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Frequently Asked Questions About the Workers’ Compensation Process

How soon should I report a workplace accident and injury?

Under Florida law, injured workers have up to 30 days to report an incident in most situations. However, it is highly advisable to tell your manager or supervisor of an accident at work as soon as possible. This way, your injuries can be more closely associated with the accident. If you do not know how to report an accident, our experienced workers’ compensation attorneys can guide you through the process.

Should I give a recorded statement to a workers’ comp insurer?

You should always hesitate before making a recorded statement to any type of insurance company and a workers’ compensation insurer is no different. Though the agent may seem like they are on your side and that a recorded statement will be harmless, insurers are always out to limit liability as much as possible. Sometimes, people make seemingly innocuous or offhand comments that may later be misconstrued and used against them to limit benefits. For this reason, you should always discuss your situation with a skilled lawyer before making a statement. If you have already made a statement, however, you should not hesitate to consult with us. We know how to handle your case with your statement in mind if necessary.

My employer told me I could not receive benefits because I have only been on the job for 90 days. Is this true?

No, this is not true. Some employers may make this claim to avoid paying higher premiums based on your workers’ comp claim. However, you can qualify for benefits from workers’ compensation even if you suffer injury on your very first day. Anyone who has been told they do not qualify based on time with an employer should consult with our office as soon as possible to find out how to proceed.

Am I being compensated enough for my lost wages?

Compensation for lost wages is based on a strict calculation that takes the following into account:

  • Your average weekly wage (AWW)[1] for the last 13 weeks before your injury
  • Whether you are unable to work at all
  • Whether you have specific work restrictions that do not fit with a job at your employer

Our attorneys are highly familiar with this formula and, if you believe that you are not receiving adequate lost wage benefits, we can identify and work to correct discrepancies.

Is there a time limit for bringing a case?

The time limit—known as the statute of limitations—under Florida workers’ compensation law[2] is two years from the time of your accident and injury. However, you should never wait until the last minute to speak with an attorney about a possible claim.

Contact an experienced Clearwater, Florida workers’ compensation attorney for a free consultation

The workers’ compensation system in Florida is complicated and victims of workplace injuries often have many questions. At the Sibley Dolman Gipe Accident Injury Lawyers, PA, we can answer your questions and help you through every step of the process so that you may obtain adequate benefits. Call us today for a free consultation at 727-451-6900.

Sibley Dolman Gipe Accident Injury Lawyers, PA
800 North Belcher Road
Clearwater, FL 33765
727-451-6900

https://www.dolmanlaw.com/legal-services/workers-compensation-attorneys/

References:

[1] https://www.myfloridacfo.com/division/wc/insurer/awwrate.htm
[2] https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440.html