Miami Personal Injury Lawyer Blog
Being injured in a workplace accident can turn your life around, and the statistics unfortunately reveal that many employees are affected every year. According to the Florida Division of Workers’ Compensation (the Division), there are more than 58,600 claims filed statewide annually. The risks of on-the-job injuries prompted lawmakers to establish worker’s compensation laws decades ago, allowing qualifying employees to obtain financial benefits.
If you were hurt at work in Florida, it’s essential to understand the time limits involved in filing a claim. Missing important deadlines could put your benefits at risk. When you have assistance from a Miami workplace injuries lawyer, you gain confidence knowing that you will meet the relevant requirements. Plus, you can review a guide on how long you have to file a workplace injury claim in Florida.
Notification of Injuries to Employer
Under Florida law, employees are required to report workplace injuries to their employer within 30 days of the incident. Failure to notify your employer within this timeframe could jeopardize your eligibility for workers’ compensation benefits.
Prompt reporting strengthens your case while also ensuring that your employer has accurate records of the accident. Keep in mind that employers often have internal policies on injury reporting, so always check and adhere to your company’s specific procedures.
Filing a Claim with the Florida Division of Workers’ Compensation
Once you have notified your employer, the next step is to file a workers’ compensation claim. In Florida, you generally have two years from the date of injury to file your claim with the Florida Division of Workers’ Compensation. Filing within this period is essential to ensure your claim is considered.
However, waiting too long can complicate your case, as insurance companies might question the validity of delayed claims. Therefore, start the process as soon as possible to avoid unnecessary complications.
Suing in Court
In some cases, you may consider filing a lawsuit outside of the workers’ compensation system, such as if a third party contributed to your workplace injury. You would sue in court in a civil case, and these matters are usually based upon the concept of negligence. You will need to prove fault, whereas you do not need evidence of fault for workers’ comp.
In Florida, the statute of limitations for personal injury claims is typically two years from the date of injury. Consulting with a personal injury attorney is advisable if you believe your case may fall outside traditional workers’ compensation boundaries. Aside from the requirement of proving fault, you should note that you can recover damages that are not available for workers’ comp claims.
Reach Out to Our Miami Workplace Accidents Attorneys
To learn more about important timelines and legal requirements for workers’ comp claims in Florida, please contact Gerson & Schwartz, PA. Our knowledgeable team pays meticulous attention to detail for all important deadlines, and we’ll move your claim forward promptly. You can set up a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL, by calling (305) 371-6000 or visiting us online.
