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Petition for Benefits in Workers' Compensation
Useful Links ♦ Acronyms ♦ Forms ♦ Petition for Benefits
Employers or their insurance carriers may resist covering an employee's on the job injury. If they refuse or are slow to pay benefits for a qualified injury, then the employee or their attorney must file paperwork to formally request the funds. This paperwork is called a Petition for Benefits or a PFB. The petition can request many things, including:
- Medical care
- Lost wages
- Reimbursement of travel costs for medical care
- Recognition that the employee should be covered by workers' compensation insurance
Florida statutes govern the process for requesting benefits in a workers' compensation claim. An experienced attorney can draft, send, and track the document to ensure that benefits are delivered quickly and completely. The following article discusses the details included on a PFB.
The official Petition for Benefits form is available from the Office of Judges of Compensation Claims.
Basic Information
The Petition for Benefits is an official document and relates directly to a workers' compensation case, therefore it must include some basic information regarding the on the job accident. The name, address, and phone number of the employee, employer, and insurance company are listed at the top of the form. The date and location of the accident are also listed prominently.
Below this basic information is a spot for the attorney(s) to list their contact information and Bar numbers. These details help to ensure that the attorneys are qualified to represent an injured employee or their employer.
Accident details are listed in the center of the page. Required fields include:
- Job description
- Description of accident
- Parts of body injured
- Description of work during accident
- Treating doctor
- Medical improvement status
Legal Aspects
The following two pages of the Petition for Benefits have a lot of legal details, such as impairment ratings and compensation rates. These details are determined by medical and legal professionals and governed by state statutes. Additionally, the injured employee must sign a statement saying that their claim is not fraudulent. Filing a false insurance claim is a third-degree felony.
Filing a Petition for Benefits
PFBs are filed with the Office of the Judges of Compensation Claims at the Department of Administrative Hearings. The main office is in Tallahassee, but the Orlando district has its own judges and office. If your PFB has been filed, you can check its status online.
The Florida workers' compensation system requires both parties to attempt a compromise prior to going to court: either through mediation or standard negotiations. Mediation gives the employer, their insurance carrier, and the injured employee the opportunity to meet and resolve the disputed aspects of a case before going to trial. If the dispute is settled prior to mediation, then the meeting can be canceled. Because of the unfortunately high number of workers' compensation claims in Florida, the courts want those involved to work towards a resolution before going to court.
The Coye Law Firm's workers compensation lawyers are experienced and aggressive in getting the most benefits for employees hurt at work. Contact our offices today to get the legal representation you need during recovery.
