Medical Care in the Florida Workers’ Compensation System

Orlando, FL – The major benefits which injured workers are entitled to under Workers’ Compensation laws in Florida are medical benefits. If you have suffered an injury at work, it is the employer’s (or your employer’s insurance carrier’s) obligation to play for your medical treatments. They are required to pay for all treatments related to your injury which are prescribed by the authorized doctor dealing with your case.

Initial Steps

After you have taken the steps to report your injury to your employer, he and his insurance carrier carry out steps to provide you with medical care. A primary care doctor will be provided to you by the employer/insurance carrier who will become your authorized doctor.

Upon your initial visit to the authorized doctor, you will be required to undergo drug tests. If your drug tests are positive, you can be denied your workers’ compensation claim. Also, if you refuse to undergo drug testing, that could just as easily result in being denied Workers Compensation benefits as well. In the case you test positive, you should consider contacting your Orlando workers’ compensation attorney right away.

Authorized Treating Physician

  • Your “authorized treating physician” is the doctor which your employer or your employer’s insurance carrier chooses for your treatment.
  • Your employer (or his insurance carrier) is responsible for making the payments for your medical treatments only in the case that you visit the authorized treating physician. If you choose to obtain treatment from your own physician, you will be required to make all payments yourself.
  • Your treatment includes physical therapy, testing, medication, and mental health coverage.
  • You are required to provide copies of your prescriptions and medications to your attorney.
  • In the case that you are referred to a specialist by your authorized treating physician, you will be required to visit a specialist that your employer seeks out for you. Be sure to provide a copy of the referral slip to your attorney.
  • In the case you are dissatisfied with the doctor chosen as your authorized treating physician, Florida state law allows the flexibility of changing your doctor, but only once.
  • It will be your employer’s responsibility to seek out a new doctor within 5 days of your complaint.
  • If your employer fails to find you a new authorized treating physician after 5 days, you will be granted the right to choose your own doctor. However, this doctor needs to agree to the payment schedule laid out under the workers’ compensation fee guidelines.
  • Once your doctor has been changed, you cannot request another change, so be certain when making your decision. Consult your attorney to make sure you make the right decision.

Changing Doctors

Attendant Care

During the course your recovery, you can be provided with attendant care, which can be non-professional or professional.

  • In order to receive attendant care, you must have a written prescription from your authorized doctor
  • The prescription should include details related to the specific times when care is needed, as well as the level and type of care that is required
  • It will be up to you to decide who provides you with attendant care: a family member or a doctor
  • If your family member is responsible for providing you with attendant care:
  1. They are reimbursed for their services
  2. Family members who are unemployed are entitled to federal minimum wage
  3. Family members who quit their jobs in order to fulfill the role of attendant care are entitled to being paid their “per-hour” rate of their job which they quit.
  4. Compensation is only provided for a maximum of 12 hours a day.

Medical Bills

Covered Expenses

Bills

  • All medical bills related to the treatment is to be paid your employer or their insurance carrier.
  • There is no obligation on your employer to pay for medical treatment which you seek outside of the authorized treatment (except emergency services).
  • Your medical bills from your authorized treating physician are to be sent to your attorney ASAP.
  • All payments for prescribed medications (prescribed by your authorized treating physician) are to be made by your employer or their insurance carrier.
  • You need to show your prescription card to your pharmacist to inform them that you’re covered by a workers’ compensation plan which will allow you to receive medication without having to pay for it yourself.

Medication

Travel

  • Transportation costs for appointments and treatments are to be paid by your employer or his insurance carrier.
  • If you drive your own car, you are reimbursed on a per-mile basis (i.e. ¢44.5/mile) (Provide a mileage log to the one making the payment regularly).
  • Insurance adjusters make the use of computer programs such as Google maps and MapQuest to verify the accuracy of your mileage requests.
  • If you cannot drive or do not have your own transportation, the employer/insurance carrier is obligated to provide you with transportation for your appointments.

Orlando Workers Compensation Attorney Contact Information

Contact Vaughan Law Group’s Orlando Workers Compensation Attorneys today for your free initial consultation. You can contact Vaughan Law Group at (407) 434-0074.


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