How Long Do I Have to File a Workers’ Compensation Claim in Florida?
Personal Injury Attorney Helping Victims with Worker’s Comp Claims in Flordia
The process of filing a workers’ compensation claim in Florida is much more complicated than you might realize.
Not only do you have a limited amount of time to file, but you must follow specific steps within a certain timeframe to ensure you receive compensation.
Therefore, it is best that you consult with a Florida workers’ compensation attorney; instead of attempting to file by yourself. An attorney can walk you through the process of filing for workers’ compensation benefits, but also help negotiate with insurance companies to ensure you receive the benefits you are entitled to.
Essential Steps to Filing a Workers’ Compensation Claim in Florida – and Timeframes for Each
You have several steps for a workers’ compensation claim to complete. Each has their respective deadline. Therefore, missing a deadline on what seems like a tedious task might result in you becoming ineligible for compensation.
Notification to Employer or Supervisor
You are required to notify your supervisor or employer of your work-related injury or illness as quickly as possible. The law requires that you notify them within 30 days of the accident or first signs of your work-related illness.
However, you should notify them much sooner than that to avoid any issues. Provide your employer with evidence from a treating physician to prove that your injury or illness is work-related too. Statements from a medical doctor carry more weight than the opinion of the worker alone.
Seek Medical Treatment and Do Not Delay
While the law does not have a specific time limit on medical treatment, you should see a doctor immediately after a work-related accident or the first signs of an illness. The longer you wait, the more the insurer will argue that your injury or illness is not severe enough to affect your work or require medical care.
Furthermore, you have an obligation to do as much as you can to limit the damages, including receive adequate care, follow up with physicians, and follow all treatments provided to you by the doctor overseeing your injury case.
Submit Your Claim to Receive Workers’ Compensation
With the help of a Florida workers’ compensation advocate, you file your claim with the Florida Division of Workers’ Compensation. Typically, you submit this as soon as possible, but the law gives you up to two years maximum after your injury or illness and/or one year from the date of your last authorized medical care. If you file after this period of time, you cannot receive income replacement or medical care benefits, and your claim may be denied.
Hire a Florida Workers’ Compensation Attorney for Your Injury Claim
Filing a workers’ compensation claim after a serious injury is the last thing you need to worry about. Instead, you should focus on recovery and getting back to work as quickly as possible.
For assistance with your claim, speak with a workers’ compensation advocate from The Law Offices of David M. Benenfeld P.A.
We are here to protect your right to compensation after a work accident that takes you away from your job. You deserve payment for your medical care and lost wages, and we aggressively fight to protect that right, as well as to help you get a lump sum settlement.