When Does Workers Comp Start Paying? - Victor Malca P.A.

According to Florida law, your insurance carrier should start paying workers comp benefits within 21 days after you report your injury to your employer. You can expect to receive your first workers’ comp check within three weeks of reporting your injury.

The above timeline, however, is only applicable if your claim is approved immediately. More often than not, your insurance carrier will find any reason to deny your claim.

When this happens, you’ll have to go through the appeals process and even bring your case before a judge. This can significantly delay your workers’ comp payment.

On average, appealing a workers comp can take 3 to 6 months. Some cases can even take years. This means that instead of 21 days, you may have to wait years before receiving your first workers’ comp check.

So when does workers comp start paying? To answer this, you must understand how workers comp works in Florida.

HOW DOES WORKERS COMP WORK?

In Florida, workers’ compensation works by providing benefits to employees who suffer work-related injuries or illnesses. When an employee is injured, they must report the injury to their employer within 30 days. Once reported, the employee can seek medical treatment for their work-related condition.

Workers’ compensation insurance typically pays for medical bills, lost wages, prescription medications, and necessary rehabilitation. The benefit check, paid bi-weekly, is usually 66 2/3 percent of the employee’s average weekly wage.

Employers in Florida are legally required to secure workers’ compensation insurance to compensate employees for lost wages and medical expenses resulting from work-related injuries or illnesses.

WORKERS COMP TIMELINE IN FLORIDA

The first step to getting your workers comp benefits is to report your injury to your employer. In Florida, you must report your injury within 30 days after it happened or after you’ve known of it. Otherwise, your claim can be denied.

After reporting your injury, your employer has 7 days to inform your insurance carrier about it. Your insurance carrier will then verify your claim. They’ll start paying you your workers’ comp benefits if they have no objections.

For disabilities that are immediate and continuous for at least 8 days, the first benefit check should arrive no later than 14 days after you’ve reported your injury. But if the first seven days of your injury are delayed or nonconsecutive, you should receive your check on the 6th day after the first 8 calendar days of disability.

But, if your claim is denied, you can appeal it. You and your insurance carrier will then be brought together for mediation. If that doesn’t work, your case will be brought before a workers compensation judge. As I’ve said, workers comp cases that make it to court can take months or years to get approved or denied.

Sometimes, your insurance carrier may need to investigate your claim further. If the investigation extends beyond the time limit set by the law, they may still pay your benefits even before judgment is rendered.

However, they should issue an approval or denial within 120 days after issuing your first check. If they fail to do so, they can’t deny your claim anymore unless they can produce material evidence that would have been impossible to get within 120 days.