How To File a Fort Lauderdale Workers’ Compensation Claim and Common Challenges in Getting Benefits
On-the-job accidents in Fort Lauderdale can cause serious injuries that affect every part of your life. Florida workers’ compensation benefits provide a safety net, offsetting medical expenses, lost income, and other costs.
Unfortunately, the application process can be overwhelming, particularly when you’re in pain. Our Fort Lauderdale workers’ compensation lawyer explains what you need to know about filing a claim and common challenges that can jeopardize your rights to benefits.
Reporting Your Injury and Starting the Florida Workers’ Compensation Claims Process
According to the state Department of Health, nearly 200,000 Florida workers suffer on-the-job injuries each year. They are common in the transportation, tourism, construction, and healthcare industries, but can happen on any job site. Workers’ compensation benefits can help cover your losses.
Under Section 440.185 of the Florida Statutes, injured workers must report on-the-job injuries to their employer within 30 days, but we recommend doing so immediately. Inform your shift leader, supervisor, onsite security, or other authority, and make sure they complete an incident report. To begin the claims process, follow these steps.
- Provide formal written notice to your employer. Putting it in writing helps document your claim.
- Complete a workers’ compensation injury claim form. If your employer fails to provide one, you can obtain it through the Florida Workers’ Compensation website.
- Keep copies of all relevant documents. These include your incident report, claim form, and all medical records.
- If you do not hear from the insurer within a few days, follow up with them and your employer.
Insurers have 14 days to approve or deny workers’ compensation claims in South Florida, and they can request an additional 120 days to investigate. If approved, benefits are retroactive, and your first payment for lost income should arrive within three weeks. In addition to your regular medical visits, an Independent Medical Examination (IME) may be required.
Common Challenges When Filing For Workers’ Compensation Benefits In South Florida
Workers’ compensation benefits in Fort Lauderdale provide a safety net for injured workers, but getting your claim approved is rarely easy. Common challenges include:
- Your employer “forgets” to file your claim.
- The insurer either denies your claim or doesn’t respond.
- You are approved for benefits, but have late or missing wage replacement checks.
- Your employer or insurer downplays the severity of your injuries and pressures you to return to work.
If you’re injured and having problems getting benefits, contact our experienced Fort Lauderdale workers’ compensation lawyer. We can help you overcome any challenges and fight to get the total benefits you are entitled to in a claim.
Consult Our Experienced Fort Lauderdale Workers’ Compensation Lawyer
When on-the-job injuries in South Florida happen, workers’ compensation helps cover your losses, but getting these benefits is often challenging.
The Law Offices of David M. Benenfeld, P.A., has over 30 years of experience helping injured workers get the total amount they are entitled to in a claim. With offices in Sunrise, Fort Lauderdale, and West Palm Beach, contact our Fort Lauderdale workers’ compensation lawyer to schedule a consultation today.
Sources:
floridahealth.gov/environmental-health/occupational-health-surveillance/_documents/program-intro-factsheet.pdf
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.185.html
myfloridacfo.com/division/wc/forms