RETRAINING AFTER A FLORIDA WORK COMP INJURY

Too many Florida workers are injured in a workers' compensation injury that prevents them from returning to their line of work. There is an opportunity--albeit a small opportunity--to get retrained in a different profession after reaching MMI from your workers' comp injury.

The Florida Department of Education oversees the retraining program. The injured worker must file a request for training. Within 10 days after receiving the request, the Department will assign an evaluator to decide if training and education is appropriate within 30 days. The rules provide that the Department will not approve a training program if any of the following is true:

1. The claimant has filed a claim for Permanent Total Disability benefits.
   
   
2. The injured employee's medical condition is unresolved or unstable.
   
   
3. The injured worker has reached MMI and returned to and maintained suitable gainful employment for at least 90 days.
   
   
4. The injured employee refuses to accept reemployment services from the Department.
   
   
5. The claimant has returned to suitable gainful employment as a result of placement services provided by the Department.
   
   
6. The claimant has no documented permanent physical restrictions related to the injury.
   
   
7. The claimant has transferable skills that would allow return to work in suitable gainful employment.
   
   
8. The claimant was terminated by the employer for good cause unrelated to the injury or any restrictions or limitations resulting there from; or
   
   
9. The claimant terminated suitable gainful employment for reasons unrelated to the injury.
   If the injured worker is accepted for retraining, the workers' compensation carrier is responsible for payment of indemnity benefits while the injured worker is retraining. However, if your workers comp injury occurred after October 1, 2003 and you have been paid 104 weeks of temporary indemnity benefits, the carrier is NOT responsible for retraining indemnity benefits.

If you have been injured at work in Florida and have or need to file a Florida workers' compensation claim, it is important that you talk with an attorney about your rights and responsibilities. Don't try to go it alone! The workers' compensation carriers have attorneys working for them after your work comp injury, so should you!

My Tampa Bay personal injury law firm has been representing those injured in Florida workers comp claims and car accident for over 53 years. To get more information about your Florida work comp claim or other personal injury matter, click here.