Workers' Compensation Lawyer

How Long Do I Have to File a Claim After a Workplace Injury

Like most states, Florida requires employers to carry workers’ compensation insurance. Under this system, injured employees are entitled to compensation, and employers, regardless of fault, are protected from lawsuits related to workplace injuries.

There is a generally accepted process to filing a workers’ compensation claim. The employee reports their injuries, a doctor evaluates the employee, and the employer files the claim. If the claim is approved, the employee is compensated for the costs resulting from the accident.

In some cases, though, the employee waits too long to report the injury, or the employer waits too long to file the claim. Either of these things can cause a claim to be denied. After a workplace injury, everyone involved needs to act quickly.

To prevent a legitimate claim from being denied for lack of timely filing, understand the deadlines for reporting and filing after a workplace injury occurs.

Deadlines for reporting a workplace injury

In general, an employee who’s been injured in the job has 30 days to notify their employer after discovering the injury. If they do not report their injury within this time, they can lose their right to compensation.

However, the nature of some injuries makes timely reporting impossible. An employee with a repetitive motion injury, like carpal tunnel syndrome, may not realize what’s happening until their symptoms are debilitating. Even then, they may not know if the injury is work-related, as these injuries are caused by many different activities.

In the State of Florida, workers’ compensation law makes an exception for injuries that require a medical opinion. Once the employee is informed that the injury is work-related, though, they are required to notify their employer within 30 days.

Other considerations

Exceptions to the 30-day rule may be made in very narrow circumstances, such as when an employer has opted out of workers’ compensation insurance but didn’t notify employees, or when extraordinary circumstances prevented the employee from reporting the injury.

Waiting to report a workplace injury only creates unnecessary headaches for you later. If you’re unsure about the workers’ compensation system and you need advice, we’re here to help you. Contact our office by phone, email, or text message for a free consultation. Get started today!

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