Filing A Work Report To Protect Your Claim
Experiencing a work-related injury significantly alters your ability to work and live your life. However, understanding the steps in filing a workers' compensation claim is not just essential but empowering. How you report your injury (and how it is documented) influences the outcome of your claim. Being aware of your responsibilities, as well as those of your employer, will streamline the process. By following the proper procedures, you will be better positioned to receive the benefits you need after an injury.
How to Report Your Injury
If you get hurt at work, immediately report the injury to your employer. While it is okay to tell your employer verbally, it is best to put it in writing. Document the incident with something as simple as an email. For your records, include the name of the person you reported it to and the date of the report. This will be important later if there are any issues with your claim.
Florida law gives you 30 days to report your work injury, although it should be done as soon as possible. The timeline starts either from the date of the accident or from the day a doctor tells you that your injury is work-related. Your claim might be denied if you do not report the injury within 30 days.
Failure to report within the given timeframe can result in your claim being dismissed by the workers' compensation insurance carrier. If your employer does not cooperate in reporting your injury, you can find the insurance carrier's information on the "broken arm" poster that should be displayed in your workplace. This poster provides the necessary details to report the claim yourself if needed. This is also something an attorney can assist you with if you contact them soon enough.
Your Employer's Responsibilities Post-Injury
Employers also have specific responsibilities regarding injury reporting. If the injury only requires first aid, the employer will not have to report it to their insurance carrier. However, they must maintain detailed records of the incident, including the employee's name, the date and time of the accident, and a description of the injury.
For more severe injuries requiring medical treatment, the employer must report these injuries to their insurance provider within seven days. This type of claim is known as a "Medical Only Claim." Employers must use a DWC-1 form to report these injuries. If the employer delays this report, they can be fined. When the injury results in the employee missing more than seven days of work, it is categorized as a "Lost Time Claim."
In these cases, the employer must submit the DWC-1 form and file a 13-week wage statement within 14 days to establish the employee's average weekly wage and corresponding compensation rate. Employers must report work-related deaths within 24 hours to the Division of Workers' Compensation. This timeline is shorter than the mentioned requirement for contacting their insurance carrier within seven days. Compliance with these reporting requirements helps ensure injured employees receive their due benefits promptly.
Get the Compensation You Need After Your Accident
If you've been injured at work, act swiftly. Reporting your injury immediately is the key to laying the foundation for your future claim. If you've been injured at work or feel your employer isn't meeting its obligations, don't hesitate to contact our office for a free consultation. Our team is here to guide you through the process and ensure all necessary steps are taken.
