Accidents are unfortunate occurrences, and sometimes they happen at our workplaces. While some accidents occur due to the negligence of an employee, workers’ compensation laws ensure that workers who get injured while on the job are compensated.
Through this statutory system, employees can receive benefits if they are injured while on the clock, and employers are protected from litigious employees. Properly reporting a work injury in The Villages, FL is the very first step an injured employee should take to ensure that they are properly compensated for their injuries.
Workers’ compensation is a “no-fault” system, meaning that you can still get benefits even if you were negligent and contributed to your own injury. Under Section 440.02(17) of the Florida Statutes, construction employers with 1 or more workers, including non-exempt business owners, are required to carry workers’ compensation insurance.
Other employers that are required to carry this form of insurance include non-construction employers with 4 or more workers including non-exempt employees and agricultural employers with 6 regular workers or 12 seasonal workers who report to work more than 30 days in the course of a season but no more than 45 days in a calendar year.
Regardless of the benefits of workers’ compensation, your claim process may not always be straightforward. If your employer suspects that your injury wasn’t work-related, they might deny your claim. Denial of claim is also possible if you fail to report your injury or file the claim within the required time limit.
If you have been injured while on your job, talking to one of our workers’ compensation lawyers at the Florida Workers Compensation Lawyer Coalition will help understand your rights and benefits and avoid denial of claim. Call us today at (954) 448-7355 to schedule a free consultation.
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How Long Do I Have in Reporting a Workplace Injury in The Villages, Florida?
It is the employee’s responsibility to report their workplace injury to their employer if they are to receive any benefits. It is advisable that you notify your employer of your injury as soon as it becomes apparent that you have been injured.
Under the workers’ compensation laws of Florida, an employee is supposed to report their injury no later than 30 days from the date of the injury or accident. Failure to report their injury in a timely manner, an employee may forfeit eligibility for indemnity or medical benefits.
Who Do I Have to Report a Workplace Injury To?
Generally, you are required to begin reporting a work injury in The Villages to your employer. However, there are various other people to whom you can report to if you can’t get to your employer. You can inform your foreman, supervisor, or any senior official in the Human Resource Department of your workplace injury to ensure that you are eligible for medical benefits.
Employer Responsibilities After a Workplace Injury
Some of the responsibilities for employers after a workplace injury include:
- File the DWC-1 First Report of Injury. Once the employee reports their injury, the employer should file this report with their insurance carrier within 7 days of their first knowledge of the injury.
- Investigate your employee’s injury to find out if it was work-related and clear any suspicions of fraud.
- Ensure the carrier sends the employee a notice of their rights and responsibilities. The employer’s insurance carrier is responsible for sending a notice containing the responsibilities and rights of the injured employee. This notice also comes with a Fraud Statement which the injured worker must sign and return to the insurer before any benefits can be paid. It is the employer’s responsibility to ensure that this notice reaches their employee.
- Recommend a doctor from whom to seek medical treatment. The employer should provide the injured employee with a list of panel doctors from whom they can seek medical treatment.
- Offer return-to-work options to the injured employee. The most common option is offering the injured employee light-duty work to ensure that they recover while earning.
Employee Responsibility After Reporting a Work Injury in The Villages?
As an employee, here are some of the things you are expected to do after suffering a workplace injury:
- Report your injury to your employer. You are supposed to inform your employer of your workplace injury not later than 30 days from the date of injury.
- Seek medical treatment from the recommended doctor. It is your responsibility to choose a doctor from the list of panel doctors and seek medical treatment.
- Settle on one of the return-to-work options offered by the employer, which will most likely be light-duty work.
- Seek the legal counsel of a workers’ compensation lawyer.
- Submit to a drug test. If your employer requests that you take a drug test, it is essential that you submit to one. By law, refusal to take a drug test is presumed to be a positive test result, and you may forfeit eligibility for indemnity and medical benefits.
- Keep your employer informed. Be sure to keep your employer up-to-date with any doctor’s recommendations like taking time off work for proper arrangements regarding your temporal replacement at work.
Call Us Today When Reporting a Work Injury in The Villages, Florida
Workers’ compensation claims aren’t always straightforward, and getting in touch with a workers’ compensation lawyer in The Villages, Florida, ensures that you go through a seamless claim process. Reach out to us to get more information about your rights and responsibilities if you have been injured while on the job.
Workers who get injured while on the clock don’t have to sue their employers to receive their medical or indemnity benefits. Under the workers’ comp laws of Florida, various types of employers are required to carry workers’ compensation insurance to ensure that their workers are covered in the event of a workplace injury or occupational disease.
Whenever a workplace accident occurs, an employee may not always take the right steps and may lose their benefits. Talking to a workers’ comp lawyer helps you understand your responsibilities, follow the due process of reporting your injury, and filing your claim. This ensures that you are eligible for the workers’ comp benefits and minimizes the chances of denial of claim.
At the Florida Workers Compensation Lawyer Coalition, our workers’ comp attorneys have handled many workers’ compensation cases in the past and can guide you throughout the process of reporting your injury to your employer to ensure that you’re eligible for your benefits. If you have been injured in your workplace or while on the clock, call us at [today] for legal guidance on how to report your injury to avoid a denial of claim.