How Much Time Do I Have To Get Workers’ Compensation Benefits?

After a workplace injury in Pompano Beach or elsewhere in South Florida, it can be difficult to focus on the paperwork necessary to seek workers’ compensation benefits and the timetable requirements for getting your claim filed within a specific period of time. Yet timing requirements are extremely important since they can affect your case and your ability to obtain workers’ compensation coverage. When you are asking how much time you have to get workers’ compensation benefits, it is important to know that there are multiple answers to that question because Florida law has more than one timing requirement. To be clear, there are time limits and timing requirements for initially reporting your injury or illness to your employer and for filing, as well as other important timetables to consider. Our Pompano Beach workers’ compensation lawyers can provide you with more information.

You Have 30 Days to Report Your Injury or Illness to Your Employer 

Under Florida law, an injured employee or an employee diagnosed with a disease arising out of their employment has 30 days from the date of the injury or the diagnosis to report the injury or illness to their employer. Ideally, you should make this report as soon as possible and should not wait until the 30-day mark is near, but you do have 30 days to report. There are only some exceptions, and you should assume that you need to report your injury or illness within that 30-day time window. If you have missed the deadline, you should talk to a lawyer as soon as possible about whether your situation might be one of the exceptions listed in the Florida Statutes.

You Will Usually Have to Wait 21 Days from Reporting Your Injury Before You Receive a Check 

Most employees who are injured on the job will get their first workers’ compensation check within 21 days from the date that they reported the injury. Given that the first check is tied to making a report, this is more reason to report the injury or illness to your employer as soon as possible.

You Have 2 Years (Usually) to File a Petition for Benefits If Your Claim Was Denied 

Under Florida law, most injured employees will have two years to file a Petition for Benefits if their claim was denied, but that time limit can depend on the “type of issue in dispute,” according to the Florida workers’ compensation system.

Your Claim Will Be Closed 1 Year From Your Last Medical Treatment or Payment 

For injuries occurring in 1994 or later, you should know that your claim will be closed one year from the date that your injury or illness was last treated, or the date of your last payment. The general statute of limitations for initiating a claim is two years from the date of your initial injury.

Contact a Pompano Beach Workers’ Compensation Attorney 

Whether you have questions about the timing of your workers’ compensation claim or you need help with your case after missing a deadline, an attorney at our firm is here to assist you. An experienced Pompano Beach workers’ compensation lawyer at the Law Offices of David M. Benenfeld, P.A. can assess your circumstances today and can provide you with more information about your options for obtaining workers’ compensation benefits. Do not hesitate to get in touch with us for assistance.

Sources:

myfloridacfo.com/division/wc/

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440.html