You typically have two years to file for workers’ compensation in Florida. That does not, however, mean you can or should wait the full two years to take action. Other deadlines and time limits could apply to your claim, including the 30-day deadline to report your injury to your employer.
Our Florida workers’ compensation lawyers can tell you more about the deadlines you may face when seeking benefits and how to prove that you took action within the legally mandated timeline.
Who Should File Your Workers’ Compensation Claim?
Most employers in Florida with more than four employees must carry workers’ compensation insurance. All of these employees can file for benefits if they suffer a job-related injury. Florida law requires employers to post information about workers’ comp in the workplace so you know about your rights.
Under Florida Statutes § 440.19, you have two years to take advantage of those rights and file for workers’ compensation benefits. That said, in many cases, the injured worker is not the person who files the claim: it is your employer’s responsibility to promptly notify their workers’ compensation insurance and file the claim on your behalf.
What to Do if Your Employer Fails to File a Timely Claim
While your employer has a legal responsibility to begin the workers’ compensation claim process, they do not always file right away. They may even refuse to file at all. If more than ten days pass without contact from your workers’ compensation provider, you can call the provider to check whether the claim was filed. They can provide you with the filing requirements and appropriate forms, if necessary.
Our workers’ comp attorneys can help you stay in touch with the insurer and deal with any problems that arise.
Reporting Your Workplace Injury or Illness
The first step of filing a claim is reporting it to your supervisor, manager, or HR department. You should always report your injuries immediately, as you only have 30 days to do so. Otherwise, you risk losing your right to benefits.
Your employer has seven days from when you notify them to file a workers’ compensation claim. Within three days of receiving the claim, your workers’ comp insurance will send you a pamphlet with information outlining your legal rights and remedies.
Timely Medical Intervention Can Also Support Your Claim
You should always seek medical attention immediately after an accident, as this will help document your workplace injuries. More importantly, it can save your life and prevent unnecessary suffering.
Other Reasons to File for Workers’ Comp as Soon as Possible
A major reason to file your workers’ compensation claim immediately is to recover compensation faster. The sooner you file, the sooner you can receive benefits like:
- Medical care
- Lost income
- Disability
- Occupational rehabilitation
- Death benefits
Additionally, you may need to provide evidence of your injuries and proof that they occurred on the job. This may require videos, photos, witness statements, and other time-sensitive evidence.
The longer you wait to obtain evidence, the less reliable it may be. For instance, a witness may forget important details or lose touch. The accident scene may be cleaned up or modified so work can continue. CCTV and other video evidence may be overwritten after a period of time.
Evidence gathering is time-consuming and can be complicated. Our workers’ comp lawyers have experience building cases for workers injured on the job. We can help you gather the information you need while you focus on recovering from your injuries.
Deadlines for Filing a Workers’ Compensation Appeal
Workers’ compensation claims may be denied for many reasons. Sometimes, the decision is based on a technicality, such as incorrect paperwork. Other times, you must build a case to defend your right to workers’ compensation. Common reasons for workers’ comp denials in Florida include:
- Insufficient evidence
- Inaccurate legal interpretation
- Incorrect handling of the claim
You have a limited time to file a workers’ compensation appeal. Our workplace injury lawyers can help you determine why the denial occurred, build a defense, and file the appropriate appeal documents within the allotted time frame.
When to File a Personal Injury Lawsuit for Work-Related Injuries
Sometimes, workers’ compensation is denied because the worker is not eligible. For example, if you are a private contractor, you may not technically be considered an employee who is entitled to benefits. Certain companies, industries, and occupations are also exempt from workers’ compensation requirements.
Under these circumstances, or if you were injured through a third party’s negligence, you may have grounds to file a personal injury lawsuit. Unlike workers’ compensation claims, you must be able to prove the other party was negligent and that their negligence caused your injuries.
How Long Do You Have to File a Personal Injury Lawsuit in Florida?
Florida’s statute of limitations for filing a lawsuit (Florida Statutes § 95.11) is typically two years for both personal injury and wrongful death. A lawsuit allows you to recover economic and non-economic damages, such as lost income not covered by workers’ comp, reduced quality of life, and pain and suffering.
Hiring our personal injury lawyers as soon as possible can help you meet filing deadlines, obtain evidence, and build a case to prove negligence. Time is of the essence after a workplace injury, whether you are a direct employee or a contracted worker. We can help you seek the compensation you deserve after an accident caused by someone else’s negligence.
Hire Our Workers’ Compensation Attorneys to Help With Your Claim
You do not have long to file a workers’ compensation claim and fulfill the other requirements for seeking benefits. Reach out to the workers’ compensation lawyers at Rosenberg & Rosenberg. Our legal team is well-versed in Florida laws and workers’ compensation requirements.
We handle a wide variety of cases, including personal injury and workers’ compensation claims. Over the past 50 years, we have recovered millions on behalf of our clients. You can rely on us to build a strong claim and seek fair compensation for your workplace injury. Contact our office today to schedule a free consultation.
