If you have been unfortunate enough to suffer an injury at work, it is really important that your report it as soon as possible. Failure to do so could result in your Worker’s Compensation benefits being significantly reduced, or in some cases completely denied automatically.
I can be daunting putting in a claim against your employer, and you may hesitate because you are worried about the repercussions. But, every employer has a duty of care to ensure that you are safe while you are working for them. If this is not the case, and you have been injured or become unwell as a result of your working conditions, you are completely within your rights to file a Worker’s Compensation claim against them.
How Soon Should I Report An Injury?
Here in Florida, the law states that you must report most types of injury within 30 days of when the accident took place. If, however, a condition or illness develops over time, you must notify your employer within 30 days of discovering that it was caused by your working conditions. Failure to report an injury or illness within this timeframe may mean that lose all or some of your benefits.
How Much Detail Should I Report About The Injury?
Ideally, you should report a much as you can remember about the injury in the first instance. At the very least, you need to be able to detail the following:
- when and where the accident happened
- how and where you have been physically hurt
- what symptoms you are experiencing
As soon as you report your injury, your employer should send to see an occupational doctor as soon as possible. Because your employer gets to choose which doctor you see, it is very important that you tell him as much information about your injuries and the severity of your symptoms from the outset.
What Happens If My Symptoms Take Longer Than 30 Days To Develop
If you develop an occupational illness such as arthritis, or COPD, the time period for notifying your employer will be longer. You are however fully responsible for reporting the condition to your employer as soon as you have an official diagnosis and proof that the condition was caused by your work.
Will Late Reporting Mean My Claim Is Refused?
Not always. In some circumstances, late reporting can be excused to a degree and you may still be eligible to collect certain Workers’ Compensation benefits. Examples of this could be:
- When you employer already aware of your injury as witnessed by another member of staff
- If the accident left you incapacitated and therefore unable to report to your employer
- Your employer didn’t post legally required notices about the relevant Workers Compensation rules.
In some cases, if you do report your injury, but your employer’s insurance company denies your claim, you do have the right to appeal.
If you or someone you know has been injured at work and is concerned about how and when to claim for Workers Compensation benefits, talk to our Lawyers today at 844-762-8155.
When you hire the Law Offices of Ala Alikhani, P.A. to represent you, we go to extremes to ensure employers and their insurance companies are held accountable and that you receive the benefits you are entitled to by the law.
Were you injured at work? Contact us for a FREE consultation. We are available throughout all times of the day to discuss your case with you. Our office is fluent in Creole and Spanish.
-FREE CONSULTATION
-No out of pocket fees or costs unless you recover.
-Covering Miami, Fort Lauderdale, West Palm Beach and all throughout the State of Florida.
370 Camino Gardens Blvd., Suite 325
Boca Raton, FL 33432
TOLL FREE: (844) 762-8155