- Florida law provides a limited number of waivers from the coverage requirement.worker image by Robert Kelly from Fotolia.com
Dealing with a workers’ compensation issue can be difficult, especially if you do not understand some of the state workers’ compensation laws. One organization that seeks to bridge this gap in Florida is the Employee Assistance and Ombudsman Office (EAO). In an effort to help answer any questions injured employees might have, EAO provides a free inquiry service by phone or email. - Generally, all employers in Florida are required to provide workers’ compensation insurance to their employees. An employer can self-insure, or use a private insurance company to provide the benefit. If you are a domestic servant, your employer may provide you with voluntary coverage.
Typically, agricultural employers must provide this benefit to their employees.
Florida law may permit waivers from this requirement. One such example involves employers who have fewer than four employees. Similarly, corporate officers have the option of declining workers’ compensation insurance coverage. However, the corporate officer must show at least 10 percent ownership and no more than three corporate officers may apply for exemption. - As an injured employee, the law allows you to choose your physician from the list of providers carried by your employer’s carrier. You may only request a change of your care provider once.
In cases in which you are provided with care outside an authorized managed care system, the law authorizes your employer to choose your physician.
Upon meeting maximum medical improvement from your injury, the law requires you to incur a $10 co-payment fee for medical services. If you scheduled an independent medical examination and you did not report for the appointment, you are responsible for 50 percent of the provider’s “no show” fee. - The minimum wait period for your workers’ compensation benefits is seven days. Therefore, if your injury or disability does not continue beyond this wait period, you may not receive any workers’ compensation benefits.
- Depending on the specific length of your injury, you may qualify for retroactive payments. Under this requirement, if your injury has lasted for more than 21 days from the original date of your injury, you may qualify for retroactive payments, which requires your employer to pay you for work absences resulting from your injury or disability.
- An attorney or a law office may not charge you above a certain amount for attorney fees, as provided in the state’s workers’ compensation act. For example, an attorney may only charge you 20 percent for the first $5,000, or 15 percent for the second $5,000 of the recovery amount. Similarly, an attorney may not charge you more than 10 percent on the recovery amount received within the first 10 years, and 5 percent for the remaining years.
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