Filing a Workers’ Compensation Claim in Florida
If you are injured on the job you must tell your employer immediately. Florida Workers’ Compensation law extends 30 days to report the accident or injury, however under law, your employer must report your injury to the insurance company within seven days.
Your employer should provide you with the forms you need to file your claim. If your employer does not offer you the claims forms, you can obtain them from the Employee Assistance Office of the Florida Department of Workers’ Compensation.
The employer’s insurance company will direct you to the doctor you should see for treatment. Under the revised workers’ compensation laws, the injured employee does not select a doctor of his choosing, though the employer is not supposed to threaten or coerce the employee in the selection of a doctor.
You are entitled to necessary medical care related to the injury. Speak with a FL work injury lawyer at 855-797-9899 for help.
Medical Care and Expenses After a Work Injury
Medical care after an on the job injury might include surgery, dental care, hospital stay, prescription drugs and medical supplies. Explain to the medical professional what happened and make sure you tell him/her how you were injured. You will be asked about your medical history. Be sure to ask the doctor how long you will be out of work. If you cannot return to your job due to your injury, determine from the doctor what work you can and cannot do.
The injured employee needs to contact both the employer and insurance company to update them on the doctor visit, what was advised, and when you can return to work. Do not try to do more than the doctor has advised.
Often the insurance adjuster will want to talk to the injured employee to explain his rights and obligations. In filing a claim you will receive your accident report along with a fraud statement which must be signed and returned. The employee will also have to sign a form releasing their medical records.
If the insurance carrier or the employer denies benefits to pay for medical care or lost wages, the injured employee has the right to call the Division of Workers’ Compensation to remedy the problem through an informal process. At that point, it would be wise to consult with a Jacksonville workers’ compensation attorney so no mistakes are made. An unresolved claim may end up in a hearing before a judge who has the authority to resolve the issue and require the losing party to pay the winner’s court costs and attorneys fees.
It is against the law to threaten an employee with their job for asserting a valid claim for benefits but the employer does not have to hold open the job of an injured worker. However, you may be protected under the Family Medical Leave Act.
Jacksonville FL Workers’ Comp Claim Lawyers at Farah & Farah Are Here to Help
Since state law limits attorney fees, many law firms will not invest the time needed to successfully litigate a workers’ compensation claim.
The Jacksonville workers’ comp claim lawyers at Farah & Farah are dedicated to helping injured people file workers’ compensation claims to receive all the compensation they are entitled to and desperately need. Please call 855-797-9899 today for a free consultation.