Understanding Deadlines When Filing for a Workers’ Compensation Claim

Deadlines are a crucial component of any legal matter. Adherence to the deadlines in place will help improve your chances of securing adequate compensation for your injuries and workers’ compensation case. 

A work-related injury is not something that you want to ignore or postpone. Injuries are likely to require medical treatment and should be reported to your employer in a timely manner. Severity is varied among workplace injuries, especially depending on the related industry. Depending on your employer, you may have specific rules or guidelines to follow when it comes to worker compensation. 

Workers’ Compensation and Employers

In the State of Florida, it is required by law that most employers carry Workers’ Compensation insurance that will cover work-related injuries incurred by employees regardless of fault. Insurance providers and types of coverage do vary, so it is important to understand the specific Workers’ Compensation plan at your place of employment. 

Depending on the company, your employer may have deadlines of their own that could cause issues when it comes to seeking compensation.

Employers and Required Workers’ Compensation Coverage

Required to have coverage:

• Any employer of any industry with more than four employees, including both full time and part time (other than the construction industry)
• In the construction industry, any employer with more than one employee
• Any state or local government agency
• A farmer with more than five regular employees or 12 seasonal (30 days or more) employees

Reporting Your Injury to Your Employer

If you wait too long, you run the risk of missing important deadlines that could result in a denied claim. It’s important that you report your injuries with substantial detail to your employer as soon as possible. This will allow your employer to file a claim with their workers’ compensation insurance provider. 

Whether your injuries are a severe emergency or an overexertion/repetitive motion injury, it’s crucial to report the issue to your employer and be sure to maintain your own records as well. 

Read More: Workers’ Compensation vs Third Party Claims

Florida Workers’ Compensation Laws

In Florida, the law requires employees to report their injuries to their employer within 30 days of the accident. In the case of an occupational incident, it should be reported within 90 days. If your injuries are not reported in accordance with this timeframe, as well as any deadline imposed by the insurance company, you run the risk of being denied compensation for your workplace injury. 

What if my workers’ compensation claim is denied?

If you have been injured on the job and are denied compensation, we urge you to seek legal counsel with an experienced attorney. As with any legal issue, documentation and deadlines are crucial. However, there are many facets that play into a successful workers’ compensation case. An appeal can be done within two years of a denied workers’ compensation claim.  

If you are interested in learning more about how an attorney can help you, reach out to us at Pipas Law today for a case evaluation.