Properly completing the claim paperwork is very important. The insurance carrier will look over every aspect of your claim to look for ways to limit or dispute your entitlement to workers’ compensation benefits. Every piece of information supplied on the claim form is subject to question and admissible in dispute proceedings. If you have any questions whatsoever about how to complete these documents, call an experienced workers’ comp lawyer
The Injured Worker’s Responsibility
After a work-related injury or illness (and in addition to the employee’s duty to report the injury or illness to the employer within 30 days) the employee has a duty to file a claim.
The employee must file this claim within one year of the injury, or within one year of knowing or should have known, that the illness was work-related. Even if the employer notifies the insurance carrier of the injury, and even if the workers’ comp insurance carrier has started paying for medical care or income benefits, this does not remove the employee’s duty to file a claim with the state within a year.
Failing to file a claim within one year almost always results in the injured (or ill) employee losing any eligibility to receive medical care or income benefits for their work-related injury or illness.
HOW TO FILE A WORKER’S COMPENSATION CLAIM IN FLORIDA
If you believe you have a worker’s comp claim, here are the steps you should take:
STEP 1: WRITE DOWN OR RECORD THE DETAILS – Write down or record the details of the incident or circumstance so the facts are clear in your mind and go to the state website: https://www.myfloridacfo.com/division/wc/employee/reportaclaim.htm
STEP 2: TAKE PHOTOS – If you are involved in an accident, such as a work-related car accident, take pictures (if possible) to gather detailed information about the accident.
STEP 3: GET NAMES OF WITNESSES – Be sure to request the names and contact information of anyone who witnessed the accident in which you were injured, particularly if you were injured while on the job, but outside your typical work environment.
STEP 4: GET MEDICAL TREATMENT – In case of an emergency, get medical treatment right away. Otherwise, wait until you have reported the injury/illness to your employer — you will need to see an insurance-authorized physician.
STEP 5: DESCRIBE YOUR SYMPTOMS IN DETAIL – When you do see a doctor, be thorough in your description of your symptoms as well as what you believe to be the cause of the problem(s). Make sure your doctor takes notes about your injury and your visit.
STEP 6: REPORT INJURY OR SYMPTOMS – Report your injury or symptoms to your employer, even if you have not taken any time off of work. You must report the issue to your employer within 30 days of your injury or the date your doctor tells you that you have a work-related condition.
STEP 7: REPORT YOURSELF – If your employer does not report the injury, you can report it yourself to the insurer using the form.
STEP 8: FOLLOW UP – Follow up with the insurance company to ensure your claim was reported. The employer should provide you with a “First Report of Injury or Illness” form to fill out and sign. Your employer should submit it to the insurance carrier within seven days.
Need Workman’s Compensation Help?
Workers’ Compensation laws are complex and impact many areas of an injured workers’ life and future. The insurance carrier has one goal: to limit or dispute your medical care and your entitlement to income benefits.
Call 407-649-7746 and talk to our hard-working, experienced workers’ comp lawyers. You owe it to yourself to talk to an attorney who can help you understand your rights, responsibilities and options in this difficult time of your life. The call is free, there is no obligation, and all conversations are kept strictly confidential.