Are You Eligible to File a Workers’ Comp Claim?
In Florida, Workers’ Compensation benefits are available to most employees that have suffered an on the job injury or illness. Unfortunately, many such workers are unsure of how to do so. Oftentimes their own boss does not even know. Moreover, others employees have simply had their claims delayed and denied! Independent Contractors however are not covered by the Florida Workers’ Compensation system.
Most companies are required to carry Florida Workers’ Compensation insurance to protect their workers. If an employer does not have that type of coverage, an injured employee has the right to file a lawsuit against them along with telling The Employee Assistance Office at (800) 342-1741 or (850) 413-1737. The State of Florida can then open up an investigation leading to fines, penalties and or possibly shutting down the business!
The following types of employers are required to carry Florida Workers’ Compensation insurance:
- Private employers with four or more workers, even if they are part-time,
- State or local government agencies,
- Construction businesses with one or more employees,
- Farm employers with five or more regular or 12 or more seasonal employees who work 30 or more hours per week
How to File a Florida Workers’ Compensation Claim?
Here are some helpful hints from Coral Springs Workers’ Compensation attorney Evan M. Ostfeld, Esq. and The Law Offices of Evan M. Ostfeld, P.A.
If you are injured at work or learn that your medical condition is work-related, notify your employer as soon as possible and ask for treatment. Should there be a delay of 30 days or more in reporting it, the claim will likely be denied. You are also entitled to receive a copy of the Notice of Injury Report and the information about their insurance carrier.
Taking photographs of the accident scene, injuries, saving emails/texts to and from your boss and or obtaining witness information, may later be used as evidence to support the claim in securing Florida Workers’ Compensation benefits.
Should it be an emergency situation, call 911 or just go to the E.R.- you do not need permission. Make sure that you inform the health care provider that it was due to a work related accident and provide your job’s information for billing purposes. Do not give your own health insurance card as all of the medical care must be charged through the Florida Workers’ Compensation system.
If there is no one at the place of employment to report the incident to, or that they simply don’t care, document it yourself, give it to a supervisor, save a copy and seek medical treatment on your own immediately. After that, file a complaint with The Employee Assistance Office at (800) 342-1741 or (850) 413-1737.
Types of Benefits
Florida Workers’ Compensation provides a lot of benefits which are free to the injured party. Some include: all authorized medical expenses, prescriptions, supplies, travel expenses, rehabilitation retraining, lost wages and disability benefits if you cannot work, are limited in the type of work or number of hours that you can perform it and or for permanent disability pay. This is not, by any means an exhaustive list.
What if Your Claim Is Denied?
If your Florida Workers’ Compensation claim is denied, you have the right to appeal that decision through the Office of Judges of Compensation Claims. Regretfully, you will not get very far without the help from an experienced Workers’ Compensation lawyer like Evan M. Ostfeld. The reason? The system is quite complex and is rigged against the injured due to the Florida Workers’ Compensation Act’s severely limiting benefits and the legal remedies.
Talk to a Coral Springs Workers’ Compensation Lawyer today!
If you have been injured at work, call the legal team at The Law Offices of Evan M. Ostfeld. Evan has more than 28 years of experience fighting the “big bad insurance companies.” He knows the “tricks of the trade” that they try to use to delay, deny and defend the claim.
How Do I File a Workers’ Comp Claim?
We offer a no-obligation case evaluation. That means, there are no upfront attorney’s fees unless we win or secure a settlement. Let us help even the playing field against ”Corporate America.” Contact us at (866) I SUE YOU, (866) 478-3968, (954) 227-7529, (954) 998-0075 Text or [email protected]. We are here to help!
