As per federal and Florida laws, employers are mandated by the government to take insurance coverage for their workers. This type of insurance is called workers’ compensation and covers employees against any losses associated with injuries or illnesses sustained at work.
But, Clearwater employees must report to the relevant parties and file a compensation claim within Florida’s stipulated time frame or risk missing out on their workers’ compensation benefits. When filing a workers’ compensation claim in Clearwater, Florida, it’s best to hire a workers’ comp attorney.
At Work Injury Rights, we are aware that pursuing workers’ compensation is not a walk in the park. Our Clearwater workers’ comp attorneys are familiar with the numerous challenges people encounter in the workers’ compensation claim process.
You might get full compensation, partial compensation, or have your claim challenged. To improve your chances of getting full compensation, it is best to hire an experienced attorney.
Call Work Injury Rights today at 954-833-5226 to speak to our seasoned Clearwater, Florida workers’ compensation attorneys.
Will My Workplace Injury Be Covered By a Workers’ Compensation Claim?
According to Florida workers’ compensation laws, you can be compensated for injuries or illnesses sustained when working within the scope of your employment. The most common workplace injuries that get coverage from workers comp in America include strains, sprains, lacerations and cuts, burns, contusions, and bone fractures.
Workers comp also covers other injuries and illnesses. If you fell ill because of working in an environment polluted by emissions, toxic fumes, etc., your sickness is compensable. But, your doctor will have to attribute your illness to exposure to a polluted working environment.
You can also be covered if you have a pre-existing injury and your work aggravates it to a point where working is painful.
What Factors Can Disqualify Me From Receiving Workers’ Compensation in Florida?
In Florida, your workplace injury might not be covered if:
- You were intoxicated.
- You were operating outside the scope of your employment.
- You were engaging in horseplay (e.g. you were playing a practical joke that went wrong).
- You got into a fight with a co-worker.
- You were purposefully trying to harm yourself.
Your injury is most likely not be compensable if you were injured during your lunch hour or break time since they aren’t considered work time. But, you might be covered if you got hurt while running a work-related errand during your lunch break.
Discerning whether your workplace injury is worthy of workers comp can be tricky. Contact a workers comp attorney to help you interpret whether your work injury is compensable or not.
How Long Do You Have to File a Workers’ Comp Claim in Clearwater, Florida?
But, in some scenarios, an employee might learn of the injury or illness days or weeks after the accident. In such a scenario, the employee also has thirty days from the day they learned of the condition to notify the employer or insurance provider of their work injury.
We recommend notifying the relevant parties as soon as possible to have strong evidence to support your injury claim. Also, the stipulated 30-day time frame gives your employer enough time and space to investigate. These investigations can work against or for your workers’ comp claim.
How to File a Workers’ Compensation Claim in Florida?
First things first, you need to notify your superior, be it your manager, business owner, foreman, team leader, or employer of the workplace injury or sickness. Your employer is obliged to notify the workers’ compensation insurance company and begin the claim process.
Next, the insurance company should send you all the necessary forms to process your claim in good time. Among these forms should be a copy of the Supervisors Report of Injury Form that your employer filed with the insurance company and a document that explains and informs you of your rights.
Once it is established that you are entitled to benefits, you should start getting a bi-weekly check 21 days after your injury was reported. If you do not qualify, or if your workers’ compensation claim is denied, Florida law requires you to first try to sort things out with your employer and insurer in good faith.
If you are still not satisfied with the outcome after exhausting all options, or if your employer is not cooperating, you can file a Petition for Workers Comp Benefits. Before you file the petition, call us for help in getting the workers’ comp benefits you deserve.
The petition requires you to disclose a great deal of information including:
- Your normal job responsibilities
- What you were doing at the time of the injury
- A description of the nature of the accident
- Medical bills incurred
- Lost wages
- Whether the injury or illness forced you to take time off work for treatment and recovery
- Attorney fees
- Other benefits that you’re entitled to.
You have a two-year time frame to file this petition with the Office of the Judges of Compensation Claims.
Hire the Best Lawyers for Your Workers’ Compensation Claim in Clearwater!
The Government mandates that all employees are entitled to insurance coverage called workers compensation. But, getting the benefits of this insurance coverage requires the employer and employee’s collaboration in fulfilling several requirements.
At Work Injury Rights, we understand that pursuing these benefits can prove to be frustrating especially if you also have to deal with your illness or injury.
We are ready to help you report the workplace illness or injury to the relevant parties and guide you through all the necessary legal steps you must take to increase your chances of getting full compensation.
Remember, the earlier you contact us the better since we can report the accident and begin the claim process as soon as possible.