It can be really frustrating when your employer doesn’t seem to care that you’ve suffered a work-related injury. Our Coral Gables workers comp attorneys have seen it time and time again. However, even if they aren’t happy about the situation, they have to do what’s right.
Who Are You Supposed to Report Your Work-Related Injury To?
According to Florida workers’ compensation law, you are required to report your workplace injuries to your employer. While some people are okay with just letting their direct supervisor know, we think you should be careful.
For all you know, your manager may forget to let Human Resources know you got hurt. Our workers’ comp lawyers in Coral Gables recommend that you personally report your workplace accident directly to Human Resources.
You Only Have 30 Days to Report Your Workplace Accident
One other concern our Coral Gables workers comp attorneys have is when employees wait to report their injuries. When we have asked clients in the past why they do this, they usually have the same answer.
Many employees are afraid to report their work-related injury right away because they know they’ll have to take a drug test. They worry that something may come up in the test that precludes them from qualifying for workers’ compensation.
In fact, if something does show up on the drug test, some of our clients are afraid they’ll be fired. This means they’ll be out of a job and have no way to pay for their medical care.
In Most Cases, the 30 Days Start on the Date of Your Workplace Accident
If you aren’t sure when your thirty days start, your Coral Gables workers comp attorney can clarify that for you. The thirty days start when one of two things happens:
- The date you experience your workplace accident
- The date your workers’ compensation doctor confirms that you’ve suffered a work-related injury.
If you ask your workers’ comp lawyer in Coral Gables, they’ll tell you to report your injuries immediately. Of course, if you feel there is a legitimate reason to put this off, that is your prerogative.
Just make sure you don’t go beyond the thirty days, or your claim will be denied.
Your Employer Has 7 Days to Submit Your Claim to the Insurance Company
Once you report your work-related injury to your employer, they have seven (7) days to submit your claim to their insurance carrier.
According to Florida Administrative Code R. 69L-3.002(19), your employer must submit documentation regarding your workplace injury within 7 days of being told about the injury.
When they do this, your employer must notify the insurance company whether your claim is:
- Medical-Only Claim – This is when an employee’s injuries were serious enough to keep them out of work, but not for more than seven (7) days.
- Lost Time Claim – This sort of claim involves an employee who was injured on the job and is expected to be out of work for more than seven (7) days.
As your Coral Gable workers comp attorney will explain, there is always the chance that a “Medical-Only Claim” will turn into a “Lost Time Claim.”
Can Your Coral Gables Workers Comp Attorney Do Something if They Don’t Report It?
If your employer fails to report your injuries, your Coral Gables workers comp attorney can help. First, they will get you in touch with the Employee Assistance and Ombudsman’s Office.
This Office is designed to help employees with their workers’ compensation claims. Between this Office and your workers’ comp lawyer in Coral Gables, they will make sure the insurance carrier is properly notified.
Your Workers’ Comp Lawyer in Coral Gables Can Help You File Your Claim Directly
It’s important that you realize that you have every right to file your workers’ compensation claim. You can go to the break room or common room at work and get the contact information for the insurance carrier.
Once you have this information, provide it to your workers’ comp lawyer in Coral Gables. They’ll make sure your claim is not only filed but also handled properly.
Contact the Employee Assistance and Ombudsman’s Office Right Away
Once you get your claim filed, you and your Coral Gables workers comp attorney need to get in touch with the Ombudsman’s Office. They will arrange for your attorney and your employer to attend an in-conference.
At this conference, the mission will be to smooth things out and get your benefits started. If your employer still refuses to cooperate, you may have no choice but to pursue a claim of bad faith.
The Office Will Work with Your Coral Gables Workers Comp Attorney
The benefit of the Employee Assistance and Ombudsman’s Office is that they are an impartial party. They will look at both sides of the situation and try to broker a solution.
Once a settlement or arrangement is negotiated, your workers’ comp lawyer in Coral Gables can draw it up. Then, it will be submitted to the Office of the Judges of Compensation Claims.
The Employee Assistance and Ombudsman’s Office Has More Power Than You May Think
It may seem like it is just an administrative office. However, the Employee Assistance and Ombudsman’s Office has a lot of power. They can force your employer and their insurance carrier to come to the table.
Once the insurance carrier realizes what is going on, they will more than likely address your claim. If they deny it, you and your Coral Gables workers comp attorney will deal with that as well.
Your Workers Comp Lawyer in Coral Gables Will Fight to Get You Medical Care and Weekly Benefits
If you’re worried that your employer isn’t going to handle your workers’ compensation claim properly, let us know. Your Coral Gables workers comp attorney has handled hundreds of cases similar to yours.
Ideally, your employer would do the right thing and report your work-related injury. They would advise the insurance carrier to approve your claim. This way, you would start to receive your benefits in a matter of weeks.
When that doesn’t happen, you have no choice but to turn to a seasoned workers comp lawyer in Coral Gables. You can call and schedule your free, initial consultation today.
Take advantage of the opportunity to sit down with a skilled attorney who can guide you through the workers’ compensation process.