The Florida worker’s compensation system is in place to protect employees rights and offer compensation after work-related injuries and diseases. However, the process of getting compensated is not all that simple and involves taking care of many legalities.
Due to all those complexities, it’s easy to make mistakes that could have a direct impact on whether or not you end up receiving fair compensation. Here, we will explain and highlight some common mistakes you must avoid while filing your workers’ compensation claim in Florida, along with some details to understand how to proceed in the right way.
Understanding Florida Workers’ Compensation Law
Workers compensation in Florida works on a no-fault basis. It means you as an employee will receive benefits if you’re injured on the job, regardless of who was responsible for the accident. You get compensated if your actions contributed to the incident or the accident was caused by a third party, a coworker, or even a machine malfunction.
The benefits you receive vary in nature. In most cases, you will surely receive temporary disability benefits, partially offsetting lost wages, along with permanent disability benefits when you sustain permanent injuries. You may also be entitled to vocational rehabilitation services to get back to suitable employment. All these benefits are your rights as a Florida state injured worker; however, it does sometimes take a lengthy procedure to acquire them.
Common Mistakes to Avoid When Injured in the Workplace
Getting some compensation for your injuries is a way to make you feel better and help you return to work as soon as possible. However, the benefits you get depend heavily on how you proceed with your case. Here are some common mistakes that can hurt you big time.
Not Reporting the Injury on Time
One of the biggest mistakes is not reporting your injury to your employer within the 30-day time frame. Any delay here can result in questions about the injury, difficulty proving the work related injury, or a total claim denial.
There are various deadlines to follow, like you can only file a claim within two years from the date of injury. You also only have 30 days to appeal a denied claim. Miss these deadlines and you’ll lose your benefits.
Notify your employer as soon as possible after sustaining any injury. Be sure to follow up with a written report even if you’ve already informed your supervisor about the incident. These steps help create a paper trail that will support your claim later.
Not Seeking Immediate Medical Help
Even if you think your injuries aren’t serious, you must still get medical care right away. It’s important for multiple reasons. For instance:
- It helps you get treatment to prevent further complications
- It links your work to the injury
- It provides documentation for your claim
It’s also important to stick to your treatment plan. Not following medical advice can compromise your recovery, question the severity of your injury, or reduce/terminate benefits. Don’t forget to attend all appointments and follow your doctor’s instructions to the dot.
Incomplete or Incorrect Claim Forms
Errors in paperwork can delay your claim or even get it denied. You must be very careful when filling out forms and ensure all information is accurate and matches your injury report as well as medical records. In case you’re not sure about something or find any part of the form a bit confusing, seek legal help to review your paper before you submit it.
Misusing Social Media
While it may not sound serious, being irresponsible when using social media can come back to haunt you in a big way. Keep in mind that adjusters will go the distance to find ways to dispute your injury, and they may also search your social media to find any evidence that would help them delay the process.
You should be careful and not post anything about your injury or claim on social media. Be cautious about sharing photos or other updates about physical activities. It’s also wise to increase your privacy settings during the claims process.
Overcoming Challenges in Workers Compensation Claims
Even when you try your best, things can still go wrong when filing workers’ compensation claims. Here’s what to do when you find yourself in trouble.
Dealing with Denied Claims
One of the biggest issues many people face is related to claim denials. This could happen due to many mistakes mentioned already. However, it’s usually the result of missed deadlines, not having enough medical evidence to prove your injuries, and failing to prove the injury is work related.
If your claim is denied for any reason, you have the right to appeal. The process involved filing a petition for benefits with the Office of the Judges of Compensation Claims. You’ll have to go for a mediation conference and if not resolved, you should go for a hearing before a judge of compensation claims.
Handling Employer Retaliation
Florida law prohibits employers from retaliating against employees for filing workers’ compensation claims. If you’re demoted or terminated after filing a claim, you may have a retaliation case. Here’s what to do if you suspect retaliation:
- Document all adverse actions taken by your employer
- Report the retaliation to the Florida Division of Workers’ Compensation
- Call an experienced workers’ compensation attorney
Dealing with Independent Medical Examinations (IMEs)
Insurance companies will require you to go through Independent Medical Examinations. The IME doctor’s opinion can make or break your claim so be honest and share all your symptoms and limitations to not have any problems down the road. Stick to the facts about your injury. Don’t exaggerate or downplay your condition. Having your attorney with you during the exam is also a good idea.
The Role of Legal Counsel in Workers’ Comp Cases
Not all cases require legal representation but some situations do. For example, if your claim is denied you need an expert. The same holds if your employer is retaliating against you. If your injuries are serious or you end up with a long-term disability, only an expert can help you get the right compensation. If there’s a dispute about your ability to return to work, an attorney can also help you know what to do.
Endnote
Florida’s workers’ compensation system is tough, but avoiding common mistakes will make the process easier. Remember, the foundation of a smooth process is timely reporting, good medical care, accurate documentation, and following all deadlines and medical advice.
