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Frequently Asked Questions2019-09-27T13:08:38+00:00

Frequently Asked Questions

FAQS about Social Security Disability, Workers’ Compensation Claims, Veterans’ Disability Benefits and more.

When it comes to Social Security Disability, Workers’ Compensation and Veterans’ Benefits you want a knowledgeable attorney on your side who knows the intricate ins and outs of the system. We have compiled a list of frequently asked questions to give you answers about your case.

How long do I have after an accident to report an injury?2019-05-17T15:13:12+00:00

You must report your injury immediately. By law, you have thirty (30) days to report your injury, or your claim may be denied for failure to notify your employer. However, there are some exceptions to the notification requirement, those can be found in §440.185. Fla. Stat.

When does an Employer report an accident to its insurance company?2019-05-22T20:24:54+00:00

The employer should report your injury immediately, but no later than seven (7) days following the accident. The insurance company must send you an informational brochure, explaining your rights and responsibilities, under workers’ compensation law, within three (3) days. If the insurance company fails to provide the brochure, it may be stopped from raising certain defenses in subsequent litigation.

My Employer will not report the injury to its insurance company, what can I do?2019-05-23T16:59:06+00:00

You have the right to report the injury, and your employer is subject to a fine for failure to report the accident/injury. If you need assistance reporting your injury, contact the workers’ compensation attorneys at Avard Law, or the Employee Assistance Office of the State of Florida.

Do I have to pay for any medical bills related to the injury?2019-05-23T17:00:17+00:00

No, all authorized medical bills should be submitted to your employer, if self-insured, or your employer’s workers compensation insurance company. If you are required to pay any medical bills out of pocket, make sure to submit your expenses to the above entities for reimbursement. If the employer or carrier has authorized medical treatment, do not submit any bills relating to unauthorized providers or treatment. You are not entitled to seek payment or reimbursement from the employer or carrier for unauthorized medical treatment.

How much will I receive if I lose time from work due to my injury?2019-05-23T17:00:54+00:00

Most likely, you will receive 66 2/3 percent of your average weekly wage, which is calculated based upon your 13-week wage history immediately preceding your date of accident.

When will I receive the first Workers’ compensation check?2019-05-23T17:01:24+00:00

Expect to receive the first check within 8 to 21 days following the date of accident. You will not be paid for the first seven days following the date of accident unless the disability results in more than 21 days of lost time from work.

Are workers’ compensation benefits taxable?2019-05-23T17:01:55+00:00

No

What if I do not have transportation to get to my medical appointments?2019-05-23T17:02:38+00:00

Your employer or its insurance carrier is responsible for arranging and paying for transportation for medical appointments.

What happens if my doctor assigns work restrictions, but my employer cannot accommodate those restrictions?2019-05-23T17:03:11+00:00

You are entitled to temporary partial indemnity benefits until your employer can accommodate the restrictions, or your doctor releases you to return to work, under full duty.

Can I be terminated while I am out on Workers’ Compensation?2019-05-23T17:03:42+00:00

No, your employer cannot terminate your employer for filing a workers’ compensation claim. If they do, you may have a claim for coercion under §440.205 or a private cause of action for wrongful termination.

Does my employer have to hold my position for me while I am out on workers compensation?2019-05-23T17:04:18+00:00

Unfortunately, there is no provision requiring employers to hold your job until you return. Some employers have policies within your employment contract that state the actual amount of time you may miss from work prior to being terminated for an extended leave of absence.

What is the Statute of Limitations for Workers’ compensation benefits?2019-05-23T17:05:03+00:00

Depending on the type of injury you have sustained, the statute of limitations for filing your claim is two years from the date of accident, or alternatively, two years from the date you knew or should have known that your injury or illness was related to your employment. In addition, once a claim has been accepted and medical treatment has been authorized, you must treat once every year (365) calendar days with an authorized treating physician to keep your claim open.

Can my workers’ compensation case be settled for a lump sum of money?2019-05-23T17:05:32+00:00

Yes, there are two parts to every workers’ compensation claim: 1) the indemnity, or lost wages; and 2) future medical treatment. You are able to settle each part separately, or you can globally settle both parts simultaneously. Please keep in mind that settlement is completely voluntary for both parties.

The workers’ compensation insurance is not paying me any checks. What can I do?2019-05-23T17:06:18+00:00

You should seek the assistance of the Avard Law Workers’ compensation attorney, or you may find information provided by the State of Florida.

The insurance company is denying my case. What can I do?2019-05-23T17:07:06+00:00

You should seek the assistance of the Avard Law workers’ compensation attorney.

How often can I expect to receive my workers’ compensation checks?2019-05-23T17:07:36+00:00

Normally, workers’ compensation checks are paid bi-weekly.

Can I make a claim for workers’ compensation benefits and Social Security disability benefits at the same time?2019-05-23T17:08:27+00:00

Yes, the Social Security Disability and Florida Workers’ Compensation systems both provide disability benefits but each of them has their own definitions and procedures for obtaining those benefits. If an individual is awarded benefits under both programs at the same time, the combined benefits may not exceed a certain amount and the workers’ compensation carrier, or the social security administration, may “offset” or reduce the benefits.

Are Florida workers’ compensation benefits payable if I tested positive for drugs or alcohol right after my accident?2019-05-23T17:09:17+00:00

In Florida, compensation is not payable if the injury was occasioned primarily by the intoxication of the employee, the influence of any drugs, barbituates, or other stimulants not prescribed by a physician. A post-accident drug test creates a presumption that the injury was in fact caused by alcohol or drugs. This means the claimant will have the burden to demonstrate that injury was not caused by alcohol or drug use.

What if I feel my questions are not answered in this Q&A?

Please call your case worker or attorney at Avard Law and tell them the question for which you do not understand the answer. Or ask a question not covered by the Q & A questions. Please note that your calls should be answered within 48 hours. Thank you for your assistance. We are working very hard to help you win your case.

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Board Certified in Social Security Disability by the NBTA. Licensed in both Florida and Massachusetts. Accredited Veterans’ disability attorney.

CAROL AVARD, ESQ., VIEW PROFILE

Board Certified in Social Security Disability by the NBTA. Licensed in both Florida and Michigan. NOSSCR Board of Directors Member.

DOUGLAS MOHNEY, ESQ., VIEW PROFILE

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