Victims suffering an injury at work may be entitled to compensation for their losses. However, before you file a workers compensation claim in South Florida, it is critical that you understand the process as well as what your rights are. Our guide to filing a workers compensation claim in South Florida explains what you need to know.
At Ara Work Injury Law, our legal team can help you determine what those rights are while we fight for your full compensation under the law.
Understanding Worker’s Compensation in Florida
Worker’s compensation is a right of most employees in the state. This means that employees have the right to receive compensation for medical injuries and time missed at work due to serious injuries. Worker’s compensation rights under Florida law also make it less likely that an employee will be able to file a lawsuit against their employer. For injured workers in Florida, we strongly recommend the use of an attorney to guide you through the process of filing a workers compensation claim in Florida.
Step 1: Report the Injury to Your Employer
As soon as the injury occurs, alert your employer or immediate supervisor of the injury. Doing so right away minimizes any concern that the injury did not take place at work. The sooner you alert them, the less likely there are to be claim issues.
Step 2: Seek Medical Attention
Your next step is to get medical care. Your employer may have recommended treatment locations for you to use. If it is not an emergency, it is worth pursuing these locations where the worker’s compensation insurance coverage applies.
Getting medical care ensures your injuries receive clear documentation. If there are serious injuries or those that require significant medical care, go to any emergency room to get that care.
Step 3: File a Worker’s Compensation Claim
The worker’s compensation process begins with informing your employer of the injury.
You should provide medical documentation about your injury as required. If you are not sure that the worker’s compensation insurance adjuster needs to know every detail, contact a worker’s compensation attorney and allow our legal team to handle these questions on your behalf.
Step 4: Wait for Claim Approval
You may need to answer some questions over the coming days or weeks. A claim review will then take place by the worker’s compensation insurance adjuster. During this process, they work to verify that the injury took place at work doing work-related tasks.
The claim approval process could be straightforward. In that case, it may take only a few days. Other times, the insurance adjusters may delay the process further, making you wait to get the answers to your questions. Be sure to answer questions in a timely manner and only stick to the facts.
Step 5: Handling Disputes or Denials
Filing a worker’s compensation claim is not always simple. There may be various disputes along the way. The insurance company may question factors such as:
- If the accident was due to reckless actions
- If the accident took place at work
- The amount of the claim and type of treatment received
- The existence of pre-existing conditions
- Concerns about the length of time missed at work
As long as you did a good job of outlining all of the details, you may think that disputes and appeals will not happen. Yet, they do because insurance companies are working towards minimizing the compensation they pay out. This is why filing a worker’s compensation claim with the help of an attorney is often beneficial. If you are facing a denial or delay, contact an attorney to discuss your legal options.
Step 6: Receiving Benefits
If you are hurt at work, Florida worker’s compensation benefits enable you to recover the costs associated with authorized, necessary medical care, including:
- Medical testing
- Doctor’s visits
- Attendant care
- Prescription medications
- Hospitalizations
- Physical therapy
- Prosthesis
You may also be able to obtain compensation for specialized care when needed, transportation to and from the doctor, and other medical-related care. Additionally, you may receive wages or other monetary compensation at a rate of 66 23/3% of your regular wages. You will not receive benefits to cover the first 7 days of disability unless you are out of work for at least 21 days.
Step 7: Continuing Care and Return to Work
Most people receive care, heal, and go back to work. Other times that does not happen. Consider the following in relation to Florida worker’s compensation benefits:
- Do not return to work until your doctor clears you to do so.
- You may be able to return to work before being completely healed, assuming your employer can find related work to provide to you that meets any limitations.
- If you cannot go back to the same job due to your injury or losses, you may qualify for vocational rehabilitation.
You can receive benefits under temporary total disability for up to 206 weeks. Temporary partial disability applies in situations where you can return to work with restricted duties. This also applies for 206 weeks.
Your doctor may place you at Maximum Medical Improvement, meaning you are not likely to improve beyond the point you have. This could mean permanent work restrictions and impairment ratings. You may receive compensation if you have permanent impairment to the percentage applicable in your case.
Final Tip: Seeking Legal Help
Do you have questions about filing a workers’ compensation claim in Florida? Filing a worker’s compensation claim is challenging because of the numerous steps involved. At the same time, you are faced with the risk of missing a deadline or providing information that is misleading, leading to a denial of claim. By working with a worker’s compensation lawyer in South Florida, you can get help with any questions you have.
Learn more about your Florida worker’s compensation benefits by contacting Ara Work Injury Law today. Let us provide you with a free consultation and answer all of your questions. Call us if you have been injured in a Florida work-related accident. Call us at 561.934.3272 | 561.9343.ARA if you’ve been injured in a Florida work-related accident.
Se Habla Español.
