On Behalf of Rosenthal, Levy, Simon & Sosa | October 22, 2024 | Workers' Compensation
If you suffered an injury or illness that was primarily caused by your work environment, you may be eligible to receive workers’ compensation benefits. Florida law requires that you report your accident or illness within 30 days to preserve your right to benefits. Even so, a workers’ compensation claim can be complex. Any evidence that supports your claim can be useful to ensure that you receive benefits.
In this blog, our West Palm Beach workers’ compensation lawyers discuss measures that you should take to increase the likelihood of a successful claim.
Report Your Injury to Your Employer
According to Fla. Stat. §440.185(1), an employee must report a work-related injury to their employer within 30 days. There are some exceptions to this timeline, including if the employer knew about the injury or if the injury could not be identified as work-related without the employee being examined by a physician.
If a medical opinion was required to determine the source of the injury, then the employee is still within the time constraints if they report the injury within 30 days of receiving a medical evaluation.
Document The Details of Your Injury
Before you forget, you should write down the details surrounding your accident or injury. If there is evidence of faulty machinery, you should take pictures of the equipment to support your claim. You should also take photos of any of your injuries, showing how severely you were hurt. If any of your co-workers witnessed your accident, you should get a statement from them.
Seek Medical Treatment
If your injury is an emergency, then you should visit the emergency room immediately. Otherwise, you will want to schedule an appointment with a physician authorized by your workers’ compensation insurance provider. Scheduling a visit with a physician gives you the best chance of recovery and also documents your injury.
Follow Up with the Insurance Company
Your employer is required to report your injury or illness within seven days to the insurance company. The insurer is required to send you an informational brochure three days after receiving notice. If your employer has not reported your work-related injury or illness, then you are allowed to self-report the injury to the insurance provider.
Reach Out to a Workers’ Compensation Attorney
If you have been injured in the scope of your employment or become ill due to toxic exposure at your workplace, you need a workers’ compensation attorney. A workers’ compensation attorney will ensure that a physician’s office submits medical bills directly to the insurance provider. A worker's compensation attorney will also make sure that you are receiving the full extent of benefits, including recouping lost wages. When you are injured, your focus should be on healing, not dealing with legal minutiae.
Aggressive Representation from a West Palm Beach Workers’ Compensation Lawyer
Each year, thousands of workers are injured while on the job. If you have suffered a work-related accident or illness, the attorneys at Rosenthal, Levy, Simon & Sosa would like to speak with you. To arrange a free case evaluation with our West Palm Beach workers’ compensation attorneys, contact us online or by phone today.
Gerald A. Rosenthal
Retired
Since opening the firm now known as Rosenthal, Levy, Simon & Sosa more than 40 years ago, Gerald A. Rosenthal has been a dedicated champion of the everyday hero – police officers, firefighters, teachers, nurses, construction workers, farm workers, and more. Passionate about preserving the civil rights of laborers, he has fought tirelessly against giant insurance companies who deny the injured workers their benefits. It’s not just the lawsuit Rosenthal fights to win – he is driven by the opportunity to restore his client’s quality of life.
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