With very few exceptions, all Florida businesses must carry some form of workers’ compensation insurance. The purpose of this, of course, is to cover medical bills for full-time or part-time employees who injure themselves on the job. This blog will serve as a general guide to help you understand your obligations when it comes to filing a claim as well as your options if your employer does not handle your claim satisfactorily.
Statute of Limitations
In Florida, the statute of limitations for filing a workers’ compensation claim is 30 days from when the accident occurred. However, some medical conditions that will necessitate a workers’ comp claim will not be apparent right away. When you discover that you have an illness or injury that was caused by your work, the 30-day statute of limitations begins ticking down.
When you notify your employer of your injury, try to give as much detail as possible. Relay the location of the injury, who might have witnessed it, what exactly caused the injury, and the time of the accident. After you give your employer notice of your injury, he or she has only seven days to move forward with the claim.
What Can You Receive from Workers’ Comp?
In addition to compensation for medical care (including for rehabilitation), you might be eligible to receive partial wages that you lost out on due to your injury. If your injury has left you with permanent limitations, you might receive impairment benefits. Workplace injuries that only result in a temporary disability can result in your receiving partial wages for up to 104 weeks.
What If Your Employer Rejects Your Original Claim?
Getting your workers’ compensation claim rejected is certainly frustrating. However, know that there is another option for you, which is to file a petition for benefits with the Florida Employment Assistance Office. This must be done within two years after your claim’s denial. At this point, it is advisable to retain the services of a personal injury attorney who has experience with workers’ compensation cases. After you file the petition, your employer will have 120 days to either pay your request or issue a response.
With the uncertain economic situation that is sweeping Florida and the rest of the nation, you should act with a sense of urgency in moving forward with a workers’ compensation claim. Feldman Legal Group will be able to look at your specific situation and determine the best path forward, which could mean filing a petition or appealing a past decision. Call the firm at 1-855-284-3254 to discuss your options.