Florida Workers' Compensation Employer's Questions - Florida Private Investigator

Employers FAQ

Who needs Workers' Compensation coverage?
How does an employer obtain workers' compensation insurance?
Where do I get a supply of the injury report forms that I am required to complete when one of my employees is injured?
Who can I contact with questions or concerns regarding risk classification codes and premium amounts?
Does the injured worker pay any part of my workers' compensation insurance premium?
What kinds of employee injuries are covered?
What injuries are not covered?
Can an employer be liable for double compensation?
As a small business owner, I fail to see how I can be sued by an injured worker if I provide all the necessary care, light duty work, and offer to retrain the employee.
If I suspect an employer should have Workers' Compensation insurance coverage, but does not, or if I suspect fraudulent activity in a workers' compensation claim, where do I report this?
What in the system would prevent an injured worker, who wanted to leave his employer anyway, from claiming to be hurt, waiting out the treatment, still claiming to be hurt and then trying to settle?

Is compensation payable if an employee refuses to use a safety appliance like a hard hat, safety goggles or observe a safety rule?
Am I required to become a carrier certified drug-free workplace?
Under the Workers' Compensation Drug-Free Workplace Program, can I conduct random drug testing of my employees?
Can I use a breathalyzer as a valid drug testing method?
What if an employee refuses to take a drug test?
If a terminated employee files for unemployment compensation benefits, may I inform the adjudicator that the employee was terminated as a result of a positive drug test?
Can I post the results of my employees' drug tests?
Am I responsible for payment for services when my employee participates in an Employee Assistance Program (EAP)?
How many days does the employee have to re-test the specimen if he or she wishes to contest a positive test result?
Who pays for the drug test?

Q: Who needs Workers' Compensation coverage?
A:If you are in an industry, other than construction, and have four (4) or more employees, full-time or part-time, you are required to carry workers' compensation coverage (an exempted corporate officer does not count as an employee).
If you are in the construction industry, and have one (1) or more employees (including yourself), you are required to carry workers' compensation coverage (an exempted corporate officer or member of a limited liability company does not count as an employee).
If you are a state or local government, you are required to carry workers' compensation coverage.

If you are a farmer, and have more than five (5) regular employees and/or twelve (12) or more other workers for seasonal agricultural labor lasting thirty (30) days or more, you are required to carry workers' compensation coverage.
If you have additional questions, contact the Customer Service Unit at (850)413-1601.
Reference: Section 2004->Ch0440->Section 02">440.02(17), Florida Statutes.

Q: How does an employer obtain workers' compensation insurance?
A: You have several options:
By purchasing a policy from an insurance agent that represents approved insurance companies.
From the Joint Underwriting Association (JUA), http://www.fwcjua.com/locator.asp
By qualifying as an individual self-insured; for additional information, contact the Division of Workers' Compensation at (850)413-1798.
Or, an employer may contract with a professional employer organization (employee leasing) that has secured workers' compensation coverage.
Reference: Section, 2004->Ch0440->Section 02">440.02, Florida Statutes

Q: Where do I get a supply of the injury report forms that I am required to complete when one of my employees is injured?
A: Your insurance carrier is required to provide you a supply of the Form DWC-1 First Report of Injury or Illness. Forms can also be downloaded from the Florida Workers' Compensation web site Rules & Forms page.
Reference: Rule 69L-3.003(5), Florida Administrative Code

Q: Who can I contact with questions or concerns regarding risk classification codes and premium amounts?
A: Call your insurance carrier or service representative. If you have a dispute regarding the risk classification codes, you can call the National Council on Compensation Insurance (NCCI) at 1-800-622-4123.
Reference: NCCI 1-800-622-4123

Q: Does the injured worker pay any part of my workers' compensation insurance premium?
A: The law is very specific on this point. It is the employer's responsibility to pay the entire premium for workers' compensation insurance coverage.
Reference: Section 2004->Ch0440->Section 105">440.105(4)(a)(2), Florida Statutes

Q: What kinds of employee injuries are covered?
A: The law covers all accidental injuries and occupational diseases arising out of and in the course and scope of employment. This includes diseases or infections resulting from such injuries. The law also covers death resulting from such injuries within specified periods of time. Even if you do not think an injury is covered, you must still file the First Report of Injury or Illness (DWC-1) with your insurance carrier for determination of responsibility within 7 days of your first knowledge of the accident/injury.
Reference: Section 2004->Ch0440->Section 02">440.02(1) & 2004->Ch0440->Section 16">440.16, Florida Statutes

Q: What injuries are not covered?
A: The law does not provide compensation for the following conditions:
a mental or nervous injury due to stress, fright, or excitement;
a work related condition that causes an employee to have fear or dislike for another individual because of the individual's race, color, religion, sex, national origin, age, or handicap;
"pain and suffering" has never been compensable in Florida, nor is it compensable in any other state. The employer may not sue an injured worker for causing a catastrophe nor can the injured worker sue the employer for their injury. This trade-off makes it possible for injured workers to receive immediate medical care, at no cost to the injured worker, without any consideration for who was at fault, the employer or the employee. In civil law, negligence must be established through litigation before any compensation is awarded.
Reference: Section 2004->Ch0440->Section 02">440.02(1), Florida Statutes
Compensation will not be paid in several other instances:
if the injury is caused by the employee's willful intention to injure or kill himself or another;
if the injury is caused primarily because the employee is intoxicated or under the influence of drugs;
if the injury or death of the employee is covered by the Federal Employer's Liability Act, the Longshore and Harbor Workers' Compensation Act, or the Jones Act (if the injured worker is a "seaman" or member of a crew).
Reference: Section 2004->Ch0440->Section 09">440.09, Florida Statutes

Q: Can an employer be liable for double compensation?
A: An employer can be liable for double compensation if a minor child is injured while employed in violation of any of the conditions of the child labor laws of Florida. The employer alone, not the insurance carrier, is liable for up to double the normal compensation as provided by the Workers' Compensation Law. To receive further information regarding the Child Labor Law, call the Child Labor Office at (800)226-2536.
Reference: Section 440.54, Florida Statutes

Q: As a small business owner, I fail to see how I can be sued by an injured worker if I provide all the necessary care, light duty work, and offer to retrain the employee.
A: Under the provisions of Chapter 440, Florida Statutes, an injured worker has two years from the date of the accident to file a petition for benefits with the Division of Administrative Hearings. If an employer is providing benefits and return to work options, that should be sufficient to meet the ultimate goal of returning an injured worker to gainful employment. However, an employer/carrier's definition of "necessary care" and that of an injured worker may differ. When that happens, the injured worker has no remedy except to file a petition for benefits and have a judge of compensation claims determine whether the benefits that are being provided are sufficient, or if additional benefits not being provided are required by Florida law. If the employer is providing benefits, all expenditures must be reported to the employer's workers' compensation insurance carrier for statistical purposes.

Q: If I suspect an employer should have Workers' Compensation insurance coverage, but does not, or if I suspect fraudulent activity in a workers' compensation claim, where do I report this?
A: Suspected workers' compensation fraud can be reported directly to the Department of Financial Services, Bureau of Workers' Compensation Fraud, 200 E. Gadsden Street, Suite 100A, Tallahassee, Florida 32301, or to the bureau's toll free hotline number at 1-800-378-0445. Suspected fraud can also be reported to the Florida Workers' Compensation, Bureau of Compliance's toll free hotline at 1-800-742-2214. Anonymous calls are accepted. You can also fill out the Non-Compliance Referral Form to report employer's who do not have workers' compensation insurance coverage. This form can be accessed at the Division's website at http://www.fldfs.com/WC/databases.html.
Reference: Section 2004->Ch0440->Section 1051">440.1051, Florida Statutes

Q: What in the system would prevent an injured worker, who wanted to leave his employer anyway, from claiming to be hurt, waiting out the treatment, still claiming to be hurt and then trying to settle? It would not cost him anything but a few hours to do this and he would have nothing to lose.
A: By law, pain or other subjective complaints alone, in the absence of objective relevant medical findings, are not compensable. However, sometimes these types of claims do occur and they are sometimes settled by insurance carriers for a nominal amount of money to rid the employer/carrier of a nuisance case.
Reference: Section 2004->Ch0440->Section 09">440.09(1), Florida Statutes

Q: Is compensation payable if an employee refuses to use a safety appliance like a hard hat, safety goggles or observe a safety rule?
A: Compensation will still be paid, but indemnity benefits (partial wage replacement) may be reduced by 25 percent if the employee knew about the safety rule prior to the accident and failed to observe the rule, or if the employee knowingly chooses not to use a safety appliance which the employer has directed him to use.
Reference: Section 2004->Ch0440->Section 09">440.09(5), Florida Statutes

Q: Will becoming a drug-free workplace save me money on my insurance premiums?
A: If you implement a drug-free workplace program in accordance with the criteria set forth in s.440.102, Florida Statutes, you may be eligible for a 5 percent premium credit from your insurance carrier to your workers' compensation insurance premium. In addition to the premium credit, having a Workers' Compensation Drug-Free Workplace Program may make your workplace safer, resulting in fewer accidents, which may reduce your workers' compensation costs.
Reference: Section 2004->Ch0440->Section 101">440.101 & 2004->Ch0440->Section 102">440.102, Florida Statutes

Q: Am I required to become a carrier certified drug-free workplace?
A: Becoming a carrier certified drug-free workplace is voluntary. However, without the certification, you would not be eligible for any of the benefits provided under this program.
Reference: Section 2004->Ch0440->Section 101">440.101 & 2004->Ch0440->Section 102">440.102, Florida Statutes

Q: Under the Workers' Compensation Drug-Free Workplace Program, can I conduct random drug testing of my employees?
A: In addition to the situations in which testing is mandatory, the law does not prohibit a private employer from conducting random testing or any other lawful testing of employees. A public employer may institute random testing of employees in "safety sensitive" or "special risk" occupations.
Reference: Section 2004->Ch0440->Section 101">440.101 & 2004->Ch0440->Section 102">440.102, Florida Statutes

Q: Can I use a breathalyzer as a valid drug testing method?
A: Under the Workers' Compensation Drug-Free Workplace Program, the use of a breathalyzer cannot be used as a testing method for initial or confirmation tests.
Reference: Section 2004->Ch0440->Section 101">440.101 & 2004->Ch0440->Section 102">440.102, Florida Statutes

Q: What if an employee refuses to take a drug test?
A: If an injured worker refuses to submit to a test for drugs or alcohol, the employee may forfeit eligibility for medical and indemnity benefits. If an employee or job applicant refuses to submit to a drug test, the employer is permitted to discharge or discipline the employee or may refuse to hire the applicant (if specified in the written Drug-Free Workplace Policy), since, by law, refusal to submit to a drug test is presumed to be a positive test result.
Reference: Section 2004->Ch0440->Section 101">440.101, 2004->Ch0440->Section 102">440.102 & 2004->Ch0440->Section 09">440.09(7)(d), Florida Statutes

Q: If a terminated employee files for unemployment compensation benefits, may I inform the adjudicator that the employee was terminated as a result of a positive drug test?
A: The adjudicator is bound to maintain this information confidential under s.443.1715(3)(b), Florida Statutes, until introduced into the public record pursuant to a hearing conducted under s.443.151(4), Florida Statutes. Under all other instances employers may not release any information concerning drug test results obtained pursuant to section s.2004->Ch0440->Section 102">440.102(8), Florida Statutes, unless such release is compelled by an administrative law judge, a hearing officer, or a court of competent jurisdiction or is deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding.
Reference: Section 42004->Ch0440->Section 101">40.101 & 2004->Ch0440->Section 102">440.102(8), Florida Statutes

Q: Can I post the results of my employees' drug tests?
A: All information, interviews, reports, statements, memoranda and drug test results, written or otherwise, received by the employer through a drug testing program is confidential and cannot be posted in any public manner.
Reference: Section 2004->Ch0440->Section 101">440.101 & 2004->Ch0440->Section 102">440.102, Florida Statutes

Q: Am I responsible for payment for services when my employee participates in an Employee Assistance Program (EAP)?
A: No, but if you choose to pay for an Employee Assistance Program, you have the right to choose the facility providing treatment. If an employee does participate in an Employee Assistance Program, you, the employer, are required to extend the same considerations as reflected under the federal guidelines established for the Americans with Disabilities Act and the Family and Medical Leave Act.
Reference: Section 2004->Ch0440->Section 101">440.101 & 2004->Ch0440->Section 102">440.102, Florida Statutes

Q: How many days does the employee have to re-test the specimen if he or she wishes to contest a positive test result?
A: During the 180 day period after written notification of a positive test result, the employee who has provided the specimen shall be permitted by the employer to have a portion of the specimen re-tested, at the employee's expense, an Agency for Health Care Administration (AHCA) licensed or a USHHS certified laboratory of his or her choice.
Reference: Section 2004->Ch0440->Section 101">440.101 & 2004->Ch0440->Section 102">440.102(5)(g), Florida Statutes

Q: Who pays for the drug test?
A: The employer is responsible for payment of all drug tests they may require. However, if an employee wishes to have the specimen re-tested at a laboratory certified by the Agency for Healthcare Administration (AHCA), it will be at the employee's expense. If the workers' compensation insurance carrier uses a positive test result to determine the compensability of a claim, the carrier would be responsible to cover the costs of the test.
Reference: Section 2004->Ch0440->Section 101">440.101 & 2004->Ch0440->Section 102">440.102, Florida Statutes

If you are an employer and you suspect that your employee is filing or has filed a false claim, and you would like proof, contact Cory T. Knight today. Our Florida private investigators have over fifteen years experience dealing with Florida workers' compensation claims.

Call Cory T. Knight today at (954) 652-0733 to review your Florida workers' compensation investigation.

Florida Workers' Compensation - Florida Private Investigator

Florida Workers' Compensation

Injured Workers FAQ
How long after an accident do I have to report it to my employer?
When should my employer report the injury to their insurance company?
My employer will not report my injury to the insurance company. What can I do?
What kind of medical treatment can I get?
Do I have to pay any of my medical bills?
Will I be paid if I lose time from work?
How much will I be paid?
Do I have to pay income tax on this money?
When will I get my first check?
If I'm only temporarily disabled, how long can I get these checks?
Can I receive social security benefits and workers' compensation benefits at the same time?
Can I receive unemployment compensation and workers' compensation benefits at the same time?
What can I do if I am not receiving my benefit check?
If I am unable to return to work until my doctor releases me, does my employer have to hold my job for me?
Can my employer fire me if I am unable to work because of an injury and am receiving workers' compensation benefits?
If I am unable to return to the type of work I did before I was injured, what can I do?
My employer and the insurance company have denied my claim for workers' compensation benefits. Do I need legal representation to get my benefits? What should I do?
What is the time limit for filing a Petition for Benefits?
Is there a period of time after which my claim is no longer open?
Can I get a settlement from my claim?
If I settle my claim for medical benefits with the insurance company and my condition gets worse later, who pays for my future medical care, surgeries, etc?
What can I do when it is difficult to get a prescription filled or I am having problems with the pharmacy where I get my workers’ compensation medication?

Q: How long after an accident do I have to report it to my employer?
A: You should report it as soon as possible but no later than thirty (30) days or your claim may be denied.
Reference: Section 440.185 , Florida Statutes

Q: When should my employer report the injury to their insurance company?
A: Your employer should report the injury as soon as possible, but no later than seven (7) days after their knowledge. The insurance company must send you an informational brochure within three (3) days after receiving notice from your employer. The brochure will explain your rights and responsibilities, as well as provide additional information about the workers' compensation law. A copy of the brochure can be viewed on this website under “Publications”.
Reference: Section 440.185 , Florida Statutes

Q: My employer will not report my injury to the insurance company. What can I do?
A: You have the right to report the injury to their insurance company. However, if you need assistance, contact the Employee Assistance Office (EAO) at (800) 342-1741 or e-mail wceao@fldfs.com
Reference: Section 440.185 , Florida Statutes

Q: What kind of medical treatment can I get?
A: The medical provider, authorized by your employer or the insurance company, will provide the necessary medical care, treatment and prescriptions related to your injury.
Reference: Section 440.13(2) , Florida Statutes

Q: Do I have to pay any of my medical bills?
A: No, all authorized medical bills should be submitted by the medical provider to your employer's insurance company for payment.
Reference: Section 440.13(14) , Florida Statutes

Q: Will I be paid if I lose time from work?
A: Under Florida law, you are not paid for the first seven days of disability. However, if you lose time because your disability extends to over 21 days, you may be paid for the first seven days by the insurance company.
Reference: Section 440.12 , Florida Statutes

Q: How much will I be paid?
A: In most cases, your benefit check, which is paid bi-weekly, will be 66 2/3 percent of your average weekly wage. If you were injured before October 1, 2003, this amount is calculated by using wages earned during the 91-day period immediately preceding the date of your injury, not to exceed the state limit. If you worked less than 90% of the 91 day period, the wages of a similar employee in the same employment who has worked the whole of the 91-day period or your full-time weekly wage may be used. If you were injured on or after October 1, 2003 , your average weekly wage is calculated using wages earned 13 weeks prior to your injury, not counting the week in which you were injured.
In addition, if you worked less than 75% of the 13 week period, a similar employee in the same employment who has worked 75% of the 13-week period or your full time weekly wage shall be used.
Reference: Section 440.02(28) & 440.14 , Florida Statutes

Q: Do I have to pay income tax on this money?
A: No. However, if you go back to work on light or limited duty and are still under the care of the authorized doctor, you will pay taxes on any wages earned while working. For additional information on Income Tax, you may want to visit the Internal Revenue Service website at: http://www.irs.gov/

Q: When will I get my first check?
A: You should receive the first check within 21 days after reporting your injury to your employer.
Reference: Section 440.20 , Florida Statutes

Q: If I'm only temporarily disabled, how long can I get these checks?
A: You can receive Temporary Total, Temporary Partial Disability payments or a combination of the two benefits during the continuance of your disability for no more than a maximum of 104 weeks.
Reference: Section 440.15(2) , Florida Statutes

Q: Can I receive social security benefits and workers' compensation benefits at the same time?
A: Yes. However an offset, or reduction in your workers' compensation check may be applied because the law states that the two combined may not exceed 80 percent of your average weekly wage earned prior to your injury. For further information on Social Security, you may contact the Social Security Administration at (800) 772-1213 or visit their website at http://www.ssa.gov/.
Reference: Section 440.15(9) , Florida Statutes

Q: Can I receive unemployment compensation and workers' compensation benefits at the same time?
A: No, not if you are receiving temporary total or permanent total disability benefits as you must be medically able and available for work to qualify for unemployment. For additional information on Unemployment Compensation, you may want to utilize the Unemployment Compensation website at: http://www.floridajobs.org/.
Reference: Section 440.15(10), Florida Statutes

Q: What can I do if I am not receiving my benefit check?
A: Call the insurance company and ask for the adjuster or claims representative. If you still have questions and don't understand why the checks have stopped, call the EAO at (800) 342-1741 or e-mail mailto:wceao@fldfs.com.
Reference: Section 440.14 , Florida Statutes

Q: If I am unable to return to work until my doctor releases me, does my employer have to hold my job for me?
A: No, there is no provision in the law that requires your employer to hold the job open for you.

Q: Can my employer fire me if I am unable to work because of an injury and am receiving workers' compensation benefits?
A: No, it is against the law to fire you because you have filed or attempted to file a workers' compensation claim.
Reference: Section 440.205 , Florida Statutes

Q: If I am unable to return to the type of work I did before I was injured, what can I do?
A: The law provides, at no cost to you, reemployment services to help you return to work. Services include vocational counseling, transferable skills analysis, job-seeking skills, job placement, on-the-job training, and formal retraining. To find out more about this program, you may contact the Department of Education, Division of Vocational Rehabilitation, Bureau of Rehabilitation and Reemployment Services at (850) 245-3470 or visit their website at: http://www.rehabworks.org/
Reference: Section 440.491 , Florida Statutes

Q: My employer and the insurance company have denied my claim for workers' compensation benefits. Do I need legal representation to get my benefits? What should I do?
A: It is your decision whether or not to hire an attorney. However, the EAO can assist you and attempt to resolve the dispute. If unable to resolve, the EAO can further assist you in completing and filing a Petition for Benefits. This service is provided at no cost to you. For assistance call: (800) 342-1741 or e-mail mailto:wceao@fldfs.com. For the location of the nearest EAO, click on: http://www.myfloridacfo.com/WC/dist_offices.html.
Reference: Section 440.191 & 440.192 , Florida Statutes

Q: What is the time limit for filing a Petition for Benefits?
A: In general, there is a two (2) year period to file a Petition. However, it depends on the type of issue in dispute. You may call the EAO at (800) 342-1741 or e-mail mailto:wceao@fldfs.comfor specific information.
Reference: Section 440.19(1) , Florida Statutes

Q: Is there a period of time after which my claim is no longer open?
A. If you were injured on or after January 1, 1994 , the claim is closed one (1) year from the date of your last medical treatment or payment of compensation. This period of time is referred to as the Statute of Limitations. If you were injured before January 1, 1994 , the period is two (2) years.
Reference: Section 440.19(2) , Florida Statutes

Q: Can I get a settlement from my claim?
A: Settlements may be made under certain circumstances and are voluntary; not automatic or mandatory.
Reference: Section 440.20 (11)(a)(b)(c), Florida Statutes

Q: If I settle my claim for medical benefits with the insurance company and my condition gets worse later, who pays for my future medical care, surgeries, etc?
A: You are responsible for your future medical needs after your claim for medical benefits is settled.

Q: What can I do when it is difficult to get a prescription filled or I am having problems with the pharmacy where I get my workers’ compensation medication?
A: In Florida, an injured worker has the right to select a pharmacy or pharmacist. Florida law prohibits interference with your right to choose a pharmacy or pharmacist. However, a pharmacy is not required to participate in the workers’ compensation program. If at any time, you become dissatisfied with your pharmacy or pharmacist’s services, you can seek another pharmacy to fill your prescriptions.
Reference: Section 2006->Ch0440->Section 13#0440.13">440.13 (3)(j), Florida Statutes

Feel free to contact Cory T. Knight today with your Florida workers' compensation accident questions. (954) 652-0733 or click here to contact us via e-mail.

South Florida Workers Compensation Attorneys FAQ

South Florida Workers' Compensation Attorney
FAQ Frequently asked questions about workers' compensation.

What's Below:
What is workers' compensation?

Who pays workers' compensation benefits?

Are all on-the-job injuries covered by workers' compensation?

Does workers' compensation cover only injuries, or does it also cover long-term problems and illnesses?

Do I have to be injured at my workplace to be covered by workers' compensation?

What kind of benefits will I receive?

Can I be treated by my own doctor and, if not, can I trust a doctor provided by my employer?

If I am initially treated by an insurance company doctor, do I have a right to see my own doctor at some point?

Can I ever sue my employer in court over a work-related injury?

What if my employer tells me not to file a workers' compensation claim or threatens to fire me if I do?


What is workers' compensation?

Workers' compensation is a state-mandated insurance program that provides compensation to employees who suffer job-related injuries. An injured employee gets the benefits regardless of who was at fault -- the employee, the employer, a co-worker, a customer or some other third party. In exchange for these guaranteed benefits, the employees usually do not have the right to sue the employer in court for damages for the injuries.

Who pays workers' compensation benefits?

In most states, employers are required to purchase insurance for their employees from a workers' compensation insurance company -- also called an insurance carrier. However, in some states, smaller companies (with fewer than three or four employees) are not required to carry workers' compensation insurance. In some states, larger employers who are clearly solvent are allowed to self-insure, or act as their own insurance companies. When a worker is injured, his or her claim is filed with the insurance company -- or self-insuring employer -- who pays medical and disability benefits according to a state-approved formula.

Are all on-the-job injuries covered by workers' compensation?

Most are. The workers' compensation system is designed to provide benefits to injured workers, even if an injury is caused by the employer's or employee's carelessness. But there are some limits. Generally, injuries that happen because an employee is intoxicated or using illegal drugs are not covered by workers' compensation. Coverage may also be denied in situations involving: self-inflicted injuries (including those caused by a person who starts a fight) injuries suffered while a worker was committing a serious crime injuries suffered while an employee was not on the job, and injuries suffered when an employee's conduct violated company policy.

Does workers' compensation cover only injuries, or does it also cover long-term problems and illnesses?

Your injury need not be caused by an accident -- such as a fall from a ladder -- to be covered by workers' compensation. Many workers, for example, receive compensation for repetitive stress injuries, including carpal tunnel syndrome and back problems, that are caused by overuse or misuse over a long period of time. You may also be compensated for some illnesses and diseases that are the gradual result of work conditions -- for example, heart conditions, lung disease and stress-related digestive problems.

Are You Covered by Workers' Compensation?

Most workers are eligible for workers' compensation coverage, but every state excludes some workers. Exclusions often include: business owners, independent contractors, casual workers domestic employees in private homes, farm workers ,maritime workers ,railroad employees, and unpaid volunteers. Federal government employees are also excluded from state workers' compensation coverage, but they receive workers' compensation benefits under a separate federal law. In addition, about one-third of the states do not require workers' compensation coverage of employers having fewer than a designated number of employees -- three to five, depending on the state. So, if you work for one of these employers, you may be excluded from the state program.

Do I have to be injured at my workplace to be covered by workers' compensation?
No. As long as your injury is job-related, it's covered. For example, you'll be covered if you are injured while traveling on business, doing a work-related errand or even attending a required business-related social function.

What kind of benefits will I receive?
The workers' compensation system provides replacement income, medical expenses and sometimes vocational rehabilitation benefits -- that is, on the job training, schooling or job placement assistance. The benefits paid through workers' compensation, however, are almost always relatively modest. If you become temporarily unable to work, you'll usually receive two-thirds of your average wage up to a fixed ceiling. But because these payments are tax-free, if you received decent wages prior to your injury, you'll fare reasonably well in most states. You will be eligible for these wage-loss replacement benefits as soon as you've lost a few days of work because of an injury or illness that is covered by workers' compensation. If you become permanently unable to do the work you were doing prior to the injury, or unable to do any work at all, you may be eligible to receive long-term or lump-sum benefits. The amount of the payment will depend on the nature and extent of your injuries. If you anticipate a permanent work disability, contact your local Workers' Compensation office as soon as possible; these benefits are rather complex and may take a while to process. Social Security Benefits for the Permanently Disabled If you're permanently unable to return to work, you may qualify for Social Security Disability benefits.

Social Security will, over the long run, provide more benefits than workers' compensation -- but be forewarned that these benefits are hard to get. They are reserved for seriously injured workers. To qualify, your injury or illness: must prevent you from doing any "substantial gainful work," and must be expected to last at least twelve months, or to result in death. If you think you may meet the above requirements, contact your local Social Security office.

Can I be treated by my own doctor and, if not, can I trust a doctor provided by my employer?

In some states, you have a right to see your own doctor if you make this request in writing before the injury occurs. More typically, however, injured workers are referred to a doctor recruited and paid for by their employers. Your doctor's report will have a big impact upon the benefits you receive. While it's crucial that you tell the doctor the truth about both your injury and your medical history (your benefits may be denied based on fraud if you don't), be sure to clearly identify all possible job-related medical problems and sources of pain. This is no time to downplay or gloss over your injuries. Keep in mind that a doctor paid for by your employer's insurance company is not your friend. The desire to get future business from your employer or the insurance company may motivate a doctor to minimize the seriousness of your injury or to identify it as a pre-existing condition. For example, if you injure your back and the doctor asks you if you have ever had back problems before, it would be unwise to treat the doctor to a 20-year history of every time you suffered a minor pain or ache. Just say "no" unless you really have suffered a significant previous injury or chronic condition.

If I am initially treated by an insurance company doctor, do I have a right to see my own doctor at some point?

State workers' compensation systems establish technical and often tricky rules in this area. Often, you have the right to ask for another doctor at the insurance company's expense if you clearly state that you don't like the one the insurance company provides, although there is sometimes a waiting period before you can get a second doctor. Also, if your injury is serious, you usually have the right to a second opinion. And in some states, after you are treated by an insurance company's doctor for a certain period (90 days is typical), you may have the automatic right to transfer your treatment to your own doctor or health plan, while the worker's compensation insurance company continues to pay the bill. Because the insurance company is paying, don't hesitate to go to a doctor who specializes in your injury or illness -- even if the cost is great. To understand your rights, get a copy of your state's rules or, if necessary, research your state workers' compensation laws and regulations in the law library.

Can I ever sue my employer in court over a work-related injury?
Yes. If you are injured because of some reckless or intentional action on the part of your employer, you can bypass the workers' compensation system and sue your employer in court for a full range of damages, including punitive damages, pain and suffering and mental anguish.

What if my employer tells me not to file a workers' compensation claim or threatens to fire me if I do?

In most states, it is a violation of the workers' compensation laws to retaliate against an employee for filing a workers' compensation claim. If this happens, immediately report it to your local workers' compensation office. For further information regarding Florida Workers' Compensation injury cases, including those involving wrongful death and traumatic brain injury, or any other personal injury or accident, contact the attorneys at the Law Offices of Paul S. Rosenberg, David E. Rosenberg, and Abe Rosenberg at the law firm of Rosenberg & Rosenberg, P.A. today.

South Florida Workers' Compensation Attorney Paul S. Rosenberg, David E. Rosneberg, Abe Rosenberg or any associate attorneys at Rosenberg & Rosenberg, P.A. are always available to answer your questions about Florida workers compensation questions.