt to pursue a workers’ comp claim for your damages, you will need supportive documents that demonstrate the nature and scope of your injury. You may also consider contacting an Ocala workers' comp attorney.
Do I need to fill out the claim form my employer gave me?
Most employers keep claim forms in their offices for employees to fill out after an injury. You should fill out the form, but always request a copy of the form. If you are uncomfortable filling out this form, consider discussing and reviewing it with a workers’ comp attorney.
What benefits am I entitled to?
Workers’ comp provides benefits to injured employees to cover lost wages, medical expenses, vocational rehabilitation services (for retraining purposes), and temporary or permanent disabilities that develop as a result of the workplace incident.
What resources are available to me?
You should know that you are protected by both federal and state regulations after experiencing a workplace injury. We recommend that you consult with a workers’ comp attorney so that you are aware of your rights and options that you may pursue.
How can I find out who provides workers’ compensation coverage for my employer or another business?
It is usually possible to discover this type of information by reviewing your company’s Employee Handbook or speaking to a representative in the HR Department. If this information is not disclosed to you, visit our labor and employment law firm in Ocala, FL. There are online databases that we may be able to assess to determine which insurance carrier your employer or another business provides.
How do I know if I’m considered an independent contractor?
If you are an independent contractor, you will be ineligible for workers’ comp benefits. The easiest way to determine your classification as a worker is to review your tax forms. If you have a Form W-2, you are considered an employee. This means that you are eligible for workers’ comp benefits. If you have a Form 1099, on the other hand, you are considered an independent contractor. As such, you are responsible for your own injury-related expenses.
What are my employer’s responsibilities under workers’ compensation laws?
As an employer, you are required to purchase and carry workers’ compensation insurance. You are required to provide medical treatment to individuals who are injured at the workplace as soon as possible. You must also report all incidents and injuries that take place on the workplace premises. When an employee files a workers’ comp claim, you are expected to act in good faith. Failure to obey workers’ comp laws may result in penalties, such as fees and criminal sanctions.
Can my employer take part of my check to pay for workers’ compensation insurance?
No, not at all. The benefits that you receive from workers’ compensation insurance are separate. You are not responsible for paying or contributing to your own expenses following a workplace injury.
Isn’t there supposed to be a notice posted at my workplace?
Yes. Employers are supposed to post visible and clear notices to inform workers that they are required to comply with Florida’s workers’ compensation laws.
What happens if my employer is uninsured and I’m hurt on the job?
You should visit our workers' comp law firm in Ocala, FL as soon as possible if you are hurt on the job in which your employer is uninsured. If the company has over 15 employees, your employer is responsible and legally required to carry workers’ comp insurance. A situation like this may make pursuing a lawsuit against your employer possible and necessary.
Are all disabilities covered under workers’ compensation law?
No. Only disabilities that directly relate to the workplace accident are covered.
What if the worker fails to file a claim for workers’ compensation?
This is one of the biggest, most unfortunate mistakes that many injured workers make. If you fail to file a claim for workers’ compensation within the appropriate time period, you will not receive benefits to cover your medical fees and other expenses. You should always file a workers’ comp claim when you are injured on the job.
Is it necessary for the worker to retain an attorney?
An Ocala attorney is not required for workers’ comp claim, but in complex cases and disputes, you will find that a workers’ comp attorney is highly beneficial. The attorney’s retainer will be deducted from the total workers’ comp award (if the claim is successful).
How is the weekly cash benefit for temporary total disability determined?
Usually, two-thirds of your wage amount (before your injury) is what constitutes your weekly cash benefit for temporary total disability.
Are prescription drugs and medications covered under the law?
In most cases, yes. But, the insurance carrier will be responsible for selecting the pharmacy company that carries and distributes your drugs, among other restrictions.
What happens when a claim is contested by the insurance carrier?
The issue will be resolved at a hearing at a later date. You should contact a workers’ comp attorney as soon as possible to ensure that you are well-prepared for this event, as it will determine if you receive benefits.
What is the penalty for making a false claim?
This is considered fraud and is punishable as a fourth-degree crime. One may also be required to repay benefits with interest for falsifying a claim.
What do I do if my employer fails or refuses to report an injury?
This is against the law. Employers are required to report all injuries with the appropriate higher-ups. If your employer fails to do this, visit our workers’ comp firm so that we can pursue alternative options.
When do I become eligible for lost wage compensation?
Generally, 7 days of lost wages must collapse before you become eligible for lost wage compensation.
What is permanent partial disability?
A permanent partial disability indicates that an individual has obtained a serious disability that prevents him/her from performing the same type of work and/or making the same income as before. These individuals receive permanent partial disability (PPD) benefits.
Who determines permanent partial disability?
The Social Security Administration has an approach to determine permanent partial disability and all applicable benefits.
If you desire to discover more information about the Florida workers’ compensation system, contact Schatt Hesser Mcgraw today for a free case evaluation.