When you’re new to a company, it can take a few months before you feel that you fit in. The last thing you want to do is suffer a workplace injury right after you’ve started. Your employer will probably assume that claim is not legitimate. Rather than deal with this all by yourself, we suggest you contact an Orlando workers comp attorney right away.
Here, we’ll discuss whether newer employees are entitled to file for workers compensation if they suffer a workplace accident.
There’s No Law That Says You Must Work for a Certain Period of Time to Qualify for Benefits
Like every other state, Florida has its own laws when it comes to workers compensation. Nowhere in these laws does it say an employee must work for a certain period of time before they qualify for workers compensation.
The law does state that you must meet certain criteria in order to receive workers’ compensation benefits. Our Orlando workers comp attorneys are familiar with these criteria. They’ll do their best to help show that you deserve benefits, regardless of your tenure with the company.
Your Orlando Workers Comp Attorney May Have a Harder Time Proving Your Claim
It is true that you’ll have a harder time proving your claim if you’re a new employee. Your employer will naturally be suspicious if you file a worker’s compensation claim within weeks of joining the company.
While you can’t fault them for being suspicious, you have the right to be upset if your claim is denied. That’s why we suggest you reach out to an experienced lawyer as soon as you find out your claim has been denied. If you’re interested in learning more about the Florida Workers Comp deadline to file, visit this page
Your Employer May Assume That Your Claim is Not Legitimate
Even if you know your claim is legitimate, you should expect your employer to be doubtful. Sadly, there have probably been a lot of employees who have taken advantage of your employer in the past. What this means is that your claim will be scrutinized much more heavily than other, more tenured employees.
As long as your Orlando workers compensation lawyer can prove that your injuries are legitimate, you shouldn’t have a hard time qualifying for benefits.
Your employer cannot deny you benefits based only on a hunch. They’ll have to come up with a valid reason for denying your claim.
Your Employer Cannot Treat You Differently Just Because You’re New
If your employer treats your claim differently simply because you’re new, that’s a problem. Your employer cannot discriminate against you based on your tenure. They do have the right to investigate your claim. They have the right to investigate any workers’ compensation claim. However, their investigation has to be reasonable.
Make Sure You Let Your Orlando Workers Compensation Lawyer Know if This Happens
If you feel that your employer is being harder on you because you’re new, let your Orlando workers compensation lawyer know. They can reach out to your employer or their insurance carrier and let them know that you have legal representation.
Sometimes, once your employer knows you have an attorney, they’ll take your claim a little more seriously.
Either Way, You’ll Have to Meet the Criteria for Workers Compensation
Even though you’re new, you still have to meet the same criteria to qualify for workers compensation. These are the same no matter what kind of work you do and no matter how long you’ve worked for your employer.
Some of the requirements for workers compensation in Florida include the following.
- You must be acting within the normal scope of your employment at the time of your accident.
- You cannot be under the influence of drugs or alcohol at the time of your workplace accident.
- You must report your injuries to your employer right away.
- You must agree to be treated by an approved workers comp doctor.
As long as you meet these basic criteria, there’s a good chance your claim will be approved. If so, you’ll be entitled to certain benefits.
You’ll Be Entitled to the Same Benefits as Any Other Worker
Once your claim is approved, you’ll receive two types of benefits. Your medical care will be covered. As long as your treatment is related to your workplace injuries, it will be covered.
While you are being treated for your injuries, you will receive weekly benefits as well. These will be equal to two-thirds of your average weekly wages. These benefits will continue until you return to work.
Your Medical Care Will Be Covered by Your Employer’s Insurance Carrier
It’s important that you confirm that your medical care will be covered by insurance. Even for minor injuries, you can accrue thousands of dollars in medical bills. For more serious injuries, these bills can add up quickly.
Of course, you will only be covered for injuries suffered in your workplace accident. You cannot expect to be treated for any pre-existing conditions. The same is true for any injuries you’ve suffered outside of work.
It’s a Good Idea to Speak with an Orlando Workers Comp Attorney Right Away
If you’ve only been with your employer for a short time, there’s a good chance your workers’ comp claim will be denied. Our Orlando workers compensation lawyers have seen this happen time and time again. That’s why it’s important you reach out to us sooner rather than later.
Our associates have been handling these types of cases for years. There’s very little we haven’t seen before. If your employer has denied your workers’ compensation claim, we’ll get to the bottom of it.
We Do Offer Our New Clients a Free, Initial Consultation
If we feel that your claim is legitimate, one of our Florida workers comp attorneys can help you appeal your claim. We’ll also look to see if there are any third parties who may be responsible for your injuries.
We offer all new clients a free, initial consultation. Take advantage of this opportunity. You’ll have the chance to find out what your options are.