How To File A Worker’s Compensation Claim In Florida
Brian O Sutter
Workers’ Compensation
When you find yourself in a work-related accident in Sarasota, Port Charlotte, or other areas of Southwest Florida, you’ll likely have a number of thoughts running through your mind. How will you support your family when you’re injured and unable to work? Worker’s compensation is a type of insurance held by employers all across Florida and the United States as a whole. Worker’s compensation coverage is required for all employers with at least 1 non-owner employee, and it’s used to cover the costs should an employee find themselves injured on the job. Without this type of insurance, businesses would need to pay employees’ medical and missed wage costs out of pocket, which can sometimes be in the tens to hundreds of thousands of dollars. Ideally, receiving worker’s compensation payments would be simple, but this isn’t always the case. Worker’s compensation insurance is first and foremost a business, so insurance carriers may make filing a successful claim difficult if they believe they can avoid a payout. For this reason it’s important to have a skilled Southwest Florida worker’s compensation attorney by your side. With professional guidance through the process, you’re far more likely to find success.
The Claims Process For Worker’s Compensation In Florida
The claims process for worker’s compensation insurance is one that every employed person should get to know just in case they find themselves in an accident on the job. The process to file for worker’s compensation in Florida consists of:
• File a formal report with your employer – Within 30 days of your injury you should file a formal report with your employer. The sooner you file the better it is for your claim. While the report can be either oral or in writing, it’s always best to have the report made in writing for your records.
• Resolve the dispute – Ideally, you will file a report and receive a check from worker’s compensation insurance within 21 days. However, this doesn’t always occur. If you do not receive a check you are likely facing a dispute regarding your worker’s compensation claim. In the state of Florida, it is required to try to resolve the dispute before you file a petition. Resolving the dispute is made much easier if you have the help of a skilled attorney.
• Filing a petition – If the dispute with your claim cannot be resolved, it will be time to file a petition regarding your case. Before filing a petition, if you have not already hired a worker’s compensation attorney now is the time to do so. Your attorney will help you to carefully fill out the petition, file, and serve all copies of the petition. The petition will be filed with the Office of the Judges of Compensation Claims Clerk’s Office, and then served to your employer and employer’s worker’s compensation insurance provider via certified mail.
• Mediation and hearing – In some cases, your petition will result in mediation and potentially a hearing regarding your case. Mediation comes first, and if no deal can be reached for your worker’s compensation during the mediation the case will then be brought to a hearing.
• Appeals – If you do not agree with the decision, you may file an appeal within 30 days. This appeal will be filed with the First District Court of Appeal.
If you’ve been injured at work, make sure you have the representation you need to get the compensation you deserve. To learn more about filing your worker’s compensation claim, contact us at AllInjuriesLawFirm.com today.