Florida Workers Compensation Time Restraints
In any workers compensation claim, time is of the essence. It is always best to act immediately when you’ve been injured a work related incident. In recent news, Florida has received some criticism over its Workers Compensation time restraints. More specifically, in a recent 5-2 vote, Florida’s Supreme Court overturned a law previously restricting an injured worker’s payout to two years.
Prior to this Florida Supreme Court Decision, injured workers receiving disability payments were barred from payment after a period of two years. During this time, many injured workers were stuck in limbo due to their injuries being too severe to return to the work place all while being required to wait and see if recovery was still a possibility.
This court decision is just one example of how Florida’s Workers Compensation time restrictions can play a major role in the outcome of an employee’s claim.
Before an employee can begin the process of seeking compensation for his or her injuries, the worker must first meet Florida’s time restraints on reporting work-related injuries.
For employees injured on the job, Florida provides a 30 day period from the injury date or from the manifestation of the injury, to report said injuries to their employer. In the event that an employee misses the 30-day deadline to report his or her injuries, compensation for said injuries will be barred.
Florida provides a few exceptions to the 30-day rule. An employee may avoid being barred from compensation if any of the following applies:
- The injury requires a medical opinion to determine the cause, and the employee notified his or her employer within 30-days after receiving a medical opinion showing that the injury was a result of a work-related activity;
- The employer or an agent of the employer had actual knowledge of the employee’s injury;
- There are exceptional circumstances surrounding the injury that does not fall within the list of exceptions (including death); or
- An employer failed to provide a posting notice listing Florida’s worker’s compensation reporting requirements, thus failing to notify its employees of these requirements.
30 days may sound like a decent amount of time to report your injuries to your employer, but for some individuals whose injuries require a medical opinion, this can be complicated. If you were injured at work, you must act fast to avoid losing the ability to file a claim.
At The Hoffman Firm Evan Hoffman is equipped to take on your employer. Dealing with your job, insurance companies, and doctors can be extremely overwhelming. Seek the advice of a Workers Compensation attorney who can advocate for you, and work towards the best solution for your circumstances.
This firm is committed to providing you with excellent legal representation, and working tirelessly on your behalf. Call The Hoffman Firm now or fill out our online survey to schedule a free consultation.
Credit: Sunshine State News
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More