Legal Question in Workers Comp in Florida

if an employee was injured on the job,was sent by empoyer to the doctor of employer choice, do the employee get paid for time spent at dr. office


Asked on 2/18/11, 2:07 pm

2 Answers from Attorneys

Tom Hedler Wender, Hedler & Hessen, P.A.

The employee would not typically get workers compensation lost wages for missed time while attending a doctor's appointment. The employee is entitled to mileage reimbursement and if the doctor gave work restrictions, there could be entitlement to lost wages thereafter.

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Answered on 2/18/11, 2:56 pm
Jane-Robin Wender Wender Law, P.A.

Unfortunately, no. The insurance company only has to pay after the employee misses work for at least 20% of each week. So for example, in a 5 day week, if the employee misses work for more that 1 day, the insurance company would then have to pay lost wages. Also note that the insurance company does get to send the employee to the doctor of their choice and you are entiled one change of physician per workers' compensation. If disability becomes more than a month you should seek a board certified workers' compensation lawyer to assist you in your claim since insurance companies commonly attempt to take advance of an employee lack of knowledge of a very complicated law and do not always offer care that is available.

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Answered on 2/18/11, 3:29 pm


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