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Can a Delayed Injury Affect My Workers’ Comp Claim?

It is well known that many work-related injuries are not immediately apparent. In some cases, the effects of an injury may not be felt for days or even weeks after the accident occurred. This can cause concern regarding workers' compensation claims, as there may be a question as to whether the injury is actually work-related.

What is a Delayed Injury?

A delayed injury is an injury that is not immediately apparent after the accident occurs. These injuries can be challenging to prove, as there may be no witnesses, and the injured worker may not remember the exact moment when the injury occurred. Common examples of delayed injuries include:

  • Repetitive Motion Injuries - These types of injuries involve performing repeated tasks and affect workers whose jobs are physically demanding and those who sit at a desk for a majority of their job. Injuries include tendinitis, carpal tunnel syndrome, tennis elbow and various back issues.
  • Hearing Loss - Workers constantly surrounded by loud noises are prone to experience some form of hearing loss, even if wearing hearing protection. Over time, their hearing ability may decrease substantially.
  • Occupational Diseases - These are diseases that develop over time due to exposure to hazardous conditions at work. Examples include respiratory illnesses such as bronchitis, lung cancer, and skin diseases such as dermatitis.

How the Statute of Limitations Works in Florida

In Florida, the statute of limitations for workers' compensation claims is two years from the date of injury. This means that if you are injured at work and do not file a claim within two years, you will be unable to receive any benefits. However, if you are suffering from a delayed injury, you may still be eligible to file a claim as there may have been no reason to believe you were injured before your symptoms began to show.

Filing a Workers' Compensation Claim

If you have suffered a delayed injury, you must provide medical evidence to support your claim. This can be in the form of doctor's notes, x-rays, or MRI results. It is crucial to keep all documentation related to your injury, as this will be used to determine whether or not you are eligible for workers' compensation benefits. An experienced workers' compensation attorney can help you gather the necessary evidence and file a claim on your behalf.

Injured in a Workplace Accident in Hollywood, FL?

The workers' compensation attorneys at Rosenberg & Rosenberg, P.A. have over 50 years of experience representing injured workers in Fort Lauderdale and South Florida. We know that many injuries sustained at work are not immediately apparent, and it can take days or weeks for symptoms to appear. If you have been injured at work and are experiencing delayed symptoms, contact our experienced workers' compensation lawyers today to discuss your case. We will help you navigate the claims process and ensure you receive the benefits you deserve.

If you have suffered a workplace injury, call us today at (888) 499-6206 to schedule a free initial consultation.

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