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Documenting A Worker’s Comp Injury In Florida
To help you recover compensation from your employer or the workers’ comp injury, we must have evidence and documentation. Florida has strict rules regarding workers’ compensation cases and to ensure we comply with these rules while providing a high level of legal services, you must play your role.
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The Employee’s Obligation for Reporting a Work-Related Injury
After suffering an injury at work, it is your responsibility to report it to your employer right away. We recommend submitting this report in writing, even if you have already given it verbally. We have also found following up with an email to document you have reported the incident to your supervisor or manager is a good idea. This is especially true if you aren’t allowed to fill out an injury notice or another form that reports the incident.
When filing this report with your employer, make sure to note the name of the supervisor or manager you give it to, as this is a crucial element for your case, along with the day of the report and the day the injury occurred.
According to Florida law, you have 30 days to report the accident after it occurs. If you receive a diagnosis from a doctor of a work-related injury, you have 30 days from receiving the doctor’s diagnosis to report the information to your employer.
If you fail to report your work injury or your work-related illness within that 30-dy period, you may be denied your rights to workers’ compensation benefits. This is one of the main reasons we encourage you to call for our legal services and guidance right after the injury occurs – we can help important deadlines like this aren’t missed. We can also help in creating and filing the work injury report.
If your employer fails to cooperate and repot the work-caused injury to the insurance carrier, search for the “broken arm” poster that should be in the workplace. This will have the information for the employer’s insurance carrier. At this point, you can report the injury yourself or you can contact us to handle this for you.
After gathering your employer’s insurance information, along with accident details, our team at Felice Trial Attorneys can provide assistance. We even offer a free initial consultation to help determine who you should report the incident too, and to help if your employer is not being helpful in reporting the incident.
Common Injuries Sustained in Workplace Accidents
Following is a list of some common injuries that are sustained in a workplace setting.
Falls: Slips, trips, and falls are a leading cause of workplace injuries, resulting in fractures, sprains, and head injuries.
Strains and Sprains: Overexertion, lifting heavy objects, or repetitive motions can lead to muscle strains, sprains, and back injuries.
Cuts and Lacerations: Working with sharp tools, machinery, or broken equipment can cause cuts and lacerations.
Burns: Exposure to heat, chemicals, or electrical hazards can result in burns of varying degrees.
Head and Brain Injuries: Impact from falling objects, collisions, or accidents can cause head trauma, concussions, or more severe brain injuries.
Respiratory Issues: Inhaling hazardous substances, dust, or fumes can lead to respiratory problems, including asthma or occupational lung diseases.
Fractures and Broken Bones: Accidents involving heavy machinery, falls, or impacts can cause fractures and broken bones.
Electrical Shocks: Contact with live wires or faulty electrical equipment can result in electric shocks and serious injuries.
Eye Injuries: Working with hazardous materials, chemicals, or particles without proper eye protection can lead to eye injuries or vision loss.Repetitive Strain Injuries: Continuous repetitive motions, such as typing or assembly line work, can cause conditions like carpal tunnel syndrome.Contact us Today
You are not the only one that has a responsibility to report the injury or illness you have suffered. Your employer also has an obligation to report the injury to the company’s insurance carrier. This obligation is typically based on the severity of the injury. There are several injury classifications, which are explained here.
If only “first aid” is needed, there’s no need to report the incident. While this is true, these cases still require that specific information and records are kept by your employer about the accident according to [Fla. Admin Code R. 69L-3.002(13)(1/10/2005)]. A first aid situation is one that is treated on-site and that doesn’t require any paid medical treatment. This type of injury doesn’t disable you for more than a single shift. The records your employer is required to keep in this situation include:
- The injured party’s name
- ID number of Social Security Number
- Time and date the injury or accident occurred
- The employee’s occupation
- Who created the report
- Cause of the accident
- Injury description
- Accident location (if not the employer’s address)
Medical Only Claim
One of the most commonly filed types of claims your employer is responsible for reporting is called a “Medical Only Claim.”
With this situation, employers are required to report the injury to their workers’ comp insurance carrier within a period of seven days after they gain knowledge of the injury. A Medical Only Claim is one when an injured worker requires medical treatment because of the accident, but they don’t lose over seven days of work due to it.
If your employer delays the reporting of a Medical Only Claim, they may be fined between $100 and $500 for late reporting.
Lost Time Claim
Claims turn into a Lost Time Claim if the injury causes the employee to lose over seven days from work. After the employer begins the reporting process, they must also file a 13-week wage statement within a period of 14 days after they gain knowledge of the injury or accident. This helps in establishing the proper Average Weekly Wage – AWW – and the compensation rate for an injured employee.
Reporting work-related deaths uses a different timeline for reporting. If the injury caused at work results in death, the employer must first notify the Division of Workers’ Compensation within a period of 24 hours by phone or another immediate method. It’s also necessary for the insurance carrier to receive notice of the work-related death within seven days.
Frequently Asked Questions
If you are injured on the job, you should immediately report the injury to your employer and seek medical treatment. You should also file a claim for workers’ compensation benefits as soon as possible.
No, it is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim. If you believe that you have been retaliated against, you should speak to an attorney immediately.
In most cases, you cannot sue your employer for a workplace injury. Workers’ compensation is the exclusive remedy for workplace injuries in Florida. However, there may be circumstances where you can file a lawsuit against a third party who is responsible for your injury.
In Florida, most employers are required to provide workers’ compensation coverage for their employees. This includes both full-time and part-time employees, as well as temporary and seasonal workers.
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I’m extremely thankful that Timothy Felice took my case. He worked tirelessly to make sure I received the best of care. I felt confident in his ability to handle the obstacles that came my way. With each difficulty, Tim always found a way to resolve the issues, to my benefit. I’m so grateful, to have met and worked with Tim, his love for the work that he does, is demonstrated in his ability to handle even the most challenging of cases. If you’re looking for an attorney who really cares and will invest his time and is exceptional in their field, then Timothy Felice is the one you should have on your side. I will be forever grateful for what he did for me and my family and If I ever need representation, he will be the only I could trust.
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