How to File a Workers’ Compensation Claim in Florida
After suffering an injury on the job, you can claim workers’ compensation, but the process is complex.
Most employers in Pasco County and throughout the state of Florida are required to carry workers’ compensation insurance. This insurance provides coverage for all of your medical expenses and a portion of your lost income if you are hurt on the job. The process for filing a workers’ compensation claim in Florida sounds fairly straightforward, but it always has the potential to become complicated. Our workers’ compensation lawyer in Pasco County can help you overcome any challenges that arise.
Reporting the Injury to Your Employer
The first step to take in your workers’ compensation claim is to report the injury to your employer. You should do this as soon as possible, but Florida law requires that you report the injury within 30 days. Sometimes, you may not be able to report your injury immediately. For example, if you hit your head at work you may not learn until one week later that you sustained a concussion. As soon as you discover how your injury is affecting your ability to work, you should tell your employer. If you do not report the injury within 30 days, you may lose your right to any benefits at all.
You should always report the injury in writing, so you have evidence of providing notice. Within your notice, include:
- The date and time the accident happened
- How the accident occurred and how you sustained injury
- Your current symptoms, including pain
Unless you require emergency medical treatment, your employer can choose the doctor you see. It is important to be honest with the doctor, tell them all your symptoms, and explain that you were injured on the job.
Filing a Claim With the Insurance Company
After you have told your employer about your injury, they are required to tell the insurance company within seven days. If your employer refuses to file a claim with the insurance company, you can contact the insurer directly. After the insurance company learns of your injury, they will conduct an investigation to determine whether you qualify for benefits. During this investigation the insurance company may:
- Review your medical records
- Analyze your education, work experience, and wages
- Order a medical examination to evaluate your condition
- Send you for a functional capacity evaluation to assess your ability to perform your employment duties.
Florida law also states that the insurance company must either approve or deny your workers’ compensation benefits quickly. If the insurer approves your claim, you will start receiving the benefits you need.
Our Workers’ Compensation Lawyer in Pasco County Can Help File Your Claim
Ideally, all workers’ compensation claims would be approved, but that does not always happen. At Rooth Law Firm, P.A., our Pasco County workers’ compensation lawyer is a board-certified attorney in workers’ comp by the Florida Bar Association. That is a distinction fewer than one percent of all lawyers in Florida have. Call us today at 727-849-3400 or contact us online to schedule a free consultation and to learn more about how our attorney can put his experience to work for you.