How Long Do I Have to File a Workers’ Compensation Claim in Florida?
Injured workers must observe two important deadlines in Florida.
Workers’ compensation laws in the Sunshine State include a filing deadline, which is normally thirty days, and a claims deadline, which is normally two years. As outlined below, the filing deadline is usually an issue in trauma injury cases, such as falls. The claims deadline is often an issue in occupational disease cases, like asbestos exposure. Injured workers who miss either deadline could lose their right to obtain benefits.
These benefits usually include lost wage replacement and medical bill payment. Most victims receive two-thirds of their average weekly wage (AWW) for the duration of their temporary or permanent disabilities. The insurance company must also pay all reasonably necessary medical bills, a category that includes direct costs, like doctor bills, and ancillary costs, like prescription drugs. In some cases, a Tampa workers’ compensation lawyer can file a civil claim and obtain additional compensation.
30 Days
Most job injury victims must report their work-related injuries to an appropriate supervisor within thirty days.
“Report” usually means a written report. A non-written report, like a phone call or text message, may not suffice. The best practice is to notify the supervisor instantly via text, email, or phone, and then mail a pen-and-paper notice later.
Usually, the written report must be sent within thirty days of the injury, not received within thirty days. Either send the notice by registered mail or record a date-stamped/timestamped video that shows the notice being placed in the mailbox before the deadline expires.
“Supervisor” usually has a specific meaning as well. The company CEO or another senior executive is usually not a supervisor in this context. The worker’s immediate supervisor may not be the correct person either. Usually, the insurance company designates a workers’ compensation claims contact person. Failure to notify the correct person is like failing to notify anyone.
Two Years
Twenty-four months is the standard statute of limitations in personal injury claims, including workers’ compensation claims. The SOL gives victims time to file their claims or lawsuits and ensures that defendants do not perpetually look over their shoulders.
The law extends the workers’ compensation SOL in several situations, such as employer fraud and delayed illness discovery.
Workers’ compensation fraud could be a false promise. Many employers promise to pay all medical bills under the table if injured workers do not file occupational disease claims. These employers are not being generous. They want to avoid reporting the incident because they do not want their premiums to go up.
When, not if, employers break these promises, the two-year SOL has often passed. The fraud exception helps ensure that these workers are not left out in the cold.
Additionally, the two-year countdown begins after victims discover the full extent of their illnesses or other damages, and they conclude their damages were work-related.
Asbestos exposure is a good example. Mesothelioma and other asbestos poisoning illnesses often take several decades to form. After these victims show signs of illness, they often do not immediately connect their mesothelioma or other illness to a place they worked 50 years ago.
If anything, such vulnerable victims need more legal protection, not less. Hence, the discovery rule has broad applications.
Connect With a Thorough Pasco County Lawyer
Victims need and deserve compensation for their serious injuries. For a confidential consultation with an experienced workers’ compensation lawyer in New Port Richey, contact the Rooth Law Firm. Mr. Rooth is a Board Certified attorney in workers' compensation law by the Florida Bar Association, a distinction that fewer than one percent of all Florida lawyers have.