You’ll likely have many questions about your injuries after being hurt in a workplace accident. Are you eligible to file a workers compensation claim? What is the Lakeland, Florida, workers compensation claims process?
Work injury Rights attorneys have more than four decades of combined experience in Florida workers compensation law and have successfully represented clients with their work accident cases. Our attorneys understand the system and how it works and are prepared to take your case to trial if necessary.
We will explain all you need to know about Florida’s workers compensation claims process in a simple manner. Contact us at 954-833-5226 today to schedule a free case evaluation.
How Can I Know if a Workers Comp Claim Will Cover My Injuries?
Has your loved one or you been injured at work? Workers compensation will cover your injuries if you are injured while performing within the course or scope of your employment. But, being injured at work does not always guarantee that workers compensation will cover your injuries.
There are specific instances where workers compensation does not cover your injuries. The extent of your injuries and circumstances revolving around the injury will determine if they are covered under workers comp. The following are injuries that are not covered by workers comp:
Injuries That Go Unreported
You must report your injuries to your employer when you are hurt at work. You risk not receiving workers comp when you do not report your injury.
Workers comp does not cover minor injuries. For instance, if you are injured at work and can be patched up with first aid treatment, your injuries will not be covered.
Injuries Outside Work
While workers comp may cover some injuries outside work, such as parking lot injuries, they do not cover injuries after you have clocked out of work. For example, your injuries will not be covered under the Act if you are injured on your commute to work.
Off-site injuries are only covered if the activities you perform away from your workplace benefit your employer. For example, your injuries will be covered if you get hurt while traveling between two work sites. The injury will only be covered if it is within your work scope.
Workplaces typically offer their employees recreational and team-building activities. The Act may not cover injuries at company recreational activities such as a company picnic, happy hour, or holiday party.
Injured at work and are uncertain if workers comp will cover your injuries? Let our Lakeland workers comp lawyers review your case at no fee and determine if your injuries will be covered.
How Long Do I Have to File a Workers Comp Claim In Florida?
In Florida, you have a 30-day time limit to report your work injury to your employer or risk jeopardizing your claim. Florida’s Statute of limitation dictates that workers have a two-year deadline to file their work injury claim from when the injury happened. You cannot recover compensation if the deadline expires before you file your claim.
How to File the Workers Comp Claim In Florida?
You suffered injuries after a job-related accident and would like to file a workers compensation claim to help you get back on your feet, but where do you start? Our experienced attorneys can review your case and offer guidance on the appropriate steps. Here is an overview of the general steps to take when filing a workers comp claim in Florida:
Report Your Injury to Your Employer
You must report your injury to your employer within 30 days of the accident. Your workers comp claim can be barred if you do not report your injuries within 30 days. Generally, your report can be oral or written; check with your employer if there is a specific procedure for reporting workplace injuries.
Seek Medical Care
After reporting the incident to your employer, ensure you seek medical attention from an insurance-authorized physician. Describe your symptoms to your physician and ask them to document all details of your treatment and the necessary information proving your injuries were caused by your work accident.
Try To Resolve The Dispute
You should get a copy of the first report of injury from your employer, which they would have filed with their insurer, and a brochure explaining your rights, after reporting your injury. If you qualify for workers comp benefits, you should start receiving bi-weekly checks 21 days after reporting your injury.
If you have received no checks or a dispute has arisen, try resolving the issue with your employer and their insurer before you file a petition.
Contact a Workers Comp Lawyer
If you cannot resolve the dispute, contact our qualified attorney, who will help you file a petition. We have a thorough understanding of filing petitions and will only charge you a fee after we obtain the benefits you are seeking.
Filing the Petition
You have to fill out the petition and provide details such as:
- Your contact information and that of your employer and its carrier
- Your job description and what you were doing when you got hurt
- A detailed description of your accidents and the parts that were injured
- List all medical expenses and benefits you are owed
- Claim for interests on unpaid benefits and attorney’s fees and costs
Your petition must be filed with the OJCC clerk‘s office. You must serve a copy of the petition by certified mail to your employer and their workers compensation insurer.
Appeal if Your Claim Is Denied
Employers and their insurers often find reasons to deny injured workers claims. If they deny your claim, our workers comp attorneys in Lakeland will fight this denial by filing an appeal for the court to reconsider the original claim, and you could win the benefits you deserve. You should file your appeal within 30 days of its denial with the First District Court of Appeal.
Contact Our Skilled Lawyers in Lakeland To Help with Your Workers Comp Claims Process
Work injury Rights’ dedicated attorneys have over forty-five years (and counting) of combined expert experience, successfully tackling work injury cases. We aim to work tirelessly and hard on your behalf while you focus on your physical and financial recovery and look forward to getting your life back.
At Work injury Rights, we understand that filing a claim against your employers can be difficult, especially if you have worked with them for years or they are your friend or family member. But employers expect injuries to happen and would want you to get better and support your family. Workers compensation coverage exists to help you.