Florida law requires most employers to maintain worker’s compensation insurance to protect employees from financial losses in the event they are hurt on the job. As an injured worker, you need to know what to do after a workplace injury occurs so you can recover damages fully. Before you file a worker’s compensation claim in South Florida, consider the following steps to take after a workplace injury in Florida.
At Ara Work Injury Law, our legal team works with injured workers in Florida to provide fair treatment under the law. Contact us for a consultation.
Seek Immediate Medical Attention
The most important step you can take is to seek medical attention for your injuries. Doing so allows you to get the care you need to minimize additional suffering or complications. Always prioritize your health.
In Florida, you must also inform the healthcare provider at the time of receiving care that the injury is from a work-related incident. This ensures that worker’s compensation documentation and coverage applies to your care.
Report the Injury to Your Employer
Your employer needs to know about the injury as soon as possible. If you have an injury that does not indicate a potentially immediately fatal condition, let your employer know of the accident prior to getting help. This is not necessary if there are further risks to you by waiting.
In all cases, you have to alert your employer no later than 30 days from the date of the accident. Waiting beyond that could mean your claim receives a denial. Ensure you meet this requirement of the worker’s compensation process.
Document the Incident Thoroughly
Throughout the entire process, from injury through care, document the injury and all aspects of your care. This includes starting with:
- The time of the incident
- The location, specifically where it happened at the job site
- The circumstances involved, including what happened to cause the accident
- The witnesses or other employees or customers who saw what occurred
- The type of resulting injury
This documentation helps to substantiate your claim. The insurance company will later use it to verify that the incident happened at the job site and while you were working, protecting your right to compensation.
File a Worker’s Compensation Claim
Filing a worker’s compensation claim requires documenting the incident to your employer. Your employer’s insurance adjuster may contact you to ask questions. The key here is only to provide facts about what happened and who was there.
You will submit your claim to the Florida Division of Worker’s Compensation. Do this promptly to make sure you receive access to your benefits in a timely fashion. The sooner you file the claim, the sooner medical care reimbursement and wage replacement get into place. Be sure that, without a doubt, all medical documents are clear and that all forms are accurate. Otherwise, this could lead to frustrating delays.
You may have to provide answers to questions or obtain additional care to document your injury. Doing so is often necessary if there are missing details or questions about what took place or where. Stick to the same story and always be authentic in reporting what occurred. Having an attorney represent you through this process is critical.
Follow Medical Advice and Attend All Appointments
The process of receiving compensation could take some time. In the meantime, do what your medical provider tells you to do. That includes, at the least:
- Going to all medical appointments, they recommend
- Avoiding work or work-related activities that they tell you not to do
- Avoid other activities that could jeopardize your health or increase your risk of injury
- If you must return to partial duty, do so but follow the restrictions provided to you.
- Attend all follow-up appointments and any type of treatments scheduled for you.
Your doctor will provide a treatment plan for you. Make sure you keep those appointments that support your recovery. This helps you to show you are compliant with the doctor and authentic about your injuries and losses.
Also, note that your care level may change over time. You may progress enough to go back to work. If so, be sure you have a medical document stating what you can and cannot do. This also helps to protect your rights should there be questions later.
Your employer cannot make you come back to work if you are not fit to do so. At the same time, if you must return because your doctor states you should be able to, and you cannot perform the tasks required, speak to your employer about modifications to your work duties until you can regain the ability to do what you need.
Consult with a Worker’s Compensation Attorney
Perhaps most important in these situations is having legal guidance by your side. A worker’s compensation lawyer in South Florida can ensure you do not make mistakes that could cost you the benefits you need to recover. You also want to be sure that you know what your rights are and what types of restrictions you can request.
Your attorney can help you navigate the Florida worker’s compensation benefits available to you, ensure you document all injuries and losses and fight for you to receive fair compensation. In some situations, legal counsel can protect your rights to ensure you receive all of the benefits you need, even if the insurance company tries to deny you or your employer does not treat you fairly.
In any situation where you receive a denial, you may be able to appeal. We can help you to do that as well.
Schedule a Consultation with Our South Florida Worker’s Compensation Attorney Now
We advocate for those hurt at work. That includes helping you to file your worker’s compensation claim to meet the requirements under the law. No matter which stage of this process you are in right now, we encourage you to contact us for immediate help. Turn to Ara Work Injury Law for a consultation to discuss your case. You do not need to navigate this complicated situation on your own. Let us help you through the legal process instead. Call us for a free consultation at 561.934.3272 | 561.9343.ARA if you’ve been injured in a Florida work-related accident.
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