What Forms Do I Need for My Workers’ Compensation Claim in Florida?

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Workers’ Compensation Claim Forms in Florida

If you’ve been injured on the job, you likely have questions about how to file a Workers’ Compensation claim. Workers’ Compensation insurance is designed to protect you, the employee, should you fall ill or get hurt while you’re at your workplace.

All employers in Florida are required to offer this insurance. However, filing a claim may seem overwhelming, especially if you’re focusing on your own recovery. In this guide, we’ll look at what forms you need for your Workers’ Compensation claim in Florida and how you should proceed if you’re injured.

What Does Workers’ Compensation Cover?

In the state of Florida, Workers’ Compensation will cover you regardless of who is at fault for your injury or illness. Whether you tripped on a cord left on the floor by another worker or you yourself were injured when you didn’t wear protective clothing, Workers’ Compensation is in place to assist with your medical expenses.

Your Workers’ Compensation claim allows you the opportunity to recover from your injury or illness without the worry of medical expenses. Compensation includes:

  • Reimbursement for travel that is directly related to your injury
  • Disability benefits
  • Death benefits
  • Coverage of medical expenses
  • Certain types of long-term care
  • Lost wages, up to two-thirds of your weekly income when employed

In most cases, you will receive these benefits in exchange for an agreement that you will not sue your employer, protecting you both.

If you have questions about the specific expenses covered by Workers’ Compensation, an experienced attorney can help. Schedule a no-cost consultation to discuss what is covered in your unique case.

Who Can Claim Workers’ Compensation?

Before we discuss what forms you’ll need for your Workers’ Compensation in Florida, let’s first look at whether you can claim this benefit.

Typically, this insurance covers you if you:

  • Are permanently disabled on the job
  • Lose significant income due to your illness or injury
  • Miss seven or more days of work as a result of your injury

There may be other situations in which you are deemed eligible to receive Workers’ Compensation.

Remember that every Workers’ Compensation case is different. Where you and another employee may be injured in a similar way, you may not be found eligible for similar coverage. Speak with an experienced Workers’ Compensation attorney to ascertain whether you have a valid claim to Workers’ Compensation.

What Forms Do I Need for My Workers’ Compensation Claim in Florida?

The very first action you should take if you’re injured on the job is to seek medical attention and notify your employer. Even if you feel fine today, don’t hesitate to visit the hospital or a doctor. Pain or complications may arise later, and you will need documentation of your injury. 

In most cases, these are the only steps you’ll need to take to begin your claim. After you report your injury, your employer will in turn report it to the company’s insurance provider. Should your employer refuse to report your injury within seven days, you may report it to the insurer yourself. 

In the event that your employer is denying that you were hurt on the job, it’s best to seek legal assistance. Dealing with an injury or illness is difficult as it is. You don’t need to also fight with your employer or big insurance companies – your lawyer will advocate for you while you recover. 

After your injury is reported to the insurance company, they will determine whether you are eligible for benefits. In some cases, you may be denied, in which case you will need to file a Petition for Benefits in order to appeal. Again, your attorney will be your most valuable resource should this become necessary.

What Is the Process for Filing a Workers’ Compensation Claim?

There are very few forms you’ll have to fill out if you’re filing for Workers’ Compensation. The responsibility to report the accident to your employer falls on you, but your employer will do the rest. 

He or she will work with you to fill out a First Report of Injury which is required to remain on file for every injury, no matter how minor. Your employer will also be required to submit a Wage Statement. This statement is used to calculate how much compensation you may be owed. 

In some cases, you may be asked to help prepare an accident report or a Temporary Treatment form. If you have any difficulty in doing so, please contact your attorney who can assist you.

Will a Workers’ Compensation Attorney Be Necessary?

It’s always a good idea to reach out to an attorney for your Workers’ Compensation claim. There’s very little more stressful than experiencing a workplace accident. You’re ill or injured, you are dealing with your own healthcare, and paperwork is the last thing on your mind. 

In most cases, you’ll no longer be working – at least temporarily – and the stress of lost income is also weighing on your mind. A Workers’ Compensation attorney can help relieve some of the stress associated with your claim, and the sooner you connect with an attorney, the more smoothly your case will be handled. 

It’s very easy to make mistakes when you’re not familiar with Workers’ Compensation law. For instance, it may be second nature for you to pay your medical bills or even a copay. Did you know that your benefits will cover not only your medical expenses, but will also cover the cost of your attorney? 

No matter who was at fault in your workplace accident, it’s a good idea to reach out to an attorney who can help advocate for your rights.

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  • How long can I expect my Workers’ Compensation case to take?

    In most cases, a Workers’ Compensation case is straightforward. You will report the incident to your employer who will then notify the company’s insurance agency. Assuming that you did get injured or ill on the job, the insurance company will begin to pay your medical bills and other benefits shortly. 

    Sometimes, however, cases aren’t so cut and dry. Your employer may deny that you were injured during a job-related activity. Perhaps the insurance company is stalling because they’re hoping you won’t file an appeal. 

    Best case scenario, your case will be handled efficiently and promptly. Once your claim is approved, it will typically take between four and eight weeks before you receive your compensation.

  • Can my employer fire me if I file for Workers’ Compensation?

    No. Your employer is prohibited from firing you simply because you have filed for Workers’ Compensation. If your job is threatened or your hours are unreasonably cut, contact an attorney to discuss the next steps in your case. 

    In many states, your employer is not required to “hold” your job for you while you recover. However, you are likely eligible for disability benefits while you’re out of work. If for some reason you are unable to return to the same type of work, the Florida Division of Workers’ Compensation office can help you apply for reemployment services.

  • What is the time limit for filing for Workers’ Compensation in Florida?

    In most cases, you are required to notify your employer of an accident within thirty days of the event. Your employer will then notify his or her insurance company within seven days. 

    You do not have to file for Workers’ Compensation immediately. Generally, the statute of limitations on a benefits case is two years. That means that should you experience additional pain or illness in the months following the event, you still have the opportunity to apply.

  • Do Workers’ Compensation benefits cost anything?

    No. You will not have to pay out of pocket for your medical bills, copays or even for your Workers’ Compensation attorney. This benefit is insurance paid by your employer to protect you in the event of an accident. 

    To file for Workers’ Compensation benefits in Florida, you won’t be required to handle much paperwork. However, we at Morgan & Morgan know how stressful workplace injuries and illness can be. We are standing by to assist you so that you can focus on your own recovery. 

    Fill out a case evaluation form and you’ll be connected with a member of our legal team who can guide you through the next steps. Don’t delay, as your benefits may be compromised. Remember the fee is free unless we win, so you have nothing to lose by calling.

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