Frequently Asked Questions
Americans hurt at work often have serious and important questions about their injuries, the work comp system in their state, and many others. Below are just some of the frequently asked questions workers’ compensation lawyer Kevin Moore hears and helps provide answers on. If your questions are not answered here or you need more information, please call Mr. Moore or send your questions through his online email contact form.
Can my employer fire me if I am out and receiving workers’ compensation benefits?
Yes. You should not be fired in retaliation for filing a workers’ compensation claim. However, the workers’ compensation law does not require your employer to hold your position for you until you can return to work.
When will I get my first check?
The earliest date you can expect your first check is within three weeks of your injury. This can only happen if you reported your injury to your employer immediately. The carrier is required to send a check within fourteen days after learning you will be disabled for more than a week
When is impairment rating assigned?
When you reach maximum medical improvement (MMI), your treating doctor must give you an impairment rating if you have loss of function of a part of your body. When that date is approaching, it is important that you let Mr. Moore know.
Must I be released to full duty before I can return to work?
No. Your doctor may release you for modified or light duty work before you have reached maximum medical improvement (MMI).
My employer will not report my injury to the insurance company. What can I do?
If your employer refuses to complete the DWC-1, the injured worker should contact the Employee Assistance Office at 800-342-1741. Personnel at this toll-free number may intervene on your behalf.
Is there a period of time after which my claim is no longer open?
For dates of accident on or after 01/01/1994, there is a statute of limitations which is one (1) year from the date of last payment of any indemnity benefit or furnishing of medical treatment.
Can I get a settlement for my claim?
Settlements of workers’ compensation claims are not automatic. The injured worker and the Employer/ Insurance Carrier may complete a settlement / washout of your claim under certain circumstances.
What is the time limit for filing a Petition for Benefits?
Except in certain situations, all injured worker Petitions for Benefits must be filed within two years of the date of injury or death.
Can I choose my own doctor?
No. Your employer or its workers’ compensation insurance carrier can choose the doctor to treat you. If you are unhappy with the doctor chosen by the carrier or want to request a second opinion, the firm must ask the carrier to provide you with another. As a general rule, you cannot go to a doctor the insurance company has not approved. If you go to your own doctor, you will probably end up responsible for payment of the bills.
How much will my lost wage check be?
There is a new link on the Florida Division of Workers’ Compensation website where injured employees can calculate what their lost wage check will be.