Workers Compensation Law

The DO’s and DONT’s of a Workers Comp Case

Workers’ compensation is a convenient benefit that is available for Floridians who get hurt on the job. The benefit assisted more than 48,000 workers filed claims in 2015. The benefit covered burns, punctures, lacerations, scrapes, sprains, broken bones and so much more.

All employers that have more than four employees on their team must obtain workers’ compensation insurance for their workers. The benefit protects a portion of the employee’s earnings so that the employee can survive during the healing process.

The following is some information that defines the Do’s and Dont’s of a workers’ compensation case:

Do Report the Injury to the Supervisor Immediately

One of the first things that an employee must do is notify the supervisor on the job immediately. The supervisor is the one who will have to file the claim with the insurance company.

Florida laws ask that newly injured employees report their injuries within 30 days after the incident. Failure to do so could cause an irreversible denial for the person.

Furthermore, it is best not to leave gaps between injury dates and report dates because the gaps could cause confusion during the investigation.

Do Follow Up With the Employer

The injured employee should follow up with the employer to ensure that the employer has filed the necessary paperwork. The employer only has seven days from the date of the initial notification to file the necessary paperwork.

The employee should stay on top of the claim to ensure that everything goes smoothly for him or her. The insurance company will send the employer a notice of claim receipt approximately three days after the employer files the claim. An injured employee could ask to see that documentation.

Do Seek Medical Attention

An injured employee must seek medical attention as quickly as possible after the injury. The person will have to visit the doctor that the employer or the insurance company recommends, but that should not stop the person from seeking assistance.

Also Read : Workers’ Compensation Medical Benefits

Do Gather the Appropriate Documentation

The injured party should ask for copies of all documentation that relates to the work injury. The employee may need that information if the insurance company denies the claim for some reason.

The injured person should have copies of X-rays, medical report, bills, prescriptions and like. Some employees have to hire an attorney, and it is best for such people to have all the documentation ready.

Don’t Ignore the Injury

Many workers make the mistake of letting their injuries slide, just to have those injuries come back and bite them where it hurts.

Such people may believe that they are being kind to the employer, but that same employer may terminate them if they cannot perform their job tasks.

All injuries that cause the employee to miss work are eligible for workers comp case review. A workers compensation lawyer can help explain the victim’s rights.

Also Read : Types of Workplace Injuries

Don’t File the Wrong Kind of Case

Workers comp cases are not contingent upon fault, but personal injuries are. An employee who receives an injury that is caused by the employer’s neglect may be eligible for personal injury compensation.

Personal injury compensation goes by the extent of the neglect and the cost of the damages rather than a percentage of the injured person’s income.

The injured person can only file one type of case, so it is best if that person consults with an attorney about which case to pursue. A consultation takes only an hour, and it is worth the time.

Don’t Work Outside of Your Limitations

An injured worker should never come back to work before the doctor’s recommendation or work beyond his or her limitations that the doctor sets.

For example, a person with an injured back should never pick up boxes if that is beyond that person’s limitations. It is not wise for a person to do that even if the employer asks the person to do that.

In fact, doing so could cause a new injury. Any employee who is forced to work beyond his or limitations has the right to contact an attorney.

Don’t Fail to Contact an Attorney for a Denied Claim

An attorney can assist with any part of the workers’ compensation claim process. The attorney could provide the injured person with information on what type of case to file.

The attorney could also provide the person with assistance with a denied claim. Scott Sternberg & Associates are attorneys who can handle a broad range of cases and have them end on a positive note.

The firm offers a free consultation, which means that injured workers have to bear no burden. They can simply call the office and schedule a consultation with a workers compensation lawyer. The lawyer will advise the best strategy for the two of them to take to get maximum results.

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