What happens if you get hurt while working at an oil rig or while driving for a trucking company in Florida? Well, you’ll probably have to deal with insurance companies and numerous employers as you attempt to navigate Florida’s complex workers compensation system.
Unfortunately, as you may come to realize, this system may not always be keen to compensate you. No matter what, the most important step in the workers comp process is reporting a work injury.
Falling ill or getting injured in your line of work is sad and unfortunate, but work-related injuries occur more often than most people think. A study by the U.S. Bureau of Labor Statistics showed that there were more than 300 fatal work injuries in Florida in 2021 alone.
However, securing compensation is not always easy as there are a number of requirements you need to meet such as reporting a work injury properly to make sure you receive the correct reimbursement.
If you need assistance reporting a work injury, a workers compensation lawyer can help.
The highly-trained Jacksonville workers compensation attorneys at Florida Lawyers 360 are familiar with the challenges injured workers face. We will assist you to report your job-related injury properly, which will greatly improve your chances of securing compensation.
Safeguard your rights! Contact us at 954-448-7355 for a 100% free consultation.
How Long Do I Have When Reporting a Work Injury in Florida?
After being injured while working, you may feel confused and not sure of what to do. It is important to know how the workers compensation system works in order to figure out your next steps.
There are a couple of questions you need to ask such as, ‘How long after a work-related accident do I have to report my injury?’ and ‘What type of injuries are covered?’
Most Florida companies are required to have a workers compensation policy, and you may qualify for workers compensation if:
- You suffered an illness or got hurt due to work-related duties.
- Your employer has workers compensation coverage, and
- You are an employee (not an independent contractor).
While you may qualify for workers compensation after a work-related injury, securing compensation is more challenging that you may assume.
To get compensation, you must meet certain requirements, including properly reporting a work injury to your employer within the stipulated deadlines.
Reporting a work injury is the first step in filing your workers compensation claim.
According to the Florida Statutes Section 440.185, immediately after a job-related accident that result in illness or injury, you are required to report within 30 days or an employer/insurance company may deny your claim.
If you suffer an illness or condition that develops over time, you must report the condition or illness within 30 days of going on sick leave because of the illness or condition, or within 30 days of discovering its connection to your work or occupation.
Who Do I Have To Report a Workplace Injury To?
Whether you suffer an injury on the job or get involved in an accident while working, reporting a work injury to your supervisor or employer as soon as possible is critical.
State laws require that injured workers report an injury or their awareness of a job-related injury no more than 30 days of their knowledge of the same or within 30 days of a medical professional determining that the injury are occupation related.
You need to provide as much information as possible when your report a job-related injury to your employer. You need to state:
- The symptoms you are experiencing in case of an illness
- How you got hurt
- When the accident took place
- Where the accident occurred
While you can inform your employer directly of your injury, it’s best to put it in writing. If you are not able to do so, our Jacksonville workers comp lawyers recommend you send an email to prove that you reported your injury to your manager or employer.
Remember to take note of the manager or supervisor that your reported your injury to as well as the date and time you made the report.
Next, you must ask them what work-related physician to see. In Florida, employers are allowed to select an injured employee’s doctor or physician unless the injured worker requires emergency treatment.
What Are My Responsibility After a Work Injury?
Currently, there are strict laws that govern how workers in Florida can file for compensation claims, and you must follow these regulations to the letter if you want to be successfully reimbursed.
The Florida Department of Financial Services states the responsibilities of an injured employee.
Below are the responsibilities and duties of an employee who has been injured on the job:
- Inform your employer (in writing or verbally) that you have been injured on the job within 30 days from the date of the accident or the discovery of the illness or condition.
- Request your employer to seek treatment or medical attention. You must see a doctor who is approved by your workers comp policy or employer.
- If it’s an emergency, and your employer is not able to provide an approved physician, visit the nearest hospital and inform your employer as soon as possible regarding the accident and/or injuries.
When you see the physician:
- Provide them with a detailed description of the accident and any injuries you sustained.
- Answer all questions the physician asks you regarding current or past conditions or injuries.
- Get confirmation from the treating doctor that your illness or injuries are indeed work-related.
- If your injury is work-related, find out if you are fit to resume your work duties or not.
- If you are cleared to resume your work duties, make sure you get specific instruction from your treating doctor on what duties you can and cannot perform.
After seeing the physician:
- Talk to your employer and inform them what duties the physician said you can and cannot perform.
- If you are admitted to a hospital, contact your employer and inform them about what transpired and which facility you are currently at.
- Give your employer any doctor’s notes they may require to understand your situation.
- Ask your employer whether or not they have any roles or duties for you that do not require you to do things that the doctor said you are not allowed to do yet.
- Contact the insurance company and tell them what the doctor said about your injuries, job status, and whether your employer has any duties or roles available for you.
- Stay in touch with the insurance company and your employer throughout your treatment and recovery.
What Are My Employer’s Responsibilities After a Work Injury?
Your employer has certain obligations when you suffer an injury while on the job. These include:
- Your employer must contact their workers comp insurance company and inform them of your injury within 7 days of being notified of your injury.
- Your employer must post the “Anti Fraud Poster” and “Broke Arms Poster” in a visible location showing the contact information of the insurance company and clear instructions on how employees can report a job-related injury.
If your employer does not inform the insurance company about your work-related illness or injury, or fails to provide you with the contact information of the workers comp insurance company, talk to a Jacksonville workers compensation attorney to seek legal help.
This may include contacting the Employee Assistance and Ombudsman Office for help.
- Your employer is required to give you a copy of the injury report (form DFS-F2-DWC-1).
- Your employer is required to provide the insurance company with your remuneration report within 14 days of being notified of your illness or injury that may require you to miss work for more than 7 days or involve permanent injury.
If you are cleared to resume work with certain restrictions, your employer should:
- Get the doctor’s list of restrictions and work with you to see what types of duties are available for you to do.
- Inform the insurance company when you will return to work and whether you will be getting the same wage as before, and send the adjusted earning information weekly or bi-weekly to determine if you have any outstanding benefits.
- Inform the insurance company if you are not fit to resume work due to doctor’s restrictions or lack of appropriate duties.
Is your employer neglecting their duties after you suffered a workplace injury? Or does your employer not have a proper workers compensation policy as required by state laws.
Speak to the experienced Jacksonville workers compensation lawyers from Florida Lawyers 360. We can assist you to file a compensation claim against your employer to compel them to give you workers comp benefits under Florida’s workers compensation law or seek legal help in court.
Contact Us Today When Reporting a Work Injury in Jacksonville FL
Reporting a work injury within the stipulated deadlines is critical. Failure to report your injuries on time can greatly reduce your chances of getting compensation for your work-related injury or illness.
With offices in Jacksonville FL, our workers compensation attorneys are ready and willing to protect the welfare and interests of injured employees in Florida. The team at Florida Lawyers 360 knows all the tricks that insurance companies use to deny workers their rightful compensation.
If you have any questions regarding a job-related injury and how to file a claim, please contact us as soon as possible. Put our exceptional legal skills, knowledge and experience to work for you. Call us at 954-448-7355 for a free consultation!
