- Workers' Compensation
People who suffer a workplace injury must miss a certain amount of time before they receive their weekly benefits. Even if it’s only a couple of weeks, it can feel like a lifetime. Our Fort Myers workers comp attorneys understand how frustrating it can be. That’s why we make sure the insurance company starts paying your workers comp benefits on time.
Your Fort Myers Workers Comp Attorney Must First Prove You Qualify for Benefits
Before you can receive workers comp benefits, you must qualify for them. Just because you were hurt at work, that doesn’t mean you’re automatically entitled to benefits.
Your workers compensation lawyer in Fort Myers may have to reach out to the insurance company to get the status of your claim. If it’s been denied, it could be quite some time before you receive benefits – if you receive them at all. Filing a workers compensation insurance claim is essential for an injured employee following an on-the-job injury. For a work-related injury that renders the employee completely unable to work, wage benefits under state law may replace the regular paycheck. Depending on the work status, these benefits aim to support recovery and return to work.
There Are Certain Criteria You Must Meet to Collect Workers Comp Benefits
In order to receive workers comp benefits, you must meet certain criteria. Your Fort Myers workers comp attorneys are well aware of what these criteria are. They include the following.
- Your injury must take while you are working, usually on company property.
- You must report your injury to your employer or Human Resources right away.
- You must not be under the influence of drugs or alcohol at the time of your workplace accident.
- You must be seen by a state-approved, company-assigned workers compensation doctor.
- You must comply with your medical treatment.
Of course, this is not an exhaustive list. However, as long as you meet these basic criteria, there’s a good chance your claim will be approved.
And, if it’s denied, your workers compensation lawyer in Fort Myers can always appeal it on your behalf.
You’ll Receive Two Main Types of Benefits
Once your claim is approved, you’ll receive two main types of workers comp benefits. The first benefit is that your medical care will be covered by your employer’s insurance. You won’t have to pay out of pocket for any of your care. This includes coverage for all medical expenses related to your work injury. Additionally, there is often a waiting period before wage and medical benefits start. For assistance navigating your claim and understanding your rights, you can seek a free consultation with a workers’ compensation attorney to ensure you receive all entitled workers’ compensation benefits.
The second type of benefits will be your weekly replacement wages. While you’re out of work, you will receive weekly benefits equal to two-thirds of your average weekly wages. For example, if you normally earn $500 per week, you will receive $333 while out on workers compensation. Under Florida law, injured workers are entitled to these wage replacement benefits, up to the state’s maximum weekly benefit. These workers’ compensation checks help cover lost wages and provide essential support to injured employees. Replacement benefits ensure that injured workers can manage their lost earnings during recovery.
Your Medical Care Will Be Covered by Your Employer’s Insurance Carrier
As stated above, you will not have to pay for any medical care related to your workplace accident. As long as you’re treated by your assigned workers compensation doctor, you shouldn’t run into any problems.
If you are forced to pay out-of-pocket for any medical supplies, prescriptions, or doctor’s appointments, let your Fort Myers workers comp attorney know immediately. You should not pay a penny for your medical treatment. Workers’ compensation insurance is designed to provide benefits from the moment the injury occurs. For lost time, an injured worker will receive a workers’ compensation check with wage replacement benefits until they reach maximum medical improvement.
Your Workers Compensation Lawyer in Fort Myers Will Also Make Sure You Receive Weekly Benefits
As far as your weekly workers comp benefits are concerned, you will receive them the same way you normally received your pay. This means that, if you normally receive your pay via direct deposit, that is how you should receive your benefits.
You Must Miss Seven Days of Work Before Your Benefits Start
One of the first questions our clients ask is how long it will take for them to receive their workers compensation benefits. As your workers compensation lawyer in Fort Myers can explain, you don’t get this money right away.
Your benefits won’t even start until you have been out of work for eight days. These are calendar days, not business days. Once the first week has passed, your workers compensation benefits will kick in.
You Will Not Be Paid for the First Seven Days Unless You Miss 21 Days from Work
It’s important to remember that you will not be paid for the first seven-day period. If you return to work before you miss twenty-one days, you will not be paid for that time. You will be able to use any sick or personal time you have accrued.
If you do miss more than twenty-one days, you will be paid retroactively for the first seven days. It may take a few weeks for you to receive this money. You cannot be paid for these days and use personal time. If you have already used your sick time, you may have to pay back the workers compensation benefits. If you aren’t sure what to do, ask your Fort Myers workers comp attorney. They can help you sort this out.
If You Don’t Receive the Benefits on Time, Let Your Fort Myers Workers Comp Attorney Know
If two weeks go by and you haven’t received any workers compensation benefits, let your workers compensation lawyer in Fort Myers know. They will reach out to your employer and find out what the problem is with your workers compensation claim.
We understand how hard it is to go weeks without a paycheck. We will do our best to ensure that you don’t have to wait any longer than necessary. Typically, for Florida workers’ compensation, the first workers’ compensation check covers lost wages from the date of the work-related injury. From that point forward, if you’re assigned light duty by your employer, your benefits may be adjusted accordingly.
Retain a Fort Myers Workers Comp Attorney Right Away
If you were injured on the job, you should be entitled to workers comp benefits. As long as you meet the criteria for workers compensation, there’s no reason why you shouldn’t receive both medical care and weekly benefits. Most employers are required to carry workers compensation insurance. If this doesn’t happen, you should contact an experienced Fort Myers workers comp attorney.
It can be scary to be out of work and not know where your next paycheck is coming from. This is how it feels to be on workers compensation. Our workers compensation lawyers in Fort Myers understand how you feel. That’s why we work hard to make sure you receive the workers comp benefits you deserve. We’ll also make sure you get them on time.
We offer all new clients a free, initial consultation. It’s in your best interest to meet with one of our Fort Myers workers comp attorneys right away. We can get in touch with your employer and their insurance company to see what is causing the delay.
