Injured on the Job in Florida? 7 Steps to Take After a Workplace Injury
If you are injured on the job in Florida, workers’ compensation benefits are a vital resource to offset your lost wages and medical expenses. However, if you are applying for workers’ compensation benefits in Florida, there are strict rules and deadlines you must follow to protect your rights and eligibility. In this article, our North Central Florida Workers’ Compensation Attorneys share seven critical steps you must take to ensure you receive the workers’ compensation benefits you deserve.
In 2023, the Bureau of Labor Statistics reported a 7.5 percent increase in occupational injuries and illnesses. Workplace injuries can happen anytime, anywhere, and to anyone. When you get hurt on the job, it can cause massive disruption to your life—especially when the injury is severe and requires hospitalization and time off from work.
Under Florida law, most employers are required to carry workers’ compensation insurance. This insurance program is designed to provide financial and medical benefits to employees who suffer work-related injuries or illnesses. However, filing a workers’ compensation claim can be challenging for several reasons: the process involves understanding complex legal requirements; Florida has strict deadlines for reporting workplace injuries and filing claims; and employers and insurance companies may dispute claims to avoid paying benefits. That’s why it is critical you meet all the requirements of Florida’s workers’ compensation claim process.
7 steps of the workers’ compensation claims process
Avera & Smith’s experienced workers’ compensation team will help you successfully navigate the complicated workers’ compensation process and fight on your behalf to ensure you get the benefits you deserve. While the below steps are intended to guide you through the requirements of the workers’ compensation claims process in Florida, the best way to protect your rights and maximize the value of your claim is to contact an experienced North Central Florida workers’ compensation attorney.
If you have questions on any of the information found on this page or if you would like to discuss your workers’ compensation claim, contact Avera & Smith for a free consultation.
1. Report the injury to your employer.
Florida law requires employees to report workplace injuries to their employer within 30 days of the incident to be eligible for workers’ compensation. For occupational diseases, the reporting period is 90 days from the first sign of illness. It’s best to report as soon as possible, as failing to report within the time limit may jeopardize eligibility for benefits.
When notifying your employer, provide as much detail as possible, including:
- When and where the accident happened
- What you were doing at the time of the accident
- What symptoms you are experiencing
- If there were any witnesses
In Florida, your employer can choose your treating doctor unless you require emergency treatment. Therefore, if your injury does not require immediate medical attention, it is advisable to report the injury to your employer before seeking care to ensure you receive treatment from a healthcare provider authorized by your employer or the workers’ compensation insurance carrier. When receiving treatment, inform the healthcare provider that your injury is work-related so that it is accurately documented in your medical records.
2. Complete a workplace injury report.
Once you have reported your injury to your employer, your employer must notify the company’s workers’ compensation insurance carrier within seven days. If your employer refuses to report your injury, you can contact the insurance company directly. The insurance company will then conduct an investigation to determine your eligibility for workers’ compensation benefits. A critical part of this investigation will be the workplace injury report.
Your employer should send you a copy of the First Report of Illness or Injury which they also file with their insurance carrier. If you do not receive a form to complete from your employer, you can obtain one from the Florida Department of Financial Services website here. The level of detail within your injury report can be crucial to the approval of your workers’ compensation claim. Florida requires that all employers keep meticulous records of all injuries or illnesses through the Occupational Health and Safety Administration. So, even if your employer tells you that it is not necessary, make sure you complete a workplace injury report and provide as much detail as possible.
What if your employer refuses or delays treatment, or insists on not filing a report?
If you find yourself in this situation, you may want to consult a local North Central Florida workers’ compensation attorney. Your employer may be intentionally delaying action in hopes you drop your claim. At Avera & Smith, we offer workers’ compensation clients free consultations to review your claim and inform you of your legal rights.
3. Gather evidence and document everything.
Detailed documentation is essential for a successful workers’ compensation claim. Maintaining thorough records of the incident and your injury will help substantiate your claim and protect your rights if there are any disputes. Your records should include the following:
- Date, time, and location of the injury
- Circumstances surrounding the incident
- Witnesses to the incident
- Medical visits and treatments
- Communications with your employer and insurance company
4. File a workers’ compensation claim.
After you’ve reported your work-related injury to your employer and your employer notifies the insurance company, the insurance company will take over the claims process. Here’s what you can expect:
- Claim information packet: Upon receipt of the First Report of Injury or Illness from your employer, the insurance carrier should send you a claim information packet. This packet will include adjuster contact information, information on your rights and benefits, the return-to-work process, and a copy of the accident report.
- Claim investigation: As previously stated, the insurance company will conduct an investigation of the incident. Every insurance company is different, but generally, the investigation will ask for information regarding the following:
- Employee information
- Employee job information
- Employer information
- Injury information
- Medical care information
- Work information
It’s important to know that you don’t have to directly prove you sustained your injuries on the job. However, you will need to prove that your work significantly contributed to your injuries or illness. For example, some people develop severe arthritis by repeating the same motions over time. You might struggle to prove one incident caused your arthritis. However, you can show how the problems began while working and progressively got worse.
5. Follow-up on claim status.
Maintain open communication with your employer and the insurance company. Notify them of any changes or updates to your medical status and follow all recommended treatment and rehabilitation plans. Failure to comply with medical recommendations can affect your benefits.
6. Receive an acceptance or denial of your workers’ compensation claim.
If your workers’ compensation claim is accepted, you should receive payment within 21 days of your reported injury. Typically, these repayment checks will be sent to you every two weeks.
However, if you do not hear from your employer or the insurance company within 21 days or your claim is disputed or denied, you may have to take additional steps to resolve the issue. A workers’ compensation claim can be denied for several reasons:
- Missing deadlines for filing various forms;
- Disputes over whether the injury or illness was actually work-related;
- Claiming a condition that does not meet Florida guidelines for receiving workers’ compensation;
- Discrepancies between your accident report and your medical records;
- Failing to seek immediate medical attention.
7. Hire an experienced worker’s compensation attorney.
If your worker’s compensation claim is denied, disputed, or delayed, contact a workers’ compensation attorney right away. An experienced workers’ compensation attorney will be able to review your claim and help you prove that your injuries or illness occurred while on the job. They will also protect your rights and negotiate with the insurance companies to ensure you receive the benefits you deserve.
When searching for a Florida workers’ compensation attorney to represent you, look for these key attributes:
- Board certification – Less than 1% of attorneys in Florida are board certified in workers’ compensation. At Avera & Smith, partner Lance Avera is board certified in workers’ compensation law, which signifies his immense experience, expertise, and success at appealing denied or disputed claims.
- Specialization – In Florida, many personal injury firms claim they handle workers’ compensation claims; however, it’s important to find a firm with a dedicated workers’ compensation department. At Avera & Smith, we have a full-service workers’ compensation department with a legal team committed to helping you file and appeal all types of workers’ compensation claims.
- Experience – Find a workers’ compensation lawyer with experience that is relevant to your case. Their prior experience can strengthen your lawsuit. They can use what they’ve learned over the years when building your case. At Avera & Smith, we have over 70 years of experience representing injured clients throughout Florida. We are one of the oldest law firms in the state, and our results and reputation speak for themselves.
Understanding the 7 steps to take after a workplace injury
Understanding these 7 critical steps to take after a workplace injury can significantly influence the outcome of your workers’ compensation claim. At Avera & Smith, we are dedicated to helping injured workers navigate the complexities of Florida’s workers’ compensation system. If you need assistance or have questions about your claim, contact us for a free consultation. We are here to support you every step of the way.
Need help filing or appealing a worker’s compensation claim in Florida?
Contact Avera & Smith immediately at 352-707-2454 for a free consultation.
If you are injured while on the job in Gainesville, Ocala, Lake City, The Villages, or Jacksonville, contact the experienced workers’ compensation attorneys at Avera & Smith. Free of charge, we will set up an in-person or over-the-phone consultation to help you understand your rights and legal options. We specialize in appealing denied, disputed or delayed workers’ compensation claims. You don’t have to navigate the system alone. We are here to help you get the benefits you deserve.