How to Handle a Workers Comp Claim in Florida

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Have you been injured at work, or are you suffering from an illness or disease you believe was contracted because of your work conditions? If so, you are most likely eligible to receive workers compensation. What benefits you qualify for will depend on the extent of your injuries.

It’s very important that you follow the workers compensation process in Florida carefully. If you don’t, you could be denied the benefits you need.

Steps to Handling a Workers Compensation Claim in Florida

Most people are aware that their employer has workers compensation insurance, but they probably know nothing about the process.

Once you’ve been injured, you suddenly need to learn as much as you can so that you don’t miss out on vital benefits. Failure to understand the process and follow all the steps could lead to a claim dismissal.

Step One

Tell your employer about your injury. You should do this as soon as possible, but the required timeframe is within thirty days. If you fail to report your injury within thirty days, you could lose the right to file for workers comp benefits. There are exceptions, such as if you weren’t aware of your injury.

Step Two

After you inform your employer of the injury, you must ask what doctor you are allowed to see. The employer and the insurance company must authorize the doctor who attends you. If your employer is not available and your injury calls for emergency medical care, go to the nearest hospital and tell your employer as soon as you’re able.

You should also document your injuries and any medical treatment you’ve received. In case of a denial, it would also be helpful to gather evidence of the injury scene and witness statements.

Step Three

Your employer must notify the work comp insurance company of your injury within seven days. You should receive a packet from the insurance company detailing your rights. This packet should also contain some other documents you’ll need to complete and sign.

If your claim is approved, you may begin receiving benefit payments, depending on your ability to return to work.

Benefits Available to Injured Workers in Florida

In addition to the payment of your medical expenses, the following benefits are available to injured workers in Florida:

  • Temporary Total Disability – This is cash compensation equaling 66.66  percent of your work wages.
  • Temporary Partial Disability – If you can return to work—but not in the same earning capacity—you can receive 80 percent of the difference between what you earned before and what you’re earning now.
  • Impairment Payments – Once it’s determined by your doctor that you’ve healed as much as you ever will, you’ll be evaluated to decide if you have a permanent impairment. You can receive compensation for a permanent impairment based on a rating system.

Need Legal Help from a Central Florida Work Comp Lawyer?

The workers compensation laws in Florida can be confusing, and if you’ve been denied the benefits you believe you deserve, you should contact a work comp attorney right away.

There are time limits on filing a claim for workers comp, and if you delay, you could lose out on the monetary compensation you need while recovering from a workplace injury.

Contact an attorney at Lopez & Humphries, PA to discuss your Florida work comp case with us during a free case review. Our number is 863-709-8500, or you can submit the consultation form at the bottom of this page to get started.