7 Florida Workers’ Compensation Myths

7 Florida Workers’ Compensation Myths

1. I am entitled to pain and suffering. This is one of the biggest myths and misunderstandings we come across with our clients regarding their workers’ compensation cases. In Florida, the law does not provide for an award of pain and suffering and these damages are not recoverable.
2. I have a right to a jury trial. There is no jury when it comes to a workers’ compensation claim. The Florida Office of the Judges of Compensation Claims is the judicial body that hears motions and will hear your eligibility for medical and money benefits.
3. If I am hurt, my employer will fill out all the necessary paperwork for my claim and help me. While your employer should file a first report of injury with the State of Florida, filing this form does not in and of itself protect your rights. You may very well need help filing a Petition for Benefits to protect your rights and claims. Our office can assist you with this process.
4. If I am at fault in the work accident, I cannot receive benefits. This is not true. Florida workers’ compensation in most circumstances does not take fault into account.
5. All injuries are covered by workers’ compensation if they happen at work. While many accidents that happen at work are covered by workers’ compensation, not all injuries and accidents are. First, it must be a covered employee and the accident should be one that is not an exception in workers’ compensation such as an accident caused by intoxication or anxiety or stress from a job. There must be an essential nexus, or connection, between the accident and the workplace.
6. I can pick my own doctor. The insurance company will select your authorized treating physician. You will be entitled to one, one-time change, and even then, during the first five days of asking for the one-time change, the insurance company will select your authorized treating doctor.
7. Workers’ Compensation will cover all of my damages. Workers’ compensation will only pay a portion of your wages while you are out of work. You do not receive 100% of your lost wages in Florida and you cannot file a claim for physical pain and emotional suffering. We can assist you to maximize your recovery.

It is critical to be informed regarding your rights in Florida concerning your workers’ compensation claim. If we can assist you, please contact us at Harris Guidi Rosner PA at (904) 777-7777 for a free consultation or email us at mills@harrisguidi.com to schedule a time to discuss your case.