Workplace accidents happen a lot. Every year, thousands of employees in Florida get injured on the job and file workers’ comp claims for their job-related injuries and health conditions in good faith, expecting to quickly receive the compensation they are legally entitled to. Unfortunately, the cold hard reality is that the insurance career and/or the employer end up denying more than half of these claims. To optimize your chance of success with a workers’ compensation case, it’s essential to stick to deadlines and follow specific rules. While your best chance of success is with an experienced workers’ comp attorney, having a basic understanding of how filing works will help you navigate the case. Here are some steps to know when filing your workers’ comp case.
Steps To Filing A Workers’ Compensation Claim In Florida
- Record all details of the incident or circumstance on paper so you have the facts clear; memory fades.
- Take photographic and video evidence if possible. If you’re involved in a work-related vehicle accident, for example, take a photo and video of the scene of the accident, your injuries, and the equipment involved.
- Collect the names and contact information of any witnesses at the scene of the accident. This is especially critical if you were injured while at work but outside your normal work environment.
- Seek medical attention so you have documentation of your injuries
- Report your symptoms or injury to your employer within 30 days of your injury, even if you’re not taking time off work. If your employer doesn’t report the injury, you can report it to the insurer on your own through a form.
- Follow up with the insurance company to ensure the claim was filed. The employer should give you a “First Report of Injury or Illness” form that you need to fill out and sign, and the employer is required to submit it to the insurance carrier within a week.
Who Is Eligible For Workers’ Comp
Workers’ compensation covers a wide range of physical and mental illnesses and injuries to offer replacement for lost wages, compensation for medical treatment, and other benefits. If you were injured on the job or while engaged in work-related activity off-site, you are most likely eligible to receive these benefits. If your job duties aggravate a pre-existing health condition, or incur a new health issue, you may also be eligible.
What To Do If Your Claim Was Denied
There is a three-part process following a denied workers’ compensation claim:
- Your workers’ compensation insurance carrier notifies you after an investigation. Remember- many claims are denied, and you can appeal.
- To appeal a claim denial, you can petition the Office of Judges of Compensation Claims (OJCC).
- Any disputes are hashed out during a scheduled mediation. After that, a judge decides the outcome. If you choose to dispute the judge’s decision, you and your attorney can appeal.
Contact Us Today
Navigating a workers’ comp case, especially one that has been denied, can be a complex process. An experienced workers’ comp attorney will help you attain the optimal outcome for your case and help you appeal unfair decisions to get the compensation you deserve. Call Asnis Srebnick & Kaufman to consult with a Florida workers’ comp lawyer today.
