Workers’ Comp FAQs – Answers for Injured Workers

When you are injured at work and have questions about the workers’ compensation process – which can be challenging – consider contacting a Florida Workers’ Compensation Act attorney in Jacksonville , like the experienced attorneys at RITE Law. 

Having handled many workers’ compensation cases under the Florida Workers’ Compensation Act our attorneys in Jacksonville will know just how to take care of your situation, so you can focus on what is most important – recovering from your injuries.

In this article, we will cover some of the most frequently asked questions that we receive with regard to workers’ compensation in general, and the Florida Workers’ Compensation Act specifically. If, after reading this article, you have more questions about your own circumstances, then the Florida Workers’ Compensation Act attorneys in Jacksonville at RITE Law are here to help. 

At RITE Law, our workers’ compensation lawyers have your best interests at heart and have the training and resources to make sure that you receive the compensation you deserve. Our number is (904) 500-RITE or you can fill out our contact form online. We provide a free case evaluation , so call today.

What Type of Medical Treatment Can I Receive Under the Florida Workers’ Compensation Act?

If you are injured on the job, and the Florida Workers’ Compensation Act applies to you, then the workers’ compensation coverage will provide payment for all of your medical bills and some or all of your lost wages while you recover. It is important to note, however, that Florida Workers’ Compensation does not cover pain and suffering, which is a kind of damages that you normally could expect if you were injured outside of your job. 

The Florida Workers’ Compensation Act provides that a medical provider for your treatment will get approval from your employer or the employer’s workers’ comp insurance company for the procedures required for your care. That also includes necessary medications as well.

With Regard to Lost Wages, How Much Can I Expect to Receive?

A workers’ compensation checks, while you are out of work recovering, is normally paid on a bi-weekly basis, and it will be approximately two-thirds (around 66%) of your average weekly wage. 

The calculation of what your average weekly wage is could be a little tricky. What workers’ compensation insurance normally does is take the average of your wages for the 13 weeks prior to your injury and use that as your average weekly wage for workers’ compensation purposes. If, however, you worked less than 75% of the 13-week period (say, if you just started at that particular job) then the workers’ compensation insurance company would look at the average weekly wage of a similar employee in the same employment to calculate your average weekly wage. 

Do I Need to Pay Taxes on My Workers’ Comp Benefits?

No. Workers’ compensation benefits are generally not taxable at the federal or state level. However, keep in mind that if you receive income from Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), then you may need to pay taxes on some portion of your workers’ comp benefits. That is because the law states that the combination of Social Security benefits and workers’ comp benefits cannot exceed 80% of your average weekly wage that was earned prior to your injury.

If you go back to work on light duty, or on limited duty, you will need to pay taxes on the wages you earn, even though you may still be under a doctor’s care. 

When Do I Start Receiving Workers’ Comp Benefits?

Under the Florida Workers’ Compensation Act, there is a short two-week waiting period before you are eligible for benefits. Thus, you should expect to receive workers’ comp benefits within 21 days after you reported your injury to your employer. 

If My Disability is Temporary, Is There a Limit On How Long I Receive Benefits?

Yes. Under workers’ compensation rules in Florida, you could be eligible for what is called temporary total disability payments, or temporary partial disability payments. Or, you may be eligible to receive some combination of the two. The maximum period of time to receive temporary disability benefits is 104 weeks, which is around two years.

Am I Eligible for Re-Employment Assistance and Workers’ Comp at the Same Time?

No. To receive re-employment assistance, you must be medically able and available for work. That designation would be inconsistent if you are receiving temporary total or permanent total disability workers’ compensation benefits.

What Do I Do If I Am Not Receiving a Benefit Check?

The first thing you need to do if you are not getting your benefits is to call the insurance company and ask for a claims representative. Next, you should consider getting the help of a Florida Workers’ Compensation Act attorney in Jacksonville to help you. 

Call the Florida Workers’ Compensation Act Attorneys in Jacksonville at RITE Law.

At RITE Law, we started the firm for one reason – to help those in Florida and elsewhere have the resources of a firm that was “big enough to fight but small enough to care.” At Rudolph, Israel, Tucker & Ellis (RITE law), we have the resources and experience to go to trial when it is necessary, and we have the wisdom to advise you appropriately. 

Expect lots of attention, passionate representation, and a healthy disdain for big insurance companies. We believe that leads to the best result possible. Unlike larger firms, your case isn’t handed to a paralegal or assistant to do the heavy lifting. The attorney you meet initially is the one who will be by your side every step of the way.

We also take pride in creating an atmosphere where every client is treated like family. Family members stick up for one another no matter what. You should expect nothing less from the RITE Law personal injury attorneys in Jacksonville.

Without help from the RITE team, making your own personal injury claims can be very difficult. When you turn to our firm, we spring into action, making sure that every detail of your claim is addressed. Call us for help. Our number is (904) 500-RITE or you can fill out our contact form online. We provide a free case evaluation , so feel free to call us today.