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

Suffering an injury while on the job can be a stressful experience, and navigating the process of filing a workers’ compensation claim can add to that stress. In Florida, like in many other states, there are specific deadlines for reporting a work-related injury and filing a workers comp claim. Understanding these timelines is crucial to ensuring that you receive the benefits you deserve.

Our Florida workers’ compensation lawyers explain the crucial deadlines for filing a work injury claim.

Reporting a Work Injury in Florida

The first step in the workers’ compensation process is reporting your work injury to your employer. You should report your injury to your employer as soon as possible after it occurs.

In Florida, you have 30 days to report a workplace accident officially. Missing the 30-day deadline could result in a denied workers comp claim. If a work injury develops over time, like in the case of repetitive stress injuries, you must report it within 30 days of learning the condition is work-related.

If you develop an occupational disease, you must notify your employer within 90 days of being diagnosed or learning the condition is related to your work.

In addition to protecting your right to seek workers’ compensation, reporting your injury promptly also helps preserve evidence related to your claim, such as witness statements and accident reports.

Deadline for Filing a Workers Comp Claim in Florida

After reporting your work injury to your employer, you must file a workers’ compensation claim with the Florida Division of Workers’ Compensation. In Florida, you generally have up to two years from the date of your injury to file a workers comp claim. This deadline is outlined in Florida Statute 440.19.

It’s important to note that the two-year statute of limitations begins from the date of your injury, not the date you report it to your employer. Failing to file your claim within the two-year timeframe could result in the denial of your claim and the loss of your right to pursue workers’ compensation benefits.

Secondary Deadline for Seeking Additional Benefits

Following your initial worker’s compensation claim, you have a one-year window from the date of your last receipt of medical benefits or wage loss payments to pursue further benefits or to reopen the claim.

Florida workers compensation claim deadline concept, ticking clock

The Importance of Timely Filing

Timely filing of your Florida workers comp claim is crucial for several reasons.

  • Avoiding Denial of Benefits: Failing to file your claim within the two-year timeframe could result in the denial of your claim, leaving you without the financial support you need to recover from your injury.
  • Prompt Resolution: Filing your claim promptly increases the likelihood of a prompt resolution, allowing you to receive the benefits you need to cover medical expenses and lost wages.

Exceptions to the Statute of Limitations

The general rule is that you have two years from the date of your injury to file a workers’ comp claim in Florida. However, there are exceptions such as the following examples.

Some injuries are not obvious right away. In these cases, the clock begins ticking when you reasonably should have known about the work-related injury or condition.

If the injured worker is underage or mentally incapacitated, the statute of limitations may be paused until the worker turns 18 or is appointed a guardian or representative.

Call Our Florida Workers Compensation Lawyers Today!

Understanding the deadlines for reporting a work injury and filing a workers comp claim is essential for ensuring that you receive the benefits you are entitled to under Florida law. Prompt reporting of your injury to your employer and timely filing of your claim with the Division of Workers’ Compensation can help streamline the claims process and increase the likelihood of a favorable outcome.

If you have been injured on the job, our experienced Florida workers’ comp attorneys can guide you through the process and advocate for your rights. Remember, the clock is ticking, so don’t delay in pursuing the benefits you deserve. Contact Work Injury Rights today at 954-833-5226 for a free consultation!