One of the significant differences in the Workman Compensation Law of Florida has to do with the reporting time injured employees have to report work-related injuries. In the majority of states, employees are given three to four days to report an injury to their employer. In the state of Florida, injured employees have a full month to do so. Once the employer receives the report, he has one week to notify the state as well as the carrier providing the coverage. Should the employer neglect to make such notification, the employee is permitted to make the notification.
Every state has exemptions as to particular employers who can obtain an exemption from participation in the Workman Compensation Law. In most cases, this would apply to Agricultural workers, Domestic help and sub-contractors. in Florida, executives of a Construction company may receive a waiver. However, the law stipulates there can be only three, and they must be able to provide documentation showing they have at least a ten percent ownership in the company. Employees of a Real Estate Firm who are paid on a commission only basis are exempt from the Florida Workman Compensation program. In addition, those who are considered owner-operators of vehicles considered “for hire” and transport either property or passengers will be considered exempt from the coverage.
When an employee is injured, the Insurance provider must submit a list to the worker showing all physicians and Managed care facilities available to treat the employee. It is the choice of the worker which he or she uses for Medical care. A worker also has the right to change Care providers, through petition, one time. The state of Florida also addresses the situation where an injured worker has received what would be considered maximum care for an injury has been given, but the employee chooses to continue treatment. In this case, the state will require a ten dollar co-pay for each visit.
Each state requires a ‘waiting period” for approval of benefits. This period can range from just a couple of days to a week. Florida law provides for a seven day period. This simply means if a worker’s injury has been successfully treated, and is presenting no further issues prior to the period lapsing additional benefits will not be approved. In other words, although the Medical expenses incurred when the accident first occurred, and the expenses involved in the week-long treatment would be covered the benefits would stop at that point.