During the first appointment with a Spring Hill workers compensation lawyer, one of the first things they will ask is how long you waited before you notified your employer of your accident. The fact is that reporting workplace injuries as soon as possible is essential for the outcome of your claim.
Let us explain why you should not delay reporting your work accident and how it may affect your workers comp claim.
What Florida Workers Compensation Law States
Under Florida workers compensation law, injured workers have 30 days to notify their employer in writing of their workplace accident. This is the crucial first step in the claim process.
However, you should notify your superior or even the HR representative verbally immediately after the accident. The reason for this is that the employer has the right to administer a drug and alcohol test. According to the law, workers who suffered injuries while working under the influence of alcohol or controlled substances are not eligible to receive workers comp claims.
Most employers will administer the test. If you report the accident a few days later, the test results would be irrelevant. And this makes the employer believe that you waited until the drugs or alcohol was out of your system. They will report this issue to their insurance company, which will likely deny your claim.
You Must Prove that the Injuries Occurred in the Course of Work Duties
The basic prerequisite for filing for workers comp benefits is that the accident has occurred while you were performing your regular job activities. Here are some instances of workplace accidents that are not eligible for workers comp benefits:
- You were injured just before you clocked in
- You suffered the accident during your lunch break
- You were injured while helping a coworker with a task that is not assigned to you
You must be able to prove everything down to the minute and the precise place where the accident happened. If you wait several days before reporting the accident, both your employer and their insurer may claim that you were actually injured outside the work hours.
Timely reporting of workplace injuries is even more critical if you suffered the accident on a Monday. The first thing an insurance adjuster will claim is that you injured yourself during the weekend.
You Must See a Doctor Appointed by the Insurance Company
Injured workers are surprised when their Spring Hill workers compensation attorney tells them that they cannot see their own doctor for workplace injuries. The insurance company which will cover your medical care costs has the right to assign one of the doctors on their approved list.
If you delay reporting the accident and seek treatment from your doctor, any expenses you incur during this period will not be reimbursed as part of workers comp benefits.
Timely Injury Reporting Will Help You Get Benefits Sooner
Last but not least, reporting workplace injuries as soon as possible will make the entire claim process faster and shorter. The insurance company will have no reason to conduct extensive investigations of your accident. There will be no accusations of attempted fraud. And your attorney will have access to valuable evidence and witness testimonies before it gets lost.
Your lawyer will be able to get your claim approved in a shorter period of time, so you can start receiving much needed replacement wages and medical care.
Reach Out to an Experienced Spring Hill Workers Compensation Lawyer!
At Work Injury Rights we have a combined experience of over 45 years winning workers comp benefits for clients. However, a Spring Hill workers compensation attorney needs you to follow the rules and protect your chances of filing a claim successfully.
It starts with reporting workplace injuries as soon as possible, seeking medical care and then consulting with us to know what you need to do from then on. As a new client, you benefit from a free case review, so call us at 954-324-COMP!
