1. When should I notify my employer that I had an injury on the job?
   Right away. Even if it seems that your injury is small, you should inform your employer so that they can complete a Notice of Injury. Often, the injury is worse than you thought it was, and if you delay, the employer or its workers' compensation insurance carrier may try to deny benefits.

2. Can my employer fire me for making a claim for workers' compensation benefits?
   No. Florida law prohibits employers from terminating an employee for filing a workers' compensation claim. However, the employer does not have to hold your position for you if you are too injured to return to your work. If you feel you have been wrongfully terminated or are in fear that you may be, do not hesitate to contact us so that we can discuss your rights.

3. How do I go about getting a doctor after I've been hurt?
   Ask your employer for permission to go to a doctor, clinic or emergency room. If they delay in authorizing treatment, contact an attorney immediately.

4. What if I am not happy with my medical care under workers' compensation?
   You are entitled to a second medical opinion, and in some cases, you may be able to select the doctor of your choice. Depending on the date of your accident, you may be entitled to only one change of doctors, so you want to be careful when you use this right.

5. Why shouldn't I just use my own health insurance to see a doctor instead of going under workers' compensation?
   There are many reasons that failing to go under the workers' compensation system can be to your disadvantage or even devastating. Workers' compensation not only pays for your medical treatment, but pays you for your time when you are unable to return to your work due to the injury, and provides other benefits as well. If you choose to go under your own health insurance, you may be forfeiting your rights to obtain those benefits.

6. What benefits should I expect to receive as a result of my workers' compensation injury?
   Benefits vary depending on the facts of your particular case, so you should speak with an attorney if you want to ensure that you know your rights. The following are some of the benefits you may expect: The employer and its workers' compensation insurance company are required to provide you all medically necessary treatment, testing and prescriptions related to the injury, as well as mileage to and from your medical appointments. In most cases, they must also pay you during the time period that your doctor determines you are unable to work due to your injury. Once the doctor determines that you have reached the point of maximum medical improvement, you may be due benefits depending on the impairment that the doctor feels you have sustained. Depending on the severity of your injury and restrictions, as well as your work and educational history, you may be eligible for retraining benefits or continued workers' compensation benefits.

7. How much will I receive when I am out of work due to my injury?
   Generally, you should receive approximately 2/3^rds of the gross wages that you were earning at the time of the injury. The rate varies depending on whether the doctor has you off work altogether, or has provided you restrictions that your employer cannot accommodate. If you had a second job at the time of the injury, or if the employer has stopped paying for your fringe benefits since the injury, you may be entitled to an increase in your rate. Calculating the correct rate is confusing and often, claimants discover that they have been underpaid. If you would like help calculating what your rate should be, please feel free to contact us for a free consultation.

8. My employer has cut my hours since my injury. Is there anything I can do?
   Depending on the facts of your case, you may be due additional indemnity benefits from workers' compensation even while you are working, if your pay falls below a certain level.

9. What happens if I decide to quite my job?
   Leaving your job could jeopardize some types of indemnity benefits. If your doctor has released you to return to work with restrictions, you should attempt to work if your employer will accommodate those restrictions.

10. What if I cannot return to my job?
    If your doctor gives you permanent restrictions that your employer cannot accommodate, you may be eligible for a retraining program paid for by the stae of Florida, and you may be entitled to receive pay while you are in the program. If your injury is so severe that you will not be able to work in any position, your workers' compensation pay could extend throughout your life.

11. Do I have to settle my case?
    No, neither side can be forced or ordered to settle the workers' compensation case. If you do not settle your case, you have the right to receive workers' compensation benefits for the rest of your life including all medically necessary treatment related to the injury, as long as the statute of limitations does not run. (In most cases, seeing the authorized treating physician at least once a year will ensure that the statute of limitations does not run, but an attorney will be able to tell you the requirements for your particular case.) Often, claimants think that their case is closed because a doctor has released them or placed them at maximum medical improvement or because the claimant has received their impairment benefits. This is not true. Our case is not settled until you have signed an agreement releasing the employer and its insurance company from providing you future benefits in exchange for you receiving something, usually a lump sum amount of money. If you choose to settle your case, it is importatnt that you understand what future benefits you may be giving up before signing the settlement agreement.

12. What responsibilities do I have under the workers' compensation system?
    

• Report your injury or illness to your supervisor as soon as possible.
• Attend all medical appointments. You may reschedule appointments, but failing to show up without calling could jeopardize your benefits.
• Even after being released by your authorized doctor, return to see him at least once a year.
• You are required to complete and return some forms to the insurance carrier, including requests for informtation about your current earnings. (If you have a question about whether you are required to provide a particular document, please do not hesitate to contact us for a free consultation.)