Many injured employees are concerned that losing their job with the employer where the injury or injuries occurred will result in the end of their Workers’ Compensation claim. This is not necessarily true if the accident took place while the injured worker was still employed by the employer and also reported the claim in a timely manner.
The Florida Workers’ Compensation law allows thirty (30) days for notice of the injury to be reported to the employer. This requirement is usually met once the accident is reported to one of the supervisors and an injury report which includes details about the accident is completed. There are certain exceptions to this rule, however most claims will be denied by the insurance carrier if the time to report the claim has elapsed.
An employee may either resign from the job or be terminated and then ask us whether their Workers’ Compensation claim also has ended at that time. Assuming the claim has been accepted by the Employer/Carrier, this situation would not result in the claim ending at the time of separation of employment. However, this may affect the injured employee’s rights to receive lost wage benefits as it will depend on what caused the employment to end. If the separation with the employer occurs within the thirty (30) day period but the accident has not yet been reported, the employee must act quickly to make sure the time does not elapse. At the Law Offices of Ala Alikhani, P.A., we file Petitions for Benefits with the Court which generally fulfills the reporting requirement if the thirty (30) day period has not yet passed.
These days, the COVID-19 pandemic has resulted in more layoffs and downsizing by many companies. Many companies are also shutting down their business permanently. In such a situation, if an accident occurred prior to the shutting down of the business, there are still avenues to bring a Workers’ Compensation claim in order to seek the lost wage and medical benefits that you’re entitled to pursuant to the law. Generally, the claim will go through the insurance carrier of the employer if there was valid coverage in place at the time of the accident. This will also apply if the claim had already been picked up prior to the company shutting down.
All in all, cessation of employment will not cause you to lose your right to pursue a Workers’ Compensation claim. Even if there are possible issues with the reporting period, there are other options for pursuing a claim which we will certainly look into on your behalf.
If you or someone you know has been injured at work and is concerned about whether their employment status affects their entitlement to Workers’ Compensation benefits, have them give us a call 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 that you are entitled to by the law.