Every seven seconds, an American worker sustains an injury on the job. Many of these incidents lead to serious injuries or even fatal outcomes. An injury can drastically affect your health and well-being in addition to your financial situation. To complicate matters, making mistakes that could jeopardize your Florida workers’ compensation benefits claim. This could put you in an even more difficult situation.
What is Workers’ Compensation?
Florida workers’ compensation at its core is a form of insurance that pays employees after they are hurt on the job. Most workers who suffer from occupational illnesses and work-related injuries have legal grounds for pursuing workers’ compensation claims. However, to maximize your chances of obtaining workers’ comp, you must follow certain protocols.
Florida’s statute of limitations declares that a worker should report an injury to their employer within 30 days. Then they need to file a petition for benefits within two years. Though there are some exceptions, it is best to act early. The rules regarding workers’ compensation are very strict. It’s essential to do everything right to receive the benefits you deserve.
The Most Common Mistakes That Could Jeopardize Your Workers’ Compensation Claim
- Not Notifying Your Employer at all or on Time – In Florida, you have 30 days after your injury to officially notify your employer that you were hurt on the job. If you receive benefits, they will be backdated to the “date of injury.” It’s an employer’s responsibility to provide a safe work environment. Even if the injury is minor, it’s better to notify your employer and not need benefits than to have trouble getting them later because you failed to notify your employer on time.
- Claim Form Errors – The workers’ compensation insurance company may reject your claims if you incorrectly fill out forms or fail to provide a complete medical history. Be sure to take your time and complete all paperwork accurately.
- Not Seeking Medical Help – If you fail to seek medical help or do not follow a doctor’s instructions, it may also jeopardize your claim. Often you must prove the severity of your injury, and the only way to do that is through medical records and bills. Be sure to seek medical help immediately following your injury to document the incident. Additionally, sometimes the workers’ compensation insurance will require you to see a specific doctor. Therefore, it is important that you check with your employer before receiving medical attention if the injury is not life threatening.
- Ignoring Deadlines – Stay on target and on time. If you miss deadlines, you will not be able to receive the benefits you need.
- Not Speaking with an Attorney – Before settling with your employer or workers’ compensation company, speak with your attorney. Your employer and WC insurance provider will want to pay out as little as possible. Your workers’ compensation lawyer will ensure you get the maximum benefits you deserve after an injury.
At Weinstein & Cohen, we have more than 50 years of combined experience fighting for victim’s rights. Our experienced Miami and Naples workers’ compensation attorneys at Weinstein & Cohen will put your priorities first. If you or someone you care about has been injured or involved in an accident in the workplace across South Florida or Southwest Florida, contact the Miami and Naples personal injury lawyers at Weinstein & Cohen at 305-374-1011 or 239-793-3331, or visit fairnessforall.com for an absolutely free legal consultation to learn more about your options.