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Workers' Compensation FAQs

Injured Workers

Anyone working for a company that carries workers’ compensation insurance is eligible to seek compensation following a work-related injury.

Yes. There is no requirement that employees work a certain number of hours to be eligible for workers’ compensation.

In most cases, employees qualify for compensation beginning on the first day of their employment.

No. Under the law, employers can not fire you merely because you filed a claim. Doing so would be considered a wrongful termination, which could be subject to a lawsuit.

You should report work-related injuries as soon as possible and no later than 30 days from the date of the incident or within 30 days from the date your doctor diagnoses you with a work-related injury.

Be honest. Do not exaggerate or understate your injury and pre-existing conditions. Inconsistencies in your medical report could ultimately undermine your case.

In Florida, workers’ compensation law allows injured workers to receive up to 104 weeks of temporary compensation. To continue receiving compensation, an employee must remain on a “no work” status or under limitations that an employer cannot accommodate.

No. Your employer pays for workers’ compensation insurance for all employees, and your employer’s insurance company pays for your benefits.

The best time to hire a lawyer is immediately after you get injured. Our expert workers comp attorney Ken Hesser can guide you through the often-complicated settlement process, help you file a worker’s comp appeal, and negotiate to maximize your compensation.

The issue is then scheduled to be resolved in a hearing at a later date. Injured workers should contact a workers compensation attorney as soon as they know about the hearing to ensure they are well-prepared.

In Florida, you’ll be eligible for temporary total disability benefits if you need time away from work to recover from your work-related injury. However, you won’t get these benefits for the first seven days off work, unless your injury keeps you from working for more than 21 days. Temporary total disability benefits typically equal two-thirds of your average weekly wage just before the injury, up to a legal maximum that’s adjusted annually. For injuries in 2020, the maximum is $971 per week. For severe injuries, such as paralysis or blindness, injured workers may be eligible for higher compensation.

No. Workers’ compensation only covers disabilities that directly relate to the injury in question.

Contact an experienced attorney with a good track record helping injured workers get the compensation they deserve. Ken Hesser is our star workers’ compensation attorney at Hesser & Kipke. He can help you gather favorable evidence and negotiate with the insurance company to maximize your settlement. Contact us today to schedule a case consultation.


In Florida, all construction businesses must carry workers’ compensation insurance. Non-construction businesses with four or more employees (full-time or part-time) must also carry coverage.

Employers must report work-related injuries as soon as possible and no later than seven days after learning about the incident. The insurance company will send your employer an informational brochure within three days after receiving notice of the injury.

No. If you are an independent contractor and hence do not receive a Form W-2 from the employer, you’ll be responsible for your injury-related expenses.