Getting hurt on the job creates immediate stress about how you'll pay your bills while you recover. If you work in Orlando or anywhere in Central Florida, knowing when your benefit checks will arrive is likely your top priority. We see this concern every day from employees across Orange County who just want to get back on their feet. Here is the realistic timeline for receiving your benefits and getting your life back to normal.
Report your injury to your employer immediately. In Florida, you have 30 days to report the accident, but waiting even a few days gives insurance companies a reason to doubt your story. Written notice is always best so you have a paper trail. If your employer refuses to acknowledge the injury, document your attempt to report it.
Once you report the incident, request to see a doctor right away. Your health is the priority. Also, specific medical documentation is the foundation of your claim. Without it, the insurance company won't pay a dime. If you're unsure about your rights or if your employer is ignoring you, speaking with a personal injury attorney early in the process can clarify your next steps.
Your employer generally handles filing the claim with their insurance carrier after you report it to them. They are required to report the injury to their insurer within 7 days of notice. The insurer then sends you an informational brochure within 3 days of receiving that report.
While the employer usually starts the paperwork, you don't have to wait on them if they are dragging their feet. You can contact the insurance carrier directly. You have two years from the date of the accident to file a formal petition for benefits if the carrier denies responsibility. However, the sooner the process starts, the sooner you get paid. This is the first step to securing workers compensation in Orlando, Florida.
In Florida, the insurance carrier has 14 days after receiving the report to either start paying benefits or deny the claim. They must send you a "Notice of Action/Change" to explain their decision. If they need more time to investigate, they might pay you under the "120-day rule."
This rule allows them to pay benefits for up to 120 days while they investigate the accident without admitting liability. They can deny the claim at any point during this period. We often see cases where a worker in Winter Park or downtown Orlando thinks their claim is accepted because they are getting checks, only to receive a denial letter three months later.
You should receive authorized medical care immediately after reporting the injury. The catch is that you generally must see the doctor chosen by the insurance company or your employer to get coverage. If you go to your own doctor without authorization, you might end up paying that bill yourself.
The insurance company has the right to transfer your care if you request a one-time change of physician. They have 5 days to respond to that request. If they don't respond, you can choose your own doctor. This is where a worker's compensation attorney becomes a vital ally. We help you pick a doctor who prioritizes your recovery rather than one who prioritizes the insurance company's profits.
Checks usually start within 21 days of reporting the injury if you miss more than 7 days of work. You receive 66 2/3% of your average weekly wage during the 13 weeks prior to the accident. There is a state maximum for these payments. For injuries occurring in 2024, the maximum weekly compensation rate is $1,260.
You won't get paid for the first 7 days of disability unless you're out of work for more than 21 days. Once you pass that 21-day mark, the carrier pays you for that first week retroactively. Payments typically arrive on a bi-weekly schedule. If your checks are late or the amount looks wrong, it's time to ask questions. Accurate calculation of workers compensation in Orlando, Florida is essential for keeping your household running.
If your claim gets denied, you file a Petition for Benefits with the Office of Judges of Compensation Claims. This starts a legal process involving mediation and potentially a final hearing. Mediation usually happens within 130 days of filing the petition.
While that sounds like a long time, many cases resolve sooner. In our years serving Central Florida, we've learned that insurance companies often change their tune when they see you have professional representation. They know we understand the local judges and the specific laws in Orange County. We fight to speed up this timeline whenever possible.
Yes, you can settle your workers' compensation case for a lump sum, but this closes your claim forever. The settlement amount depends on your future medical needs, lost wages, and the extent of your permanent impairment.
Never rush into a settlement. Once you sign the release, you cannot ask for more money later, even if your condition gets worse. Whether you live in Conway, College Park, or near Lake Nona, medical costs in our area are rising. You need a settlement that covers your actual needs, not just a quick payout that leaves you short later.
The timeline for workers compensation in Orlando, Florida involves strict deadlines and specific percentages. Missing a deadline by even one day can cost you thousands of dollars in benefits. You don't have to face the insurance adjusters alone.
We are here to protect your rights and help you get every penny you earned. If you have been injured on the job, contact Adam Ross Littman, Attorneys at Law, at (407) 644-9670. We will review your case and help you map out the best path forward.