FLORIDA WORKERS COMPENSATION QUESTIONS AND ANSWERS

Workers compensation laws were created to protect employees who suffer injuries on the job by providing access to medical treatment and wage replacement benefits. However, what many injured workers don’t realize is that these benefits are paid by private insurance companies, companies that are focused on minimizing payouts, not maximizing your recovery.

That’s why partnering with a skilled workers compensation lawyer in Jacksonville is crucial. These insurance carriers have extensive knowledge of Florida’s workers compensation laws and you should too. With the help of an experienced workers compensation lawyer in Jacksonville, you can level the playing field, protect your rights, and improve your chances of receiving the full benefits you deserve.

At McGRATH GIBSON LAW, our legal team has helped countless injured workers navigate the Florida workers compensation system. We provide the advocacy, knowledge, and strategic insight necessary to achieve the best possible outcome for you and your family.

Below, our workers compensation lawyer in Jacksonville answers some of the most frequently asked questions about workers comp in Florida.

Q: How much should I claim, and how much is a fair settlement?

A: One of the most common questions injured workers ask is how much they should claim, and what qualifies as a fair settlement. It’s important to understand that a workers compensation claim is not the same as a personal injury lawsuit. Unlike personal injury claims, workers compensation does not cover pain and suffering or property damage. Instead, it is strictly designed to compensate for:

• Medical treatment and related costs
• Lost wages due to time off work
• Rehabilitation and therapy
• Disability benefits, when applicable

An experienced workers compensation lawyer in Jacksonville at McGRATH GIBSON LAW can help you build a comprehensive claim that ensures all necessary and related medical expenses are included, such as surgeries, ongoing physical therapy, and prescription medications.

Medical Compensation That You’re Entitled To

Under Florida law, workers compensation insurance must cover 100% of approved medical treatment costs. This includes doctor visits, hospital stays, therapy, medications, medical equipment, and follow-up care. However, the insurance company, not your doctor determines what is considered “approved” treatment, which is why proper legal guidance is essential.

Lost Wages and Maximum Compensation Rates in Florida

The second part of your claim involves compensation for lost wages. And this is where most insurance companies try to minimize your payout.

As of January 2024, Florida workers compensation law sets the maximum weekly compensation rate at $1,260.00, with a minimum of $20.00 per week. These amounts are based on 100% of the statewide average weekly wage. However, most injured workers typically receive 66 2/3% of their average weekly earnings, a precedent insurance companies often use to justify lower payments, even when additional compensation may be warranted.

In addition, Florida law limits the combined total of wage replacement and medical benefits to a maximum of 80% of your regular weekly wages, depending on the classification of your injury and the circumstances of your case.

Why Medical Treatment Affects Your Settlement Amount

Seeking timely, thorough, and consistent medical treatment is not just crucial for your recovery, it’s also a key factor in determining your final settlement. The higher your documented medical expenses and ongoing care needs, the more incentive the insurance provider has to offer a larger settlement to close your case.

Your workers compensation lawyer in Jacksonville will help you document every aspect of your injury and recovery process to ensure you’re properly compensated and not pressured into accepting an inadequate offer.

Get the Legal Guidance You Deserve

At McGRATH GIBSON LAW, we know how to fight for what you’re entitled to, and we don’t let insurance providers undervalue your claim. If you’ve been injured at work, schedule a consultation with a workers compensation lawyer in Jacksonville today. We’ll explain your rights, evaluate your claim, and negotiate for the best possible outcome for you and your family.

Q: I don’t like the doctor they sent me to. Am I allowed to see a different doctor?

A: Yes, Florida workers compensation law allows injured workers to request a change in doctors, but there are important limitations to understand.

If you are unhappy with the physician assigned by your employer’s workers compensation insurance provider, you are legally entitled to request a one-time change of treating doctor. However, this request must be made formally and in accordance with state guidelines. Once granted, the insurance carrier, not you, will still select the new authorized doctor from within their network.

Because you are only allowed one doctor change per injury claim, it’s important to approach this carefully and strategically. Consulting with a knowledgeable workers compensation lawyer in Jacksonville can help you ensure that your request is handled correctly and that your rights to future treatment are preserved.

If you believe your current doctor isn’t providing proper care or isn’t taking your injuries seriously, don’t wait. Speak with a workers compensation lawyer in Jacksonville at McGRATH GIBSON LAW to protect your health, your benefits, and your claim. We’re here to ensure you’re treated fairly, both medically and legally.

Q: The doctor they sent me to has referred me to a specialist but the insurance company will not tell me what specialist to see?

A: Under Florida workers compensation law, if your authorized treating physician refers you to a specialist, you are legally entitled to receive that specialized care. However, delays or refusals from the insurance company are unfortunately common, and can put your recovery and benefits at risk.

If your treating doctor has issued a referral to a specialist but the insurance provider fails to provide the specialist’s name, contact information, or approval for the appointment, you should request the referral in writing and document all communications.

At this point, it’s in your best interest to speak with an experienced workers compensation lawyer in Jacksonville at McGRATH GIBSON LAW. Our legal team will take immediate action on your behalf by filing a Petition for Benefits, which compels the insurance company to justify their failure to approve the referral in front of a judge. This legal process puts pressure on the insurer to comply with your rights under Florida law and prevents unnecessary delays in your medical treatment.

Don’t let the insurance provider block or stall your medical care. Contact a workers compensation lawyer in Jacksonville today at McGRATH GIBSON LAW. We’ll fight to make sure your treatment moves forward and that your rights are fully protected.

Q: I told my manager that I was injured at work but I have not been sent to a doctor yet. What should I do?

A: If you’ve informed your supervisor about a work-related injury but haven’t been referred to a doctor or contacted by your employer’s workers compensation insurance provider, it’s essential to take immediate steps to protect your health, and your claim.

Under Florida law, injured workers must report their injury within 30 days of the accident, or the claim may be denied. While verbal reports are common, always report your injury in writing, including the date, time, and a brief description of the incident. It’s also a good idea to provide this written notice to multiple levels of management, such as your direct supervisor, HR department, and upper management to ensure the report receives proper attention.

If your employer has failed to provide you with the name of their workers compensation insurance carrier or has not sent you to an authorized medical provider, you have the right to take further action. First, you should attempt to identify and contact the company’s workers compensation insurance provider directly. If your employer refuses to provide this information or you are unable to find it, you should immediately consult a workers compensation lawyer in Jacksonville.

At McGRATH GIBSON LAW, we will act quickly on your behalf to:

• File a formal request or petition with the Division of Workers’ Compensation
• Ensure you are referred to an authorized physician for treatment
• Protect your rights and ensure your claim remains valid within the 30-day window

Delays in medical care or failure to report your injury properly can severely affect your benefits. Contact a knowledgeable workers compensation lawyer in Jacksonville as soon as possible to make sure your case is handled correctly and your recovery is not jeopardized.

Q: My doctor released me from care and said that I was being moved to MMI. What does MMI mean?

A: MMI stands for Maximum Medical Improvement, a critical milestone in your Florida workers compensation case. It refers to the point at which your treating physician believes, based on reasonable medical probability that you have recovered as much as medically possible, and no further improvement is expected, even with continued treatment.

Reaching MMI does not necessarily mean you’re fully healed. It simply means your condition is not likely to improve any further with additional medical care. In some cases, you may still be left with a partial or permanent impairment, and your doctor may assign a Permanent Impairment Rating as part of your case.

MMI is a significant turning point because:

• Your eligibility for temporary wage loss benefits typically ends once you reach MMI.
• Your employer may attempt to bring you back to work, even if you still have limitations.
• Your future benefits may shift to permanent impairment benefits, retraining, or in some cases, no further benefits at all.

If you disagree with your doctor’s MMI determination, or believe you are not ready to return to work, it’s essential to take action immediately. You have the right to challenge the MMI designation, but timing and proper documentation are crucial.

Speak with an experienced workers compensation lawyer in Jacksonville at McGRATH GIBSON LAW. We will review your case, request a second medical opinion if necessary, and help you navigate the next steps to protect your health, your benefits, and your future.

Don’t risk losing the support you deserve. Schedule a courtesy case evaluation today with a trusted workers compensation lawyer in Jacksonville at McGRATH GIBSON LAW to make sure your rights are fully protected at this pivotal stage of your claim.