How Long Do I Have to File a Workers Comp Claim in Florida?

Workplace injuries can impose a significant toll, resulting in physical discomfort, emotional suffering, and financial strain. If you’ve suffered a work injury in Florida, it’s vital to be aware of your rights and the deadlines for submitting a workers comp claim.

Our Coral Springs workers compensation lawyers will make sure your claim for benefits is filed on time. Contact us today.

Understanding the Statute of Limitations

Under Florida law, the statute of limitations for filing a workers’ compensation claim requires that injured employees report their workplace injury to their employer within 30 days. Additionally, to receive workers compensation benefits, the employee must file a workers compensation claim within two years from the date of injury. Failure to meet these deadlines can result in losing eligibility for benefits. Seeking legal assistance can ensure compliance with these requirements and help navigate the complexities of the claims process.

Florida’s Workers Comp Claim Deadline

As per Florida’s workers’ compensation laws, a worker who has suffered a work-related injury has two years from the date of the injury to file for workers’ compensation benefits. If no claim is filed within two years, the state’s statute of limitations will lapse.

In Florida, the deadline for filing a workers compensation claim following a workplace injury is critical. Florida law requires that you report the accident to your employer within 30 days from when the accident occurred and seek medical attention promptly. Additionally, you must file a claim within two years of the injury date to be eligible for Florida workers compensation benefits. Missing these deadlines can jeopardize your ability to receive compensation, making it essential to understand and adhere to these legal requirements.

Procedure for Filing a Workers Compensation Claim

To file a workers’ compensation claim in Florida, you need to adhere to several steps:

  • Document the Incident: Make a note or record of the incident or situation that led to your injury.
  • Gather Evidence: If possible, take photographs of the injury and the workplace.
  • Submit Your Claim: File the claim with the Office of the Judges of Compensation Claims (OJCC) within two years from when the injury occurred.
  • Inform Relevant Parties: Distribute copies of the claim to your employer and workers’ compensation carrier (and their attorneys).

The process begins with reporting your injury or illness within 30 days. There are exceptions in certain situations, such as when a work-related illness is discovered weeks or months after it has occurred. In these instances, you may still be eligible to file a claim.

After you report the injury or illness to your employer, they have seven days to inform their workers’ compensation insurance carrier. This is known as an accident report or the First Report of Injury or Illness.

Once reported to the insurance company, they will dispatch an information packet within three days. The packet should include a copy of the report filed and an explanation of your rights.

If your claim for benefits is approved by the insurance company, you should start receiving checks within 21 days after your injury was reported. The amount you receive depends on what you are entitled to – either temporary partial disability or temporary total disability.

filing a workers comp claim consists of several steps

Exceptions to Workers’ Compensation Immunity in Florida

In Florida, employers who adhere to state law and secure either private or state workers’ compensation insurance are provided with substantial protection against lawsuits from their employees seeking coverage for workplace injuries. This immunity has very few exceptions, but when these exceptions are met, they can disrupt business operations and inflict serious damage on companies.

One historical exception was when an employer failed to secure payment as required by law for an injured employee. Essentially, if an employer who has workers’ compensation insurance fails to process a claim promptly, causing a delay in the payment of compensation, an injured employee may file a lawsuit to claim damages.

Another exception was introduced for intentional torts committed by an employer. Now, an injured employee could satisfy this exception by proving that their employer intended to injure them or that their employer engaged in conduct that was objectively certain to result in injury.

Contact Our Lawyers for Help Today

It’s crucial that you take action as soon as possible after your accident. There’s lots of evidence and information that must be gathered and sorted through prior to filing your workers comp claim. Give yourself as much time as possible by getting started right away.

Work Injury Rights specializes in assisting employees with work-related injuries by ensuring they receive appropriate medical treatment and compensation. Their expertise in workers compensation law helps navigate the complexities of dealing with insurance carriers and filing claims. They advocate for employees’ rights, ensuring they receive the benefits and support they deserve during their recovery process. If you’ve experienced a workplace injury, Work Injury Rights can provide the legal assistance needed to secure your rightful compensation and medical care.

Contact the lawyers at Work Injury Rights at [954-833-5226] to get professional legal representation right away. We will advise you on the workers compensation claim process and provide valuable assistance to get your claim settled as soon as possible.

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