FAQ's: Your Questions Answered
FAQ's: Your Questions Answered
Workplace Injuries FAQs
Regarding How To File Workers Compensation Claim:
When someone is injured in a work related accident it can be a stressful experience. The uncertainty of the extent of the actual injury itself, combined with the fear of losing income can many time cause the injured party to lose focus on what is happening around them. The most important consideration one needs to be aware of when experiencing a work related injury is the preservation of a claim in the event the injury worsens or the injury prevents the worker from returning to their job.
The first thing an injured worker should do to protect their ability to make a claim is to report the injury as soon as possible. Although Florida requires that injury be reported by an employee to an employer within thirty (30) days of the accident, or when the injury was discovered, the sooner the accident is reported the stronger a case can be made that the injury was a direct result of the reported accident. Failure to report an injury in a timely manner can be grounds for a denial of benefits, and the claim entirely.
Providing notification to an employer of a worker’s compensation compensable injury is typically done by giving notice to someone in a managerial position. However, in cases where a worker is unable to provide such notification (perhaps due to hospitalization), the formal notice requirement can generally be excused, provided that the employer is otherwise made aware of the worker’s injury. The injured worker should provide their employer with the following information if the injury was the result of a specific accident: the names of all witnesses and a description of how, when, and where the accident and injury took place.
The injured employee should immediately seek a medical evaluation to determine the extent of their injury. The employer should have a list of medical providers that are deemed to be “authorized providers” and approved to handle worker’s comp cases. Medical evidence is probably the single most important type of evidence to prove the severity of an injured party’s injuries, and collection of medical evidence cannot occur too soon. The medical provider treating you for your work-related injury should be notified that your illness or injury is connected to your job in some way. Evidence provided by the treating doctor can hold great significance if you later need to prove that your injury is work-related in order to receive workers’ compensation benefits.
Once notification has been made to the employer, the employer should submit a report to the state worker’s compensation board (or industrial commission). The employer can also notify the worker’s comp carrier. At that point, the workers comp carrier will be in the position to begin paying an injured or sick worker’s medical bills, as well as a percentage of the worker’s average weekly income (though payment of wages.
To ensure your injury is reported in a timely manner, you should file your workers’ compensation claim yourself with the Florida Division of Workers’ Compensation as soon as possible after you are injured or become ill. In any case, you must file your claim for Florida workers’ compensation within 2 years of your injury or illness, or you will risk losing income replacement benefits and healthcare benefits, among other workers’ compensation benefits.
If you have further questions or concerns about filing a Florida workers’ compensation claim, or if your Florida workers’ compensation claim has been disputed or denied, consider consulting an experienced attorney to assist you with obtaining the benefits you deserve. Filing a worker’s comp claim can be a challenging experience and, if not done properly, you can lose the ability to ever file a claim for your injury. Call Dan Newlin now at (407) 888-8000 to get answers to all of your questions concerning worker’s compensation accidents and all the benefits you may be entitled to. Get the information you need today before it’s too late. The call is free, but the information could be priceless.