Work-related accidents and occupational illnesses happen all the time, particularly in construction, healthcare, transportation, and retail industries. That’s why workers’ compensation coverage is mandatory for any business in Florida with four or more employees.
Workers’ compensation is meant to provide benefits for lost wages, medical bills, and disability, or death as a result of an illness or an injury sustained while at work. Unfortunately, many people do not know how to go about reporting a work injury in Miami, an important step in making sure you get the compensation you deserve.
The workers’ compensation process is not always straightforward, as some insurance companies and employers may try to dispute your claim and deprive you of your full benefits. This is where a competent Miami workers’ compensation lawyer comes into the picture. The team at Work Injury Rights will help you navigate the process and seek a fair settlement. Call 954-833-5226 today to get started!
How Long Do I Have in Reporting a Workplace Injury in Florida?
Florida law mandates an injured employee to report the injury to their employer within 30 days, and 90 days if it’s an occupational exposure claim. Failure to report the incident within this period gives your employer and the insurance company legal grounds to claim ”late notice,” making your case invalid.
Who Do I Have to Report a Work-Related Injury To?
Once you sustain a workplace injury, it’s imperative to report the accident to your employer as soon as possible. If they are not available, report it to the supervisor, manager, or foreman.
Employer Responsibilities After a Workplace Injury
If you are injured at work, the law mandates your employer to do the following:
Address the Injury and Safety Issues
Following the injury, the first step is to determine the extent of the emergency. If you need instant medical attention, your boss should call emergency medical services. If the injury is not severe, they should call one of the approved physicians in their list of doctors.
Report to the Insurance Provider
Next, your employer should report the injury or illness to their workers’ compensation insurance provider. Important details to include in this regard are:
- When the accident happened
- Where the accident happened
- When they were notified about the accident
- A comprehensive description of the incident and injury
Review the Workplace Safety and Training
Workplace accidents almost always call for improved safety measures and additional staff training. As such, your employer is expected to work with both the Florida Division of Workers’ Compensation and the insurance provider to determine the best practices for safety at the workplace. A recommended course of action is doing a safety audit.
Employee Responsibility after a Workplace Injury
The employee is also expected to do a few important things following the accident. If you sustain an injury while at work, do the following to increase the chances of fair settlement:
Seek Medical Attention
Whether the injury is severe or not, it is important to seek medical attention as soon as possible. Failure to do so not only puts your health at risk, but both the employer and insurance provider can legally deny your claim, with the justification that your injury is not as severe as you claim.
Bear in mind that when seeking a settlement, you can only get treatment from an approved doctor in your employer’s list of physicians. Seeking treatment from another practitioner puts you at risk of losing the right to workers’ compensation benefits.
Report the Accident
It is important to report the accident to your employer or supervisor soon after the incident. As earlier mentioned, you have 30 days in the state of Florida to do this formally.
File a Claim
According to the Florida Workers’ Comp Act, you need to complete and file a DWC1 form (first report of injury) with the Division of Workers’ Compensation. Also, make sure you send a copy of your injury claim to both your boss and the insurance carrier.
A wise move to protect your rights is to keep the various documents related to your workplace accident claim. Ask for a copy of the report your employer filed with the insurance company, and also keep a copy of the DWC1 form and the Petition for Benefits you submit if your employer rejects your claim.
Call Us Today When Reporting a Work Injury in Miami, FL!
Workers’ comp is a mandatory type of insurance meant to protect employees financially in case of a workplace injury or occupational illness. If you get sick or sustain injuries while at work, then you may be eligible for workers’ compensation benefits.
Claims in this regard are meant to be straightforward, but this isn’t always the case. Given you are in pain and may not know how to go about the process, it is best to allow the team at Work Injury Rights to handle your case. We have vast experience in workers’ compensation cases, and our team will work hard to ensure your rights are protected. Get in touch by calling 954-833-5226 for a free initial consultation!