New Rules

You should report it as soon as possible but no later than 30 day or your claim may be denied.

Your employer should report the injury as soon as possible, but no later than seven (7) days after knowledge of it. The insurance company must send you an information brochure within three days after receiving notice form your employer. The brochure will explain your rights and responsibilities, as well as provide additional information about the workers’ compensation law.

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

The medical provider, authorized by your employer or the insurance company, will provide the necessary medical care, treatment and prescriptions related to your injury.

No, all authorized medical bill should be submitted by the medical provider to your employer’s insurance company for payment.

Under Florida law, you are not paid for the first seven day of disability. However, if you lose time because your disability extends to over 21 days, you may be paid for the first seven day by the insurance company. How much will I be paid? In most cases, your benefit check, which is paid biweekly, 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 that 90 percent 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 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 percent of the 13-week period, a similar employee in the same employment who has worked 75 percent of the 13-week period or your full time weekly wages shall be used.

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.

You should receive the first check within 21 days after reporting your injury to your employer.

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.

Yes. However an offset, or reduction in you workers’ compensation check, may be applied because the law states that the two combined may not exceed 0 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) 772-2323 or visit its website at www.ssa.gov.

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.

No, there is no provision in the law that requires your employers to hold the job open for you.

No. It is against the law to fire you because you have filed or attempted to file a workers’ compensation claim.

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 Vocation Rehabilitation, Bureau of Rehabilitation and Reemployment Services at (850) 245-3470 or visit it website at: www.rehabworks.org

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. Visit myfloridacfo.com for more information.

In general, there is a two-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 email wceao@myfloridacfo.com for specific information.

If you were injured on o after January 1, 1994, the claim is closed one 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 years.

Settlement may be made under certain circumstances and are voluntary, not automatic or mandatory.

You are responsible for your future medical needs after your claim for medical benefits is settled.

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, your become dissatisfied with your pharmacy or pharmacist’s services, you can seek another pharmacy to fill your prescription.

No. The “personal information” in s.119.071 (4) d), F.S. is defined as your address, telephone number, photographs, and Social Security number. Although photographs are not collected by out office, our Social Security number will always be redacted from any public record request pursuant to s.119.071 (5)5., F.S. However, s. 119.071 (4) (d) 2,. F.S., requires you or your employer to formally write to the custodial agency that is in possession of your personal information in order to claim the exempt status. Our office accepts emails, faxes or written correspondence when claiming the personal information exempt status. You must provide your full name, complete Social Security number, and occupation title. To request exemption of personal information maintained by our division, you should email, fax, or write to the follow person: