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Filling Prescriptions Under Workers’ Compensation In Florida


If you were injured on the job and need any type of prescription medication, workers’ compensation should cover 100 percent of those costs. This is also true of a workers’ compensation claim for a work-related illness—all prescriptions and over-the-counter medications prescribed by your doctor are covered under workers’ compensation. Unfortunately, injured and ill workers are not always treated fairly. Getting the treatment you need is often much more complicated than simply sending in the required documentation. Workers are commonly denied benefits for a variety of reasons, which is why using an experienced Fort Lauderdale workers’ compensation attorney is almost always necessary to ensure that your rights are protected, and that your employer or their insurance carrier does not simply dismiss your claim because they believe they can get away with it.

Are You Paying Out-of-Pocket Medical Expenses?

If you are being asked to pay for out-of-pocket medical expenses (such as prescription drug costs), or you have had to pay these expenses already, you need to contact an attorney. Workers’ compensation works as such: workers give up their right to file personal injury lawsuits against their employer in all but the most extreme cases of recklessness. In return, employers agree to pay for partial wage replacement and full medical care in the event that a worker gets injured on the job or becomes sick as a result of the work they have performed. This system of workers’ compensation reduces lawsuits and frees up the courts for other matters, while largely benefiting employers. It is the very least that an employer/insurance company can do to pay for your medical treatment, and that includes all of your medication expenses.

Florida Law Enables Injured Workers to Choose Their Preferred Pharmacy

Florida Statute 440.13 states that an injured person is entitled to choose which pharmacy or pharmacist fills their prescriptions in a workers’ compensation case. Furthermore, if the injured party is unhappy with the pharmacy or pharmacist, they have the right to switch at any time. It is against Florida law for the employer, department, carrier, or any agent to condition coverage or prohibit payment based on the injured party’s pharmacy choice.

Choosing a Pharmacy

According to Pharmacy Times, two thirds of patients say they chose a pharmacy based off of the location but two thirds also say that the pharmacist plays a role in their decision making. When trying to determine what pharmacy might be a good fit for your needs, consider the following:

  • Does the pharmacist know your name? If so, they are also likely to recall details of your medical history and look out for any drug interactions.
  • Does the pharmacist make the effort to secure medication from other nearby pharmacies if your medication is out of stock? Do they help make sure your medication is covered?

Call a Fort Lauderdale Workers’ Compensation Attorney

If your employer or their workers’ compensation insurance company have denied your benefits, or told you that your prescription medication is not covered, you need to take the matter into your own hands. Here at the Law Offices of David M. Benenfeld, P.A., our experienced South Florida workers’ compensation attorneys can help you hold your employer accountable. Call us today at 954-677-0155 to schedule a free consultation.


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