Common Questions About Florida Workers’ Compensation Part 2

January 19, 2021
Our Pharmacy Network Workers Comp

It can be a very tedious and mundane task trying to comprehend the rules and regulations surrounding Florida’s workers’ compensation. But there’s no reason to confuse yourself as you read through countless articles explaining laws. While we’re not able to easily explain everything that encompasses Florida’s workers’ compensation in a single article, the least we can do is provide you the answers to the most common questions. Continuing where we left off with Part 1, below are more answers to questions concerning workers’ compensation in Florida.

Common Questions & Answers About Florida Workers’ Compensation, Part 2

Should my Employer Have Workers’ Compensation Insurance? How do I know if I’m Covered?

Your Employer is expected to have Workers’ Compensation insurance when they meet one or more of the following criteria:

  • They have four (4) or more full or part-time employees when NOT in the construction industry.
  • They have one (1) or more employees (including themselves) when in the construction industry.
  • They are a state or local government.
  • They are a farmer with 5+ regular employees and/or 12+ seasonal employees who work for thirty or more days.

If they meet any of these criteria, they should post information about your employer’s insurance coverage plan and provider somewhere readily accessible at your place of work. If you have difficulty obtaining information about your employer’s insurance provider, you may contact the Employee Assistance and Ombudsman Office.

Is There a Time Limit to File my Claim? What Are The Stages of the Chains Process & What Should I Expect?

You have 30 days from your accident or 30 days from your doctor’s diagnosis that you’re suffering from a work-related injury to notify your employer that you plan to seek workers’ compensation. Immediately upon notifying, your employer will have 7 days to notify your employer of the injury to contact the insurance provider. If your employer and/or insurance provider denies your claim for workers’ compensation, you’ll have 2 years to file a petition for benefits with the Employment Assistance Office. You may choose to be represented by an attorney. This, however, is not required.

When you’re beginning the petition process, you must file a Petition for Benefits form with the Office of Judges of Compensation Claims. When the Petition is filed, the carrier must either pay the requested benefits without prejudice to its right to deny within 120 days of receiving the petition or file a response. The response will provide the insurance provider’s justifications for why each requested benefit was not paid.

A Judge of Compensation Claims reviews the Petition as well as the response, scheduling a mediation date to resolve the issues.

If I’m Not Happy With The Determination, How do I Appeal?

If you’re not satisfied with the determination made during the mediation with the Judge of Compensation Claims, you may pursue an administrative hearing. This hearing will include a pre-trial hearing and a final hearing. Such proceedings will resemble proceedings in a trial, where you and your attorney on your behalf present evidence and expert testimony related to your case and claim. Within 30 days of your final hearing, the judge will issue a decision.

If you’re still unsatisfied with the determination, you can appeal to the First District Court of Appeals.

Need Help With Florida Workers’ Compensation? Contact Our Pharmacy Network Today!

Here at Our Pharmacy Network, we’re well-known for our pharmaceutical delivery. But besides providing injured workers and first responders the medicine they need in a convenient manner, we also introduce them to our deep network of attorneys and physicians. If you need more answers concerning Florida workers’ compensation that weren’t provided to you here, feel free to call us today at  844.238.9313 or visit our contact page. We can guarantee that when you choose Our Pharmacy Network for its expertise in Florida workers’ compensation as well as pharmaceutical delivery, you’ll be forever added to our growing list of satisfied customers.

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