workers compensation law
Nadler Hail's Senate Hearing on Aid for 9/11 Workers, Survivors
If you are injured on the job and must take time off work for medical care and recovery, you can normally receive Workers’ Compensation. There is a seven-day waiting period after your injury during which no benefits are paid. But if your injury keeps you unable to work for more than 21 days, benefits will be paid retroactively for all 21 days. In other words, you will be paid for the initial seven days.
When to report your injury
Report your injury to your employer as soon as possible, but be sure it’s within thirty days, or your claim could be denied. Your employer must then report it within seven days to the insurance company. That company must then send you a brochure within three days which explains your responsibilities and rights and gives you information on how the Workers’ Compensation law works.
If you are receiving another benefit
You cannot receive both Workers’ Compensation and Unemployment. If you are receiving Social Security checks, you can also receive Workers’ Compensation, but it will be reduced in amount according to what your Social Security amount is. The Florida law states that these two benefits combined must not exceed 80% of your average weekly wage (as it was up until your injury).
If you contributed to your injury
If it is determined that you were responsible for your injury due to willful misconduct, or the use of alcohol, you may not be eligible for Workers’ Compensation.
How much would I be paid?
Usually you would receive an amount that is two-thirds of your average weekly wage. The first check should arrive within 21 days of reporting your injury. This will not be taxable while you are unable to work. If you were to go back to work on a lighter duty, or limited duty while still being medically treated, you would owe taxes on any wages earned.
You would not be asked to pay any authorized medical bills. They would be submitted to your employer’s insurance company by the medical provider.
In some cases of Workers’ Compensation, legal help is needed. There are sometimes disputes – for example, about eligibility or how much medical treatment is required to enable you to return to work.
Another thing to keep in mind is that the Florida Workers’ Compensation laws change from time to time. The above information is based on the law as it stood at January 1, 2006.
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