The first step in receiving the workers’ compensation you deserve is reporting the accident to your employer. This must be done within 30 days of the accident. If your employer is paying your medical bills, presumably you have already reported the accident. Accidents should always be reported in writing using the proper forms.
In most states, companies are required by law to carry workers’ comp insurance, which covers medical bills resulting from work-related injuries. Once an accident occurs, your employer sends you to a doctor that works with their insurance company. This does not mean that your claim has been / will be approved.
You must file a worker’s compensation claim, even if your employer is covering the medical bills you have incurred so far. Without filing a claim, you cannot receive full compensation.
This means that your employer may not continue to pay all medical bills, or may decline approval of needed medical procedures, such as surgery. You also may be entitled to compensation for lost wages or pain and suffering. To receive these compensatory damages, you must file a claim.
Claims have a time limit. They must be filed less than 2 years from the date of the accident to be considered. Employers are barred from retaliating or discharging employees in response to a workers compensation claim.
Workers’ compensation claims are no-fault claims. This means that the law does not require employees to prove fault. Workers’ compensation pays damages regardless of fault.
All Florida companies must carry workers’ compensation insurance if employing more than four workers, or employing more than one worker if engaged in construction. A claim must be filed before the insurance company will make payment. All injured workers should consult an attorney about their rights. Insurance companies often try to settle claims for below their value.
A strong personal injury lawyer in Boca Raton can force the insurance company to pay the full value. If you have been injured in a work-related accident, contact K/S Law today at 561-939-8042 for a free case review.