Typically, the worker’s compensation insurance carrier who covers your Florida employer should send you your first payment no later than 21 days after you report a work-related injury. If you do not receive your benefits by that time, it is possible that your employer or their insurer may be in violation of your rights under state law.
If your injury keeps you from working and earning a regular paycheck and you feel that your workers’ comp claim has been delayed or stonewalled, our Florida workers’ compensation attorneys at Berlin Law Firm can help you challenge claim delays and denials to get the benefits you deserve.
What steps should a Florida employee take to start workers’ comp payments?
Under Florida law, an injured worker and his or her employer are subject to a few important reporting requirements and deadlines that must be met for workers’ compensation payments to begin:
- A worker must report a work-related injury to his or her employer no later than 30 days after the incident that caused it or, in the case of an illness or injury that is not immediately obvious, within 30 days of becoming aware of that illness or injury.
- Within 7 days of receiving a report of an injury or illness, an employer must notify its workers’ compensation insurance carrier of the claim.
- Within three days of receiving that notice, the insurance company must send the injured employee an informational brochure that explains the employee’s rights under applicable Florida workers’ compensation laws.
Florida has established an Employee Assistance Office that injured employees can contact to report an employer’s or workers’ comp insurance company’s delays or abuse in addressing a claim.
Your chances of getting the full amount of benefits you deserve are also increased by consulting a workers’ compensation lawyer with a track record of success in handling these matters. Our firm only handles workers’ compensation claims and is available for a free consultation at 941-777-7000.
Do workers’ comp payments in Florida cover all lost earnings while an employee recovers from a work-related injury?
If your claim is approved, workers’ compensation payments will typically replace two-thirds of your average weekly pre-tax earnings while you are recovering from a work-related injury.
Workers’ compensation payments are not subject to income taxes, and you will face no tax liability on the benefits you receive.
You will not receive any payments to replace lost earnings during the first seven days after a work injury. If, however, that injury keeps you away from your job for more than 21 days and you are covered by workers’ comp insurance, an insurer should pay you for those first seven days.
Consult with an experienced workers’ comp lawyer for more information on how you can recover payment for that initial 7-day period.
How frequently are workers’ compensation payments made?
Injured workers will generally receive workers’ comp payments to replace lost wages at least every two weeks.
Workers’ comp insurance companies will directly reimburse doctors and other medical service providers for treatment of work-related injuries, and the injured employee will not receive any payments to cover those medical expenses because they will not be billed to the employee.
On occasion, a payment might be delayed due to administrative problems. Florida law imposes strict penalties on insurance companies that intentionally delay or fail to remit payments.
Call the Berlin Law Firm in Tampa or Sarasota for Workers’ Comp Assistance
Florida employers and the companies that provide workers’ compensation insurance have been known to manipulate the system such that more than 21 days elapse before those payments begin.
The Florida workers’ compensation attorneys at the Berlin Law Firm help employees understand their rights and recover the largest available workers’ comp benefits. If you were hurt on the job and are having trouble receiving timely workers’ compensation payments, please contact our offices in Sarasota or Tampa for a no-fee consultation.
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