Florida and Georgia Workers’ Comp Claim Attorneys
Workers’ compensation protects workers by helping them afford out-of-pocket medical treatment with compensation for lost wages. Assistance from Workers’ Compensation claims help employees who are involved in job site injury or those with unsafe job environments resume their lives.
Every year, thousands of employees in Florida and Georgia file workers’ comp claims. Yet over half of workers’ comp claims are denied by insurance or employers. This is partially because these cases are difficult to argue and include navigating strict deadlines and complicated paperwork. Without proper legal assistance, many people miss their opportunity to get the justice they deserve.
Winning these cases requires getting representation from an experienced worker’s compensation law firm. By hiring a law firm with a proven success record, you improve your chances of getting the justice you deserve. Get your free, no-obligation case review from the work injury attorneys at Farah & Farah now.
When Can You File a Workers’ Compensation Claim?
You can file a workers’ compensation claim as soon as you experience a work-related accident or illness. In order to qualify for workers’ compensation, you must tell your employer as soon as you experience an injury on the job. It is important to tell your employer because Florida and Georgia offer limited windows to report accidents or injuries related to workers’ compensation. Once you inform your employer, under law, your employer must report your damage to their insurance company within seven days.
Delaying filing may jeopardize the strength of your claim. Insurance and employers are often skeptical of claims that have been filed well after the injury — so you need to act fast. You are entitled to protection, and it is your legal right to seek compensation.
Filing claims is more complicated for conditions that developed slowly due to their working environment. For example, if you have mesothelioma from long-term asbestos exposure or carpal tunnel syndrome from the demands of your workplace, it is harder to pinpoint the moment your workplace compromised your health. These types of injuries are classified as continuous or cumulative injuries. For continuous or cumulative injuries, you need to file as soon as you have to take off time from work to see a doctor for that injury or required to take time from work to recover.
Filing a Workers’ Compensation Claim in Florida and Georgia
After experiencing a work injury, you need to take immediate steps to file a workers’ compensation claim. 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 your state’s Workers’ Compensation department.
Your report can be oral or in writing. Get a copy of any forms they will issue during this process. Obtaining all relevant paperwork will help smooth out your settlement process later on the road.
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 get to choose their doctor. However, the employer is not supposed to threaten or coerce the employee in the selection of a doctor.
Your employer may want to resolve the dispute before you file your petition. If they offer this opportunity, use it to discuss issues like missing checks or disputed claims with your employer. If the medical benefits provided are not sufficient, you might need to go through a “managed care grievance procedure” before filing a petition.
Contact a Workers’ Comp Claim Attorney to Help You File a Petition
If your attempt to settle your dispute doesn’t yield desired results, your next step is to file a petition. While the law doesn’t require hiring an attorney for filing out a petition, trusting your claim to an experienced law firm can help improve your results. They will help you negotiate the mountains of paperwork while helping you gather evidence and deliver a compelling case.
Carefully Fill Out the Petition
Filing a petition requires a lot of attention-to-detail oriented work. You will need to provide detailed accident descriptions, complicated questions about your job responsibilities, summaries of medical benefits you need, and other crucial information. Failure to do so correctly will compromise the strength of your claim.
Avoid these pitfalls by filling out the petition with a lawyer who understands workers’ compensation law. Because you have a limited timeframe to file any paperwork, a lawyer will help you expedite your petition with expert guidance.
File and Serve The Petition
Before your case is ready, you must make sure you file your petition with the Office of the Judges of Compensation Claims (OJCC) Clerk’s Office. You must also send a copy of the petition to your employer and your employer’s workers’ compensation carrier. If you know the attorney office fielding claims for your employer, send them these materials as well.
Be Prepared To Go Through a Mediation, And a Hearing
After filing your petition, you can expect a meditation within 130 days of your case. Sometimes mediation is not required before the case has a final hearing.
Mediation is an informal process to reach an agreement about your settlement. Parties involved can include you, your employer, and their workers’ comp insurer.
If these parties are unable to agree during mediation, then the case will resume as a pre-trial hearing before heading to a Judge of Compensation Claims (JCC) for a final hearing. During your hearing, you will need to provide evidence for your injury, how it occurred, how it has impacted your life. The JCC will issue a decision based on this testimony.
You Can File an Appeal For Unsatisfactory Results
Appeal processes can give your case another chance. You have a right to file an appeal within 30 days of the JCC’s decision. If you think justice has not been served, you and your attorney can file an appeal with the First District Court of Appeal within 30 days of their decision.
Workers’ Comp Claim Lawyers at Farah & Farah Are Here to Help
Arguing a successful workers’ compensation case is an uphill battle. From the get-go, many law firms will not invest the time needed to litigate a workers’ compensation claim successfully.
In addition to demonstrating a convincing case, you need to file paperwork, gather evidence, and deal with all involved parties. You shouldn’t have to bear the responsibility alone. Having a skilled attorney on your side can help you get the compensation you deserve.
The workers’ comp claim lawyers at Farah & Farah are dedicated to helping injured people file workers’ compensation claims and receive all the compensation they are entitled to and desperately need. Call now for your free, no-obligation case review.