Frequently Asked Questions

As the founding attorney of The Law Office of Dennis Dean Smejkal, P.A., I get a lot of questions about the workers' compensation process in Florida.

Your questions deserve answers. Every case needs to be carefully evaluated on a case-by-case basis. However, below are a few responses to some frequently asked questions many of my clients ask.

How long do I have to report my injury to my employer?

You have 30 days to report your injury to your employer, but you should report it as soon as possible.

How long until I receive my benefits check?

There is a seven-day waiting period before you can receive your benefits. You have to be unable to work for 7 days before you can receive any benefits. The first seven day waiting period is due after you have reached the 21-day minimum day requirement.

How is pay determined?

Your benefit pay is primarily based on what you were being paid the 13 weeks before the accident or injury, however if you were not employed for substantially the whole 13 weeks there are alternative methods.

How long will I receive benefits?

You may receive Temporary Total payments, Temporary Partial Disability payments or a combination of these payments up to a maximum of 104 weeks, or until you reach maximum medical improvement or are returned to full duty work.

Can I change my doctor?

Yes. You get a one-time change of doctor.

Should I settle my case?
This is a loaded question. Generally speaking you should not consider settling your case until you have reached the maximum recovery level determined by your doctor or some special circumstance exists.

A lawyer is necessary to evaluate the specific issues in your claim. Hiring an attorney can be a difficult decision. I understand this and welcome you to explore my website to learn more about me and the services I provide.

Do you have more questions? Injured in a work accident? Call me.

You have rights after being injured at work. Visit my Frequently Asked Questions area, our Resources area, or contact me. I will evaluate your case and help you every step of the way.