Navigating the process of a workers compensation claim can be complex and confusing. By being overloaded with insurance companies, administrative processes and paperwork and still needing time to recover from your injury, you may not be aware of the true value of your claim. Here are some tips to help you maximize your workers comp settlement in Fort Lauderdale, Florida.
1. Seek Immediate Medical Care
If you’re injured on the job, it’s crucial to seek immediate medical attention. Any delay in getting medical care for your work-related injury gives the insurance company a reason to deny your claim. If you wait too long to seek medical attention, insurance companies may argue that your injury did not occur while you were on duty or that your injury was not as severe as you did not require immediate medical treatment.
Remember to seek medical treatment even if your injury may seem minor. The medical report you receive may be used as evidence in any subsequent hearings and serves as an important confirmation of your injury.
2. Notify Your Employer of the Injury
You should notify your employer about your injury as soon as possible. The longer you wait, the harder it will be for your employer or the workers comp insurance company to believe you have a legitimate claim.
Most employers will have their own Report of Injury form. If not, you can use OSHA’s Standard Employee’s Report of Injury form. By state law, you are required to report your workplace injury within 30 days of the accident having occurred to your employer. If you fail to do so, your workers compensation claim may be at risk.
3. File Your Workers Comp Claim Fast
Filing your workers comp claim promptly is crucial. After you’ve notified your employer of your injury, you should be given a workers comp claim form. Missing the filing deadline can cause you to lose any rights to workers comp for your injury.
In Florida, your employer must file the workers comp claim with the Florida Division of Workers’ Compensation within two years from the date of the injury. Employees are also entitled to file the claim themselves.
4. Understand How Disability Rating Works
Once you have reached maximum medical improvement (MMI), the point at which your injury will not recover any further, and you are still disabled and if a qualified physician has assigned you an impairment rating, you are entitled to receive pay for a specific number of weeks based on that impairment rating.
In accordance with Florida Statute 440.15, you are entitled to the following payments, based on your impairment rating:
- Permanent Impairment Rating of 1% to 10% – Two weeks per percentage point
- Permanent Impairment Rating of 11% to 15% – Three weeks per percentage point
- Permanent Impairment Rating of 16% to 20% – Four weeks per percentage point
- Permanent Impairment Rating of 21% or greater – Six weeks per percentage point
5. Never Provide a Recorded Statement to the Insurance Company
Insurance companies are for-profit businesses that will ensure that their own interests are looked after. These companies will avoid paying large sums to claimants.
Insurance companies may try to get you to provide a recorded statement, which they could use against you in your claim. Recorded statements will be requested by these companies fairly quickly following an accident catching claimants off guard as they may not have had time to fully comprehend the extent of their injuries. Politely decline any requests for a recorded statement and consult with your Fort Lauderdale workers comp attorney.
6. Keep Careful Medical & Financial Records
Keep detailed records of your medical expenses, medical treatments and any supporting evidence such as witness accounts and absence from work. These records serve as valuable evidence of your injury and will prove the extent to which your life has been impacted as a result.
7. Consult an Experienced Fort Lauderdale Lawyer About Your Workers Comp Settlement
A consultation with a Fort Lauderdale workers compensation lawyer is a good first step for any employee who has been offered a workers comp settlement. At Work Injury Rights our lawyers have extensive experience in workers compensation cases and will provide valuable assistance to ensure that you receive the compensation you are entitled to.
Contact us at 954-324 COMP for a free consultation and case review.
