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• Introduction
• What You Should Do
• Denial of Benefits
• Surveillance
• Conclusion
• Further Information

Worker’s Compensation is coverage that will pay for reasonable and necessary medical care if you get hurt or sick because of an injury on your job. Also, worker’s compensation will pay you indemnity benefits should become unable to work, or your earnings decrease due to work-related illness or injury. Chapter 440 of the Florida Statutes covers most worker's compensation issues.
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If you are injured at work, before you begin to get benefits, you must report your injury to your employer as soon as possible. Afterwards, your employer is required to report the injury to its worker’s compensation insurance carrier. You are required to cooperate with your employer and its carrier, and failure to do so may cause your benefits to be stopped or delayed. Remember to retain all bills associated with your accident during this time. You may be denied benefits and need this proof later. See the section on denial of benefits for more detail.

Medical Benefits are provided under a managed care contract between you employer and their carrier. Medical benefits to which you are entitled through workers compensation include visits to an authorized health care provider (chiropractic visits may be limited), surgery, hospital care, dental care, prescription drugs, medical supplies, and transportation to and from treatments. Your employer or their carrier has the right to choose a doctor from their list of physicians to treat you. You are not responsible for the doctor bills as long as the carrier authorizes your treatment. You should return to each of your authorized doctors as often as necessary (again, chiropractic visits may be limited). Do not minimize your ailments, since this is the only way a doctor can help you.

You may be eligible for indemnity benefits if any one of following situations is true:

* Your doctor has said you cannot go back to work because of your injury. This is called temporary total disability (TTD)

* You are able to work, but because of your injury you earn wages less than 80% of what you earned before your injury. This is called temporary partial disability (TPD).

* An authorized doctor says you have a permanent impairment as a result of your injury. This means you are at maximum medical improvement (MMI).

If you are receiving checks for TTD or TPD, they will come every two weeks and are based on your average weekly wage (AWW) for the thirteen weeks you worked prior to your date of loss. TTD is two-thirds of your AWW, and TPD works out to be 64% of your AWW. You cannot receive these benefits longer than 104 weeks or past the time your doctor places you at MMI. If you are at MMI, your doctor will assign a percentage of disability. For each percentage point of your permanent impairment rating, you will receive 3 weeks of benefits. Thus, if the doctor says you are 10% permanently impaired, you should receive 30 weeks of benefits. Thus, every two weeks you will

You may be eligible for permanent total disability (PTD) if you are unable to work and have a spinal cord injury causing paralysis; loss of an arm, leg, hand, or foot; severe brain or head injury; second or third degree burns over 25% of your body or third degree burns to 5% of your face and hands; blindness; or a condition that would qualify you for social security disability benefits (SSD).

PTD is two-thirds of your AWW (average weekly wage) and will last until you are re-employed.
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If your employer’s carrier denies you any coverage to which you are entitled, contact an attorney who specializes in worker’s compensation law.

Retain ALL medical bills which result from your accident. This includes hospital bills, doctor’s bills, prescriptions, therapy, hiring extra help, and any equipment purchase to assist you in your rehabilitation. This will greatly assist your attorney's ability to file appropriate claims.

Keep a complete record of all lost wages and submit them to your attorney. Depending on your AWW, and the amount of money you made upon your return to work (if you were able to return to work), your attorney will be able to calculate the extent of any benefits owed to you. Your AWW should include any bonuses or vacation time you were paid during the appropriate 13-week period.

Do not give statements with reference to your case, without your lawyer’s permission. If anyone does approach you about your accident, make notes of the meeting, but all questions should be deferred to your attorney.

Notify your attorney of any witnesses to the accident and supply him/her with any photographs you have which pertain to your case.

Keep a diary of all important matters concerning your accident. This includes dates and times of doctor’s appointments, setbacks, lost work time, etc. Also, keep your attorney advised at all times as to changes of address and phone numbers.
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It is not unusual for carriers to place you under surveillance. Photographs and video have been used by carriers in court showing employees, who were claiming injuries, participating in activities that they supposedly are unable to do. You should not live in fear of being photographed if your cause is just and your injury legitimate; however when you are carrying on your usual activities, keep in mind that you are subject to investigation. It is illegal for you to be photographed or videotaped in your own home.
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CONCLUSION

Worker's compensation law is complex with specific steps to be taken as mandated by statute. Most attorneys working in this area of law take cases on a contingency basis, so do not hesitate to contact one if you are denied benefits for any legitimate injury that has occurred at work.
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****The foregoing is not intended as an exhaustive review of worker's compensation law in Florida. This information is not to be regarded as legal opinion applicable to all circumstances. Each factual scenario is different and requires unique and individual advice. The information provided herein should not be relied upon and any person with inquiry or concern should consult an attorney.

FURTHER INFORMATION

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