Navigating Florida's workers' compensation system can be a daunting task for injured workers. The process involves multiple steps, from reporting the injury to understanding the benefits one is entitled to. This guide will walk you through each stage of filing a workers' compensation claim in Florida, making sure you understand your rights and responsibilities under state law.

Report the Injury Immediately

The first step after getting hurt at work is to report it to your employer as soon as possible. Under Florida law, they need to be informed by 30 days from the date of the injury. By not reporting the injury within this timeframe, you can jeopardize your ability to receive benefits.

• Tip: Document the date and time of your report, who you reported the injury to, and any response received. This record can be important if there are disputes later on.
• Exceptions: There are exceptions to the 30-day rule, such as when the injury or illness develops over time (e.g., repetitive strain injuries). In these cases, the 30-day clock starts when you become aware of the injury and its work-related nature.

Seek Immediate Medical Attention

Once the injury is reported, seeking medical treatment is your next priority. In Florida, your employer or their insurance company often chooses the doctor who will treat you, known as an "authorized treating physician."

• Authorized Treatment: Only the treatment provided by an authorized physician is covered by workers' compensation insurance. If you seek treatment from a non-authorized provider, you may have to pay for those services out of pocket.
• Emergency Situations: In the case of an emergency, you should seek immediate medical attention. Emergency care is generally covered regardless of whether the treating physician is authorized.

Complete Necessary Paperwork

After seeking medical care, you'll need to complete and submit several forms. Your employer is required to file a "First Report of Injury or Illness" with their insurance company and the Florida Division of Workers' Compensation. You will also be required to fill out a "Claim Form" to officially begin the claims process.

• Keep Copies: Always keep copies of all forms and documentation submitted. This includes medical records, the report of injury, and any communication with your employer or insurance company.
• Timeliness: Ensure all paperwork is submitted promptly. Delays can result in denied claims or a reduction in benefits.

Understand the Benefits Available

Florida's workers' compensation system offers several types of benefits, depending on the severity of the injury and its impact on your ability to work:

• Medical Benefits: Covers all medical treatment related to the injury, including doctor visits, surgeries, medications, and rehabilitation.
• Wage Replacement Benefits: If you can't work because of your injury, you may be entitled to wage replacement benefits. These benefits generally equate to two-thirds of your average weekly wage, up to a state-determined maximum.
  • Temporary Total Disability (TTD): If you are temporarily unable to work, TTD benefits are provided.
  • Temporary Partial Disability (TPD): If you can return to work but at a reduced capacity or for fewer hours, TPD benefits apply.
  • Permanent Total Disability (PTD): If you are permanently unable to work, PTD benefits are provided.
  • Permanent Impairment Benefits: If you suffer a permanent impairment but can still work, you may receive these benefits.

Stay Informed and Follow Your Treatment Plan

Following your doctor's treatment plan is crucial. Non-compliance can result in a reduction or suspension of your benefits. This includes attending all scheduled appointments, following prescribed rehabilitation programs and adhering to any work restrictions.

• Communication is Key: Keep open communication with your employer and the insurance company. Inform them of your progress and any changes in your medical condition.

Dealing with Denied Claims

Not all workers' compensation claims are approved. If your claim is denied, at first, don't lose hope. You have the right to appeal their decision. The first step in the appeals process is to request a mediation conference with the Florida Division of Workers' Compensation.

• Reasons for Denial: Common reasons include insufficient documentation, missed deadlines, or disputes over whether the injury is work-related.
• Appeal Process: If mediation is unsuccessful, you have the option to file a petition with the Office of the Judges of Compensation Claims (OJCC). Engaging a skilled workers' compensation attorney can be invaluable in guiding you through the complexities of the appeals process.

Consider Hiring a Workers' Compensation Attorney

While you can handle a workers' compensation claim on your own, hiring an attorney will be very beneficial, especially if your case is complex or if your claim has been denied. An attorney will help make sure you receive the benefits you deserve and can represent you in court if necessary.

• Contingency Basis: The majority of workers' compensation attorneys operate on a contingency basis, which means they only receive payment if you win your case. This makes legal representation more accessible for injured workers.

Know Your Rights and Stay Informed

Understanding your rights under Florida's workers' compensation laws is important. Employers and insurance companies are obligated to provide injured workers with benefits, but they may not always be forthcoming with information.

• Request Information: You can request a free copy of the "Employee Assistance Office" guide from the Florida Division of Workers' Compensation, which provides comprehensive information about your rights and the workers' compensation process.

Conclusion

Filing a workers' compensation claim in Florida involves several steps, from promptly reporting your injury to understanding your rights and benefits under the law. Staying organized, following the required procedures, and seeking professional help when necessary can ensure you receive the benefits you're entitled to. 

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida workers compensation claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.