Answering Common Questions About Workers’ Compensation
In our decades of experience helping injured workers secure compensation for their injuries, we have answered countless questions about the workers’ compensation claims process. Some of the most common questions are answered below. For answers about a specific injury or guidance regarding your case, we encourage you to contact us for a free, no-obligation consultation.
Q: When Should I Report A Workplace Injury To My Employer?
A: Generally, it is wise to report a workplace injury as soon as you can. This creates a record of the injury and allows you to take steps to recover workers’ compensation benefits as quickly as possible. Under the law, you have 30 days to report an injury or you risk having your claim denied.
Q: How Much Is My Workers’ Compensation Claim Worth?
A: Every case is different. Your total workers’ compensation benefits will depend on the severity of your injury, your average wage, your medical expenses and the time you are away from work. Learn more about available workers’ compensation benefits.
Q: Should I Accept A Settlement Offer From The Insurance Company?
A: Often, insurance companies will try to settle workers’ compensation claims quickly to get workers out of the system as quickly as possible and reduce their costs. If you are offered a settlement, it is in your best interest to discuss it with an attorney first. An attorney can almost always get you more money in a settlement or advise if settlement may not be in your best interests. Settling a case can forever waive your right to pursue other benefits that you may be entitled to such as unemployment and long- or short-term disability, or the right to sue for many other types of actions. Don’t waive these rights without talking to an attorney.
Q: My Employer Has Offered Me A Light-Duty Job. Am I Required To Take It?
A: Typically, workers must accept a light-duty job assignment when it is offered by an employer. However, if you have concerns about your ability to perform the job or believe it does not meet the restrictions set by your doctor, it is wise to discuss your situation with an attorney. Learn more about return-to-work issues and workers’ compensation.
Q: Can I Be Fired For Being Injured On The Job Or Pursuing Workers’ Compensation Benefits?
A: It is a violation of state employment laws to terminate employment because of a workplace injury or as retaliation for reporting an injury or bringing a claim. Unfortunately, some employers violate this law. Working with an experienced workers’ comp lawyer can help you preserve your rights and ensure you are being treated fairly.
Q: Can I still receive workers’ comp if my claim was denied?
A: Yes, even if your workers’ compensation claim was initially denied, you may still have options to pursue benefits. Claims are commonly denied due to minor paperwork errors or inadequate medical documentation. It’s important to understand that a denial is not the end of the road.
Gathering additional evidence or correcting any errors in your initial claim can strengthen your case. Our attorneys can help you file an appeal, which typically prompts a mediation session between you and the workers’ compensation insurer. If that doesn’t resolve the issue, a hearing before a workers’ compensation judge is the next step.
While you are not required to work with an attorney when filing or appealing a claim, many workers find that a good lawyer can make the process easier and improve the chances of a successful outcome.
Q: How long do I have to file a workers’ comp claim in Florida?
A: As mentioned above, you must report the accident to your employer within 30 days. As long as that report is on file, you generally have two years from the date of the injury to make a formal workers’ compensation claim. If you were seriously injured, however, you will likely want to get the process started as soon as possible.
Q: I was hurt before I got to work, but my injury worsened on the job. Can I still receive workers’ compensation?
A: If your preexisting condition was aggravated or worsened due to your job duties, you may be eligible for workers’ compensation benefits. Florida law allows for compensation if your employment is the major contributing cause of the aggravation. Documenting how your work environment or activities exacerbated your injury is key. Skilled attorneys like those at our firm can help you establish the connection between your job and the worsening of your condition.
More Questions? Get Trusted Answers In A Free Consultation.
The answers on this page provide general information, but there is no substitute for a one-on-one consultation with a knowledgeable work injury attorney. To arrange a consultation at no cost, please contact us online or call 772-571-4109.