The Benefits of Working With a Lawyer to File Your ClaimIf you partner with a legal professional to file your workers' compensation claim, you may find the process goes more smoothly and is easier to understand than if you tried to handle the claim yourself. Most individuals feel confused and have questions about their rights when confronting the workers' compensation system for the first time. While the procedure to file a claim is not difficult, it can prove challenging without an experienced hand to help guide the process. Partnering with an attorney to file a workers' compensation claim provides these benefits:
- Worker's compensation law is governed on a state-by-state basis; experienced attorneys understand their state's regulations and are familiar with the state system for filing claims and pursuing compensation
- An attorney can assist you when it comes time to gather medical records, take depositions, conduct legal research, and draft important court documents
- Your lawyer will work with your best interests in mind; many claimants find it beneficial to feel that they have a support team as they fight to receive benefits
- Attorneys lend a considerable degree of knowledge and skill to your case
- Legal professionals understand how to negotiate settlements and often manage to attain larger settlements than claimants who attempt the legal process unassisted
How to File a Workers' Compensation Claim in Florida
Report Your InjuryIf you plan to pursue workers' compensation you must report any injuries that you sustain in the workplace. This process begins with informing your employer of your injury. Florida law dictates that, should victims wish to file a workers' compensation claim, they must report injuries within thirty days of the date of the incident. A few exceptions to this rule do exist:
- Your employer knew about the injury AND
- You informed your employer more than thirty days after the incident; the cause of the injury could not be identified without a legal professional AND
- Your employer failed to inform you of the time restrictions surrounding workers' compensation claims by posting notice OR
- Other exceptional circumstances outside the scope of the first two requirements
What to Tell Your EmployerYou should give your employer as much detail as possible about your injury, including how and when it happened, who witnessed it, and the nature and extent of your injuries. Victims must also be able to explain what symptoms they are experiencing as a result of their injuries. After you inform your employer of your injury, it is your employer's responsibility to refer you to an occupational doctor. Florida law mandates that employers select victims' treating doctors provided that emergency treatment is not necessary.
Monitor Your Employer's ProgressEmployers in Florida must report your claim to their organization's insurance company within seven days of your initial report. If at all possible, victims should work to hold their employers accountable for doing their part to file a claim. It's critical to ensure that an employer fills out an incident report after they receive details of a workplace injury.
What to Do When an Employer Refuses to FileSome employers refuse to help workplace injury victims pursue the compensation and benefits that they deserve. If your employer fails to file your claim with its insurance company within seven days of your report, you have the right to contact the insurance company directly. Victims should not give up on their claim as a result of their employers' negligence. After contacting your employer's insurance company, you'll be able to speak to an adjuster and describe the details of your accident. By law, the insurance company must contact your employer after this report and discuss the information that you communicated.
The Insurance Company's ResponseYour employer's insurance company will work to confirm the legitimacy of your claim. They often ask for medical documentation and may even require you to meet with another doctor for a special evaluation. Each insurance company and each claim is unique; because of this, there's no way to predict exactly what you may experience as the insurance company conducts its investigation. Some of the most common parts of the process tend to include:
- Analyzing medical records
- Ordering medical or functional capacity evaluations
- A medical examination may help further assess your condition
- Functional capacity evaluations serve as a way to determine your ability to perform expected work duties
- Assessing your work experience and wages
- Your accident report and initial medical records contained discrepancies concerning the details of your injury or the extent of the harm you suffered
- Medical reports indicate the presence of alcohol or illegal substances in your system
- You filed a claim after being laid off or fired
- You failed to sign medical authorizations
Filing a Petition for BenefitsThe first section of Florida's Petition for Benefits often proves simple for victims to complete on their own. You'll need to include information concerning your accident, injuries, and recovery. The next two pages of the document, however, are best completed with the assistance of a knowledgeable attorney. The Petition for Benefits requires that legal details like impairment ratings and compensation rates be included. Because the process of determining these details often proves confusing for victims at best and impossible at worst, it's wise to seek legal counsel. Your lawyer is likely to partner with your doctor to complete these sections of the petition.
The Potential of Going to CourtFiling a Petition for Benefits does not necessarily mean that you'll need to face the insurance company in court. Florida's robust workers' compensation system mandates that both victims and insurers attempt to find a compromise before resorting to court. Ideally, this process can be completed via standard negotiations—other times, mediation becomes necessary. The mediation process allows a third party to step into your case and attempt to facilitate a resolution to your problems without the need to go before a judge. Many cases settle during the mediation phase; it's an informal discussion meant to allow for you and your employer's insurer to come to a mutual agreement. If the parties cannot settle through mediation, a pre-trial hearing will be scheduled. The process from this point onward depends heavily on a victim's individual case and their employer's insurance company. All parties involved in the legal proceedings should receive a date for a final hearing to occur within ninety days of their mediation conference. If you must attend a final hearing to pursue workers' compensation benefits, you should plan on spending anywhere between two and four hours in court proceedings. The judge may or may not rule on your case that very same day.
Receiving Your BenefitsWorkplace illness and injury victims may receive four different types of benefits:
- Medical care coverage
- Temporary total disability (TTD)
- Up to 66 2/3 percent of victim's regular wages
- Temporary partial disability (TPD)
- Reserved for scenarios where victims can return to work but cannot earn the wages they earned before the incident
- 80 percent of the difference between 80 percent of pre-injury wages and current earning potential
- Impairment benefits
- Cover permanent disabilities resulting from your injury
The Importance of Quality Workers' Compensation RepresentationIt's all too common for victims' workers' compensation claims to be denied once they reach the insurance company—it's the driving force behind most victims' motivation to seek legal assistance in their pursuit of benefits. Those who experienced injuries with ample witnesses or who manage to attain compensation after their initial filing often fail to understand how stressful the legal process can be. That's why, in many cases, it's victims need legal advice from a compassionate and trustworthy lawyer. The right attorney can help you prepare documentation, communicate with your employer's insurance company, and fight for your rights in the courtroom. If you or a loved one need help filing your worker's compensation claim, contacting an experienced workers' compensation lawyer can answer your questions and help you through the application process. Clearwater Office 800 N Belcher Rd. Clearwater, FL 33765 Phone: (727) 451-6900