Workers’ Compensation FAQ

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Q: What is Florida workers’ compensation?

A: Florida workers’ compensation is a form of insurance providing wage replacement and medical benefits to employees who have been injured on the job or have a condition which has been caused by activities performed on the job.

Q: Why should I make a workers’ compensation claim?

A: If you become injured or disabled as a direct result of your work activities, you may require medical attention and perhaps hospitalization and follow-up care.  If no claim is filed, you may be personally responsible for the medical bills. Serious injuries or conditions can cause extensive loss of time or perhaps even a loss of your job.  Filing a workers’ compensation claim with the Law Firm of Hoskins, Turco, Lloyd & Lloyd while seeing a Florida workers’ compensation approved doctor for medical care may entitle you to financial benefits, medical coverage for your injury and a possible settlement for your injuries.  

Q: How long do I have to report the accident to my employer?

A: You should report the accident as soon as possible. Under Florida law (Section 440. 185), you only have 30 days from the date of the incident or your claim could be denied.

Q: What happens after that?

A: After that, your employer needs to report the injury to the insurance company within seven days after it was brought to their attention. The insurance company then has three days after it receives notice from the employer to send you an informational brochure. It explains your rights and responsibilities as well as the Workers’ Compensation law. If your employer fails to or refuses to report your injury to the insurance company, you can report it to the state Division of Workers’ Compensation at (800) 342-1741.

Q: Is my employer required to have workers’ compensation insurance?

A: Every employer in the State of Florida who employs four or more employees, part-time or full-time, is required to comply with the provision of the workers’ compensation law. The definition of an “employee” is any person engaged in employment under an appointment or contract of hire, express or implied, oral or written. This includes minors and aliens, whether lawfully or unlawfully employed. However, it does not include independent contractors. If an employer fails to have compensation insurance as required by the workers’ compensation Law, a penalty not to exceed $5,000.00 for each employee of that employer may be assessed against the employer.

Q: Do I have to pay any of the medical costs?

A: No. If you receive a bill from an authorized physician you should send it to your employer’s insurance carrier. Your employer must furnish medically necessary remedial treatment, care, and attendance required by the injury.

Q: Can I afford a lawyer and what is meant by a no-recovery fee?

A: Yes, you can afford a lawyer because if there’s no recovery, there are no fees or costs. This means that our law firm pays all the up-front costs, and you pay nothing until a recovery is obtained. Any questions you have regarding the fee and cost agreement with our firm will be explained to you in detail and in writing.

Q: Why do I need a lawyer when the insurance company has offered to pay my medical bills?

A: Florida law provides for an injured person to be compensated or made whole by the responsible party. The extent of compensation will vary depending on the specific facts of the case. This is why it is so important to seek early consultation with a lawyer experienced in injury cases to help you obtain the maximum recovery allowed by law.

Q: What other questions might you have?

A: If you’ve been injured on the job, call us today for a free consultation at any of our four offices on the Treasure Coast to discuss your Workers’ Compensation claim.  

Call today 866-460-1990