What Should I Do Immediately After Getting Injured at Work?
Workplace accidents can occur at any moment and it’s best to be prepared on how to proceed with filing a workers’ compensation claim in Florida. It is important that employees, especially with the help of a workers’ compensation lawyer, seek compensation for lost wages and medical bills incurred while out of work due to an injury. The following steps are a helpful guide on what to do if you or a loved one has been injured on the job in Florida.
Should You File a Workers’ Compensation Claim After an Accident at Work in Florida?
If you are hurt while working in Florida, you should report the injury even when you are not yet sure how serious it will become or whether you will ultimately need workers’ compensation benefits. Some injuries worsen over time, and delaying the report can make it more difficult to connect your medical condition to the workplace accident.
Florida generally requires an injured employee to notify the employer of a work-related injury within 30 days. Reporting the accident also allows the employer and its workers’ compensation carrier to begin the process of determining whether medical treatment, wage benefits, or other workers’ compensation benefits should be provided.
When deciding how important it is to pursue a workers’ compensation claim, consider questions such as:
- Did the injury require medical treatment or could it require treatment later?
- Have you missed work or been placed on light-duty restrictions?
- Are you experiencing symptoms that are getting worse rather than improving?
- Could the injury affect your ability to perform your regular job?
- Did anyone witness the accident?
- Was the accident reported and documented by your employer?
- Is the insurance company questioning whether the injury happened at work?
- Do you have a prior injury or medical condition that the carrier may argue caused your current symptoms?
For eligible injured workers, Florida workers’ compensation may provide authorized medical treatment and wage-replacement benefits when an injury keeps the employee from working or limits the employee’s ability to earn the same wages. Filing a claim can also create an important record of the accident, the reported symptoms, medical treatment, and work restrictions.
There are practical considerations as well. Once a claim is opened, the insurance carrier may investigate the accident, review relevant medical information, request statements, question whether treatment is related to work, or dispute some of the benefits being requested.
Workers sometimes worry that making a claim will jeopardize their job. Florida law prohibits an employer from discharging, threatening to discharge, intimidating, or coercing an employee because that employee made or attempted to make a valid workers’ compensation claim.
Whether a particular injury qualifies for benefits depends on the facts, but waiting to report a legitimate workplace injury can create unnecessary problems later. Reporting the accident promptly and understanding your options allows you to make an informed decision while important evidence and deadlines are still protected.
Ana Shaw
"I recently had the pleasure of working with attorneys Matthew Sosokin and Patrick Carroll on my workers' compensation case, and I couldn't be more impressed with the exceptional service and outstanding results they delivered. From the initial consultation to the final resolution, Matt and Patrick demonstrated unparalleled expertise, compassion, and dedication to my case. Their in-depth knowledge of workers' compensation law and meticulous attention to detail ensured that every aspect of my claim was expertly handled. Communication was seamless, with prompt responses to my questions and concerns. They kept me informed throughout the process, explaining complex legal concepts in an easy-to-understand manner. The outcome of my case exceeded my expectations, thanks to their tireless efforts and strategic advocacy. I received the maximum benefits I was entitled to, and I credit Matt and Patrick's skillful negotiation and representation. If you're seeking top-notch representation for your workers' compensation case, look no further than Matthew Sosokin and Patrick Carroll. Their professionalism, empathy, and unwavering commitment to their clients' well-being make them an unbeatable team. I wholeheartedly recommend Matt and Patrick to anyone seeking expert legal guidance and compassionate support.
What Steps Should You Take After Being Injured At Work?
What you do immediately after a workplace accident can have a major impact on your workers’ compensation claim. Reporting the injury, documenting what happened, getting appropriate medical treatment, and keeping accurate records can help protect your right to benefits and reduce the chance of unnecessary disputes with your employer or its workers’ compensation insurance carrier.
The following steps can help you protect yourself and your claim after suffering a work-related injury.
Step 1: Report Your Injury
It is crucial that employees report an injury to their employer or supervisor as soon as possible. In many cases, employers and workers’ compensation insurance companies try to deny claims if the injury was not promptly reported. In Florida, you must report your injury to your employer no later than 30 days from the date of the accident or within 30 days of the date your doctor says you are suffering from a work-related injury.
Step 2: Inform the Health Care Provider the Injury is Work-Related
This first time you seek medical care for your workplace injury, it is important to notify your doctor that an injury is related to work. You should also make sure your doctor records this information in your medical notes from the first visit. In many cases, employers and workers’ compensation insurance companies try to deny claims if the first medical note does not include a notation that the injury is a work injury.
If you need emergency treatment for your accident, tell the ER staff that you hurt yourself on the job and be sure to give them the contact information for your employer or your workers’ compensation insurance carrier for your employer.
Step 3: Present a Written Notice to Your Employer
Most states require that written notice of the injury be provided to your employer or workers’ compensation health insurance carrier, including the date of the injury and a short description of the injury. Provide this statement to your workplace as soon as possible after the accident. Make sure to keep a copy of the statement for your records. Your workplace should have the workers’ compensation insurance carrier information posted. If you are not familiar with this or your employer won’t provide it to you, RTRLAW’s Workers’ Compensation attorneys can help.
Step 4: Keep a Diary of All Missed Days of Work, All Travel, and All Out-of-Pocket Expenses
Many state laws allow the employee to start receiving weekly wage replacement payments from the workers’ compensation insurance company once the injured employee is out of work for seven days. When the injured employee is out of work for a total of 21 days, the employee must be paid for the first seven days missed. This is the seven-day “waiting period” for wage replacement payments. Also, mileage must be paid for all medically necessary travel over 20 miles round trip, in addition to reimbursement for any necessary out-of-pocket medical expenses paid by the injured worker. RTRLAW’s Workers’ Compensation lawyers can assist you to ensure you receive the benefits that are available to you.
Step 5: Contact a Workers’ Compensation Attorney for Help
Navigating through the workers’ compensation process can be confusing and stressful. Insurance adjusters are trained to take recorded statements that can be used against you in your claim. Be careful! RTRLAW’s Workers’ Compensation lawyers can help if you would like assistance filing your workers’ compensation claim. We can fill out and file the injury forms, deal with the workers’ compensation insurance company, and make sure you are receiving the treatment you need to recover from your injury and the wages you deserve while out of work.
Get Help With Your Workers’ Comp Claim today!
RTRLAW’s Workers’ Compensation attorneys will stay with you throughout your entire case and we will work hard to make sure you receive the lump-sum settlement you deserve at the end of the case. Finally, we do not charge a fee unless we recover benefits for you.
To reiterate, the two most important things a worker needs to do when injured on the job are:
- Report the incident to a supervisor immediately – An injured worker has 30 days from the date of the accident to report the injury to his/her employer;
- Get medical treatment – Whether an employer sends the injured worker to get medical treatment or not, the best way to ensure an injured worker’s case gets started in the right direction is to get medical treatment as soon as possible after the accident.
For more information about how to report an injury that occurred at your workplace, visit Florida’s Division of Workers’ Compensation.
For more information about how RTR Law attorneys can assist you with your Workers’ Compensation claim in Florida, please contact us or call 1-833-HIRE-RTR (833-447-3787) today.
