Frequently Asked Questions

At The Law Office of Dennis Dean Smejkal, P.A., we understand the frustration you are facing if you are encountering a difficult issue regarding worker’s compensation. It can be a very stressful circumstance to deal with when you are injured or ill, and you will need to have all of your questions answered. Below, we provide answers to frequently asked questions that can serve as a starting point for your understanding of workers’ compensation in Florida.

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. We understand this and welcome you to explore our website to learn more about us and the services we provide.

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

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