If you are hurt while on the job, speak with a workplace injury attorney as soon as possible. You may be entitled to compensation, however, you must act swiftly. There are statutes of limitations regarding filing a personal injury claim in the state of Florida, and the more time that goes by before you file your claim the less evidence may be available to support your case.
Recovering from an injury, particularly if you are unable to work for any period, is a stressful and worrisome time for many. Follow these tips after an injury at work and always contact a workplace injury attorney as soon as you can after seeking medical treatment.
Seek Medical Treatment
Seeking medical treatment for your injury is the single most important element in your case. The sooner you seek treatment the better, both for your physical health and the strength of your personal injury claim. If possible, get care immediately. Whether you see your primary care physician, go to an urgent care center, or the emergency room at the local hospital, be sure to get documentation of your treatment.
While seeking care, be sure to let the medical professionals know the cause of your injury. Let them know where you were, what you were doing, and precisely how the injury occurred.
Notify Your Direct Supervisor
It is also essential that you make your workplace aware of the fact that you sustained an injury while on the clock. Notify your direct supervisor as soon as possible and keep documentation of this communication. To keep your eligibility for workers’ compensation benefits, report the injury to your employer within 30 days (Fla. Stat. § 440.185), and do it in writing so there is proof. However, the sooner you let them know the better your case will fare.
Speak with Human Resources
After you contact your direct supervisor, make sure that your company’s Human Resource Department knows about your injury as well. Do not assume that your supervisor will tell them, it is best to provide them with the necessary documentation yourself. They may have specific protocols to follow regarding documenting a workplace injury, and you need to follow each of them. If you do not yet have a workplace injury attorney now is the perfect time to hire one, as they can advise you on anything to be wary of when speaking with your company.
File a Claim with Workers’ Compensation
Next, make sure a claim is opened with your employer’s workers’ compensation insurance carrier so you receive the benefits you are entitled to. Florida has no workers’ compensation board. If the carrier denies or delays benefits, your remedy is a Petition for Benefits heard by a Judge of Compensation Claims. Legally, your company must provide you with all information regarding filing a Workers’ Compensation claim and the benefits you are entitled to as an injured employee.
As with insurance, there is a deadline: a petition for workers’ compensation benefits generally must be filed within two years of the date you knew or should have known the injury was work related, and once the carrier has paid benefits or provided treatment, within one year of the last payment or authorized treatment (Fla. Stat. § 440.19). The sooner you act the sooner you will begin receiving coverage, so don’t wait. Receiving workers’ compensation also does not close the door on a lawsuit against someone other than your employer, which we explain below.
Moving Forward
After you tend to your immediate medical needs and take care of all imminent paperwork and the notification of necessary parties, there are additional steps you must take to protect the legitimacy of your personal injury claim.
Speaking with a workplace injury attorney is the best route to go, as they will advise you on what communication is and is not a good idea to have with your company regarding your injury. Remember, any communication, including e-mails, text messages, and phone calls, may be used as evidence later in court. Your attorney may advise you not to speak with your company without them present. They may also advise you not to post on social media about the accident, or not post public remarks about your organization.
As you move forward through your personal injury case, follow all doctor’s orders and keep every appointment; a gap in treatment hands the insurer an argument that you were not seriously hurt.
Proper Documentation
Your case will be built on proper and precise documentation. Keep all medical bills, pharmacy receipts, receipts for medication, and any medical files you have that detail your injuries and prognosis. Additionally, document all of your lost wages and any further costs you incur. The more documentation you have supporting your case the better your settlement will fare. Provide all of this paperwork to your workplace injury attorney so that they can review the facts to properly evaluate your case.
Workers’ Comp vs. a Lawsuit: Which Do You Have?
Florida workers’ compensation is no-fault. You get medical care and partial wage replacement without proving anyone did anything wrong, but it is also the exclusive remedy against your employer (Fla. Stat. § 440.11), apart from a narrow intentional-tort exception that demands clear and convincing proof: no pain-and-suffering damages, no jury, and benefits that rarely cover the true cost of a serious injury.
The claim that changes everything is the third-party claim. If someone other than your employer contributed to your injury, and that party does not share your employer’s immunity, you may be able to pursue a full personal injury lawsuit against them in addition to collecting workers’ comp. Contractors and subcontractors that qualify as your statutory employer are immune as well, so who counts as a third party depends on how the companies involved were related.
- A negligent driver who hit you while you were working
- Another company on a shared job site that is not your statutory employer, the classic construction site accident claim
- The manufacturer of a defective machine, tool, or vehicle
- A property owner whose dangerous premises caused your injury
Third-party recoveries include everything comp does not, meaning full lost wages, future earnings, and pain and suffering, subject to reimbursing part of the comp benefits paid (Fla. Stat. § 440.39). Identifying a viable third-party defendant is the single most valuable thing a lawyer can do in a workplace injury case, and it is the first thing we look for in every free case review. If a workplace accident is fatal, the family may have a wrongful death claim against that third party as well.
Common Workplace Injuries
According to the United States Department of Labor Occupational Safety and Health Administration (OSHA), there are four workplace injuries that account for the majority of accidents on the job.
The most common workplace injuries include:
- Slips and falls
- Being struck or hit by a falling or moving object
- Electrocution
- Injuries resulting from getting caught either on another object or between two separate objects
However, there are millions of workplace injuries each year in the United States and yours may not fall into one of these categories. There are still legal processes in place to protect you, however, you should seek the help of a workplace injury attorney to maximize your settlement.
