- Workers' Compensation
At Work Injury Rights we defend the rights of workers to ensure they are fairly compensated for injuries sustained in the workplace. As the local experts in all things related to workers compensation and workplace injuries, we get questions from people in all lines of work asking how they should go about seeking workers compensation.
In the following article, we will share our wealth of experience in obtaining workers compensation in Brandon, Florida. Read on to learn more about the process of obtaining workers compensation in Brandon, Florida after you have suffered an injury in the workplace.
If you are suffering from an injury at this very moment and unable to make heads and tails of your predicament, don’t panic. Contact our knowledgeable representatives by calling 954-833-5226 and arrange a consultation with a legal professional.
How Long Do I Have to Report Workplace Injury In Brandon, Florida?
If you have suffered an injury at the workplace, the first thing you will need to do is notify your employer. This will need to be done as soon as you can but should be completed no later than 30 days after the incident that resulted in a workplace injury.
If you have suffered from an occupational condition brought on by long-term exposure to a hostile workplace environment, such as postural complications, COPD, asthma, etc. you will have 30 days from the discovery of the condition and its connection to your workplace to make the report to your employer.
Failure to notify your employer of the condition or injury within this 30-day time frame can result in your claim for compensation becoming nullified and denied by your employer’s workers compensation carrier.
Who Do I Have To Report A Workplace Injury To?
After you have been injured or become aware of the presence of a condition related to your workplace, you must file a report with your supervisor. No rule says this report must be submitted in writing, but there are some advantages to doing so. Filing a report in writing provides you with evidence that the report was indeed made, this can be very beneficial to your claim in the long run.
After you have notified your employer, they will have 7 days to notify their insurance provider of the injury and claim. If your employer fails to notify the insurance provider, you can also notify your employer’s insurance provider. The insurance carrier can then proceed with an investigation into the eligibility of your compensation claim.
This investigation will include:
- An in-depth review of the employee’s medical records
- A full analysis of work, wage, and educational experience
- Medical examination
- An evaluation of functional capacity
The next item on the agenda, according to Florida Law, is the approval or denial of your claim by the insurance provider. If your claim is approved, you will begin receiving disability claims shortly. But the fact of the matter is that insurance providers will often deny legitimate compensation claims.
Employer’s Obligations to After-Workplace Injuries
After an employer has received a report of an injury occurring at their workplace, they will be obligated to make a report on the subject matter according to the seriousness of the injury sustained.
For example, if the injury is small and needs nothing more than minor first aid and limited rest to restore the employee to full physical and mental capacity, then no report needs to be made to an insurance provider. A smaller “first-aid” injury will typically cause the worker to be out of action for no more than a single shift.
Any injury larger or more complex than this will need to be reported to the insurance provider. This report must include the following:
- The employee’s name
- Social Security or ID number of the employee
- Date and time the accident occurred.
- Who made the report and at what time and date
- Occupation of the employee
- Description of the accident
- The body parts injured in the incident
- Location of the accident
If the injury sustained in the workplace leaves the employee incapacitated for more than 7 days, the employee must file a “medical only” claim. The employer must make a report of such an injury to the insurance provider within 7 days with a DWC-1 form. Failure to report this injury within this time frame can result in a fine of up to $500.
Employee’s Responsibilities Following a Workplace Accident
The employee who has suffered an accident in the workplace must make a report of the incident as soon as possible. As mentioned, there is no law stating that this should be done in writing, but there are some good reasons to submit a written report. At Work Injury Rights we recommend making this report via email to your manager or immediate supervisor.
You will want to make sure that you have kept a careful record of all correspondence with your employer, doctors, and insurance provider during this time as all these details will be crucial in getting the compensation you need.
In addition to making a full report and keeping records of all details about your case, you can also take action if your employer fails to do so. There should be a poster at your place of work with a logo of a broken arm. This poster will carry the information of your employer’s workers compensation provider and you can contact the insurance provider directly to begin the claims process.
On the other hand, if you feel that the pressure of taking action on top of the need to recover is overwhelming, you can call the services of a trusted workers compensation firm in Brandon, Florida. At Work Injury Rights, we can provide you with the guidance and experience you need to secure your rightful compensation.
Final Notes on Making a Workplace Injury Report in Brandon, Florida
If you have been injured in the workplace, you have the right to compensation that will hold you over until you can work again. But your rights must be defended professionally and your compensation pursued tenaciously if you hope to enjoy your rights as an employee in Florida. Don’t hesitate, to call 954-833-5226 today and get in contact with Work Injury Rights. We will arrange a FREE consultation with you and one of our legal professionals. Call us at 954-833-5226 today
