What is the Workers’ Compensation Filing Process in Florida?

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Submitted by Elizabeth V on

If you were injured or got sick at work in Florida, you can file a workers’ compensation claim. This is because employers are required to take out workers’ compensation insurance to help provide financial help when an employee is unable to work.

How Does Workers’ Compensation Work in Florida?

Florida workers' compensation pays benefits to employees who are injured or become ill in the workplace. Employees may receive the cost of medical treatment, compensation for loss of wages, and other financial assistance which could be help in the home and taxi fares to hospital for medical treatment. To be eligible, the employee must report the injury or sickness within a period of time since the injury or sickness began.

How Does the Florida Workers' Compensation System Work?

In Florida, most employers are required to have workers' compensation coverage. The Florida Division of Workers' Compensation (DWC) oversees all workers' compensation claims in the state. Like most other states, Florida has a no-fault workers' compensation system. This means you are not required to show that your employer acted negligently which caused your injury or sickness. As long as the injury or sickness took place on the job or as a result of the job, an employee should be eligible to receive workers’ compensation payments.

Benefits an employee may expect to receive include:

  • vocational rehabilitation which could include education or training for a new type of work;
  • temporary disability benefits which are payments for loss of wages;
  • impairment benefits which are for amputations or other permanent limitations;
  • essential medical care.

How Do I Report an Injury?

You should tell your employer within 30 days of the injury or sickness. This ensures you are eligible for workers’ compensation. Your report should include the following:

  • when the accident took place;
  • how it happened;
  • what the symptoms are.

What Happens After I Report My Injury?

After you have reported your injury, your employer should arrange an appointment for you with an occupational doctor who will conduct a medical examination. Also, your employer must report your claim to its insurance company within 7 days. If your employer refuses to report your injury, you can contact the insurance company yourself. The insurer will conduct the following:

  • review your medical records;
  • analyze your work experience, education, and wages;
  • order a medical examination to evaluate your medical condition;
  • send you for a functional capacity evaluation which assesses your ability to undertake work duties.

Under Florida law, the insurance company must approve or deny your claim for workers' compensation as quickly as possible. If your claim is approved, you should begin to receive the benefits you are entitled to.

What Happens If I Am Denied Workers’ Compensation In Florida?

Often, claims for workers’ compensation are denied by the employer’s insurer. If this has happened to you, you can lodge an appeal with the Florida Division of Workers’ Compensation (DWC).

Get Help With Your Claim

It is never easy winning a workers’ compensation claim but if you take the free case evaluation to speak with an attorney you should get the help you require to get the workers’ compensation you deserve.

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