This information has been prepared in the public interest by CLA (Chiropractic Legal Affairs, Inc).  It is not intended to provide specific legal advice. If you have further questions referable to your rights under the Workers’ Compensation system, discuss these with your Doctor of Chiropractic, competent legal counsel, or the Workers’ Compensation Division in Tallahassee.

If you have problems……..

Call: Bureau of claims

Division of Workers’ compensation             

1-800-342-1741 (Ft. Lauderdale) or 850-921-6966

Also click on the following website for further information.

www.fldoi.com or www.fldfs.com/wc/

The following is a list of some of the more common questions that are asked by injured employees relative to seeking chiropractic treatment and some of their other rights under the Florida Workers’ compensation system.

 

“WHAT ARE MY RIGHTS”

1.     Does Workers Compensation pay my health care bills if I am injured at work?

 

YES.  If you have substantiated an injury by a compensable accident or an occupational disease which arose out of your employment and in the scope of your employment.  The treatment must be medically necessary.

 

2.     Does this include chiropractic treatment, care and attendance?

 

YES.  Chiropractic physicians are recognized providers under workers’ Compensation. Florida law prohibits discrimination against any type of recognized health care provider. If you are injured at work, you are entitled by law to seek chiropractic treatment for these injuries.

 

3.     What if I want to see a chiropractor but my employer or the insurance carrier will not or does not provide one?

 

It is the responsibility of the employer to provide all medically necessary remedial treatment including chiropractic treatment.  The law states that if there is a list of health care providers provided by the employer or carrier, this list must include chiropractic physicians. If there is no such list, it is still the responsibility of the employer to provide chiropractic care when it is requested by a patient. In the event that the employer or insurance company refuses or fails to provide chiropractic care upon the request of an injured employee, the law further states that you may seek chiropractic treatment on your own. The employee may contact the division of Workers’ Compensation or the Office of Employee Assistance to help resolve your dispute. If the Office of Employee Assistance is unable to resolve your dispute appropriately, the employee may file a claim for reimbursement of the costs incurred, which will be provided at the expense of the employer or its insurance company. If the judge of compensation claims finds that chiropractic care was improperly denied and that the expenses were responsible and necessary, a meditation conference may be held prior to a trial before the judge of compensation claims in an attempt to resolve the dispute without trial.  

 

4.     Suppose the employer/carrier states that chiropractic care will be provided once I have seen the company doctor or an orthopedic surgeon and chiropractic care will be provided only if it is approved?

 

This is improper and a violation of the law. You cannot be restricted solely to treatment by the company doctor or an orthopedic surgeon. It is not the purview of your employer or its insurance company to determine what type (chiropractic, medical, osteopathic, podiatric) of medical treatment is indicated. It is unlawful for your employer or its insurance company to force or attempt to force an injured employee into selection of a particular doctor or a particular type of doctor. It is also unlawful for an employer or its insurance company to deny a patient their right to select the type of care or provider that they may require. You are entitled to medically necessary chiropractic care as a result of your work injury. However, the employee must request from the employer or carrier authorization to seek chiropractic care.

 

5.     If I have my own chiropractor and get injured at work, am I automatically entitled to return to my chiropractic for treatment of the injuries I sustained at work?

 

No. As long as the carrier provides you with chiropractic treatment, they are complying with the law. They may provide you with another chiropractic physician who is on their list of approved providers. If you object to the physician provided from the list, you may request your employer to select another chiropractic physician for treatment.

 

6.     What must I do if I am injured?

 

Give NOTICE of injury (or injurious exposure of disease) to your employer or the employer’s responsible officer, agent or supervisory employee as soon as possible. You and your employer must fill out a form entitled Notice of Injury. This form is available from your employer and must be filled out within 30 days of the injury. Make sure that the employer knows of your job accident. If you want chiropractic care and it has not been provided, you must request it from your employer. DO NOT PROCRASTINATE. Do not agree to forego filling out the notice of injury and submitting your medical bills under your health care insurance. Many times injuries are more severe and lingering then they first appear to be and not filling out the notice of injury within the appropriate time may jeopardize your rights under workers’ compensation. If your employer refuses to fill out a notice of injury, your should contact the Office of Employee Assistance or the Division of Workers’ Compensation immediately.

 

7.     Do I need a lawyer to interpret these things or protect my workers’ compensation rights?

 

MAYBE. The workers’ Compensation System is designed to be self-executing by cooperation among injured employees, employers, insurance companies and health care professionals. Like any other system, it can break down. If a legal problem develops, you may require a lawyer to assist you in resolving it, just as you may require a health care professional to resolve medical problems. You may contact the office of employee assistance to help resolve certain disputes between yourself and your employer or its insurance company. However, the Workers’ Compensation law is very complicated and you may with to consult a Workers’ compensation attorney to be fully advised of your rights. If you do have a dispute with your employer or its insurance which cannot be resolved through the office of employee assistance, you or your attorney may file a petition with the judge of compensation claims to help resolve the dispute and, under certain circumstances, you may be entitled to recover a reasonable attorney’s fee and court costs. A lawyer that specializes in Workers’ Compensation lay may be engaged to represent you in some cases on a contingency fee basis.