What To Know About Filing A Workplace Injury Claim
Workplace injuries happen all the time, but many people do not understand how the system works when it comes to filing a workers’ compensation claim for benefits. At Earnhart Law, our experienced Delray Beach attorneys are prepared to assist you at every step of the process. To learn more about the wide range of legal services offered to our workplace injury clients, call or contact our office today.
What Injuries Qualify?
Most employers in Florida have workers’ compensation coverage, either through purchasing a workers’ compensation policy or by self-certifying for the coverage. Workplace injuries are considered no-fault, meaning that the injured person does not need to prove that someone else is at fault for the harm caused in order to file a claim and collect benefits. In exchange, the worker gives up the right to sue their employer for compensation. So long as the injuries occurred at work or in the scope of employment they qualify for a workplace injury claim.
When Must I File?
The first step in filing a workplace injury claim is notifying the employer of the injuries. This must happen within thirty days of the accident or within thirty days of the discovery of the injury or illness if it developed slowly over time. Failure to notify can result in a loss of benefits for workers. Once the employer is notified, they are mandated to report the claim to the insurance company within seven days. In the interim, the employee injured on the job must report to an occupational doctor for diagnosis and treatment of the workplace injury.
What Benefits are Available?
Once a workplace injury claim is filed, an employee is entitled to a number of different benefits under the law. The first is coverage of medical expenses related to the accident and injury. Temporary partial, temporary total, permanent partial, and permanent total disability benefits are also available depending on the extent of the injuries, the length of recovery, and the extent of lasting damage caused by the accident. In the worst cases, where a worker dies as a result of their workplace injuries, the family of the victim is also entitled to death benefits under the law.
What if My Claim is Denied?
Unfortunately, many insurance companies will deny the initial claim for a workplace injury. If this does occur, it is important that you speak with an experienced workers’ compensation attorney immediately about the case. The injured worker must file an appeal of the denial and additional paperwork with the Florida Division of Workers’ Compensation. A qualified lawyer can handle this aspect of the case on a worker’s behalf so that they can continue to focus on their recovery.
Call or Contact Us Today
Do you have more questions or concerns about filing a claim for workers’ compensation in the Delray Beach area? If so, the knowledgeable Delray Beach personal injury lawyers at Earnhart Law are here to help. Call the office or contact us today to schedule a free consultation of your case now.