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FAQ

  • Workers' Comp FAQ

    • How Long After a Workplace Accident Do I Need to Report It to My Employer?

      If you have been injured on the job, you need to report it to your employer as soon as possible. If you do not let your superiors know within 30 days, your workers’ compensation claim could be denied.

    • Can I Seek Medical Treatment?

      Your employer’s insurance company should offer a list of authorized medical providers to provide care, prescriptions, therapy, and other support you need to recover after a workplace accident.

    • How Will I Pay My Medical Bills?

      All bills accrued through authorized physicians should be submitted for payment by the provider to your employer’s insurance company. The burden of medical bills should not be left with an injured worker.

    • Will I Be Paid if I Need to Take Time off Work to Recover?

      The first seven days of workers' comp disability are unpaid, but if your disability extends over 21 days, the insurance company may provide back pay for the first week off work.

    • Will I Be Paid the Same Amount as My Normal Paychecks?

      No. You will be paid sixty-six and two-thirds percent of your average weekly wage on a bi-weekly schedule. This number is calculated using the wages you earned in the 13 weeks prior to your injury.

    • When Will I Get My First Check?

      You should be paid 21 days after your accident was reported to your employer.

    • Is Income Tax Paid From Workers’ Comp Benefits?

      If you are on total disability, you will not pay income tax from your workers’ compensation payments. If you are cleared to return to work in a limited or light duty capacity, you will pay taxes on income earned then.

    • Does My Employer Have to Hold My Job if I Can’t Return to Work?

      No, there is nothing stated in the law that an employer must keep a job available for you if you do not return to work after the doctor has cleared you to do so.

    • Can I Be Fired if I Can’t Work Because of My Injury and Receiving Benefits?

      No, you cannot be fired if you have filed or even attempted to file a workers’ compensation claim. That is against the law.

    • Can I Receive Workers’ Comp and Social Security Benefits Simultaneously?

      Yes, but the two benefits combined may not exceed 80 percent of your average weekly wage.

    • How Long Do I Have to File a Petition for Benefits?

      Typically, you must file your petition for benefits within two years of your injury.

    • What Do I Do If My Workers’ Compensation Claim Has Been Denied?

      You should hire a workers’ compensation attorney in Daytona Beach who can evaluate your claim and give you advice on how best to move forward. At Politis & Matovina, P.A., we offer a free consultation.