What to Know About Filing a Workmans’ Comp Claim

Injuries in the workplace are a far too common occurrence. That’s why so many employers have workers’ compensation insurance. In fact, for almost every industry, companies with four or more full-time or part-time employees are required by law to carry workers’ comp insurance. The laws are even stricter for the construction industry with companies of just one or more employees required to carry it. If you are hurt on the job, you could receive benefits to help you recover and get back to work.

How the Law Defines Work-Related Injuries and Illnesses

You might ask yourself, “Is my injury work-related? And if so, should I file a claim?” Well, here’s how the law classifies work-related injuries: If you suffered a personal injury while conducting business for your employer, whether it was in the workplace, while operating a company-owned vehicle or in locations off-site, that is considered a work-related injury. If that situation applies to your case, you are well within your rights to file. Here are a few examples of on the job incidents that could justify filing a workmans’ comp claim:

• Car and Truck Accidents
• Railroad Accidents
• Maritime Accidents
• Asbestos Exposure
• Burns
• Repetitive Stress Injuries
• Slips and Falls
• Occupational Illnesses or Diseases

Important Considerations When Filing a Workers’ Comp Claim

It’s always a good idea to get in touch with a workers’ comp attorney first, but you’ll also need to take the following steps.

Report Injury Immediately

If you’re hurt or become ill when on the job, you should immediately contact your supervisor. Time is of the essence. You only have 30 days from the date of the accident or 30 days from when your doctor makes their determination that your suffering is from a work-related incident. Failure to report on time could result in a denial of your employee’s workers’ comp claim. So don’t delay.

Contact Employer’s Insurance Company

While the employer must contact their insurance company within 7 days after you report the incident, you can also reach out to the insurance company yourself. Every employer should have workers’ compensation information posted within the workplace. Contact the insurance carrier and report the claim. An insurance adjuster should call you within 24 hours to talk about what rights you have and what your obligations are.

See the Insurance Company’s Doctor

Your employer’s insurance company will send you to a doctor they authorize. After the exam, the doctor will make a diagnosis and let you know if you can return to work. You should also let the employer and their insurance company know about the diagnosis and next steps determined by the doctor.

Benefits Denied

While some employees injured on the job will receive some benefits, a good amount are denied. While there is an appeals process, it’s best to talk to a lawyer. Again, speaking with an attorney before filing a workmans’ comp claim can be extremely advantageous.

Hire the Right Workers’ Comp Attorney

Having a highly skilled, experienced attorney on your side gives you the best chance to win your workers’ comp case and receive the monetary compensation you deserve. In the state of Florida, you should consider hiring a lawyer who is board-certified in workers’ comp to handle your case. Less than 1% of all Florida attorneys have this distinction.

Avera & Smith Offers Assistance With Filing a Workmans’ Comp Claim

If you have suffered an injury or illness while on the job, talk with Lance Avera at Gainesville, FL law firm, Avera & Smith. Lance is board-certified in workers’ compensation and can advise you on your case. Contact us at 800-654-4659 to schedule your free consultation today.