Do You Have To File Workers’ Comp If You Get Hurt at Work?

August 19, 2024

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Do you have to file workers’ comp if you get hurt at work? This is a common question many employees ask after being injured on the job. In fact, many questions pop up when facing this stressful, worrisome situation. What if I can’t work? What if my employer holds it against me? What if my injury leads to long-term physical limitations?

At Colling Gilbert Wright, we are happy to help answer your questions and bring a little relief to your worry:

If you are injured, you will want to file workers’ comp to receive benefits.
If you can’t work, you can receive a portion of your wages until you are able to work again.
If your employer retaliates against you, you may be able to sue them.
If your injury leads to long-term physical limitations that affect your ability to work, you may be eligible for additional benefits.

Florida’s workers’ compensation laws are meant to protect most workers. However, workers’ comp is a bureaucratic system that does not always work as intended. Various challenges can arise throughout the process that may compromise your benefits and leave you in a difficult situation.

The experienced workers’ compensation attorneys at Colling Gilbert Wright are here to help. Do you have to file workers’ comp if you get hurt at work? You’ll want to. If you have been injured on the job and have questions about your workers’ comp benefits, we have the answers you need.

Call us today at (407) 712-7300 to schedule a FREE case evaluation. We are proud to represent our neighbors here in Orlando and throughout Florida.

How Does Florida Workers’ Compensation Work?

The workers’ compensation system is designed to be a straightforward way for injured workers to receive benefits to help them cover the losses caused by their injuries. There are a few key steps along the way:

1. Notifying your employer & receiving medical treatment

You should not go to your regular doctor; instead, work with your employer to find a doctor covered by their workers’ comp insurance carrier. That said, if you need emergency care, do not delay—just notify the care staff that you were injured on the job so they can notify your employer.

2. Determining the severity of your injury & the benefits you are eligible to receive

There are different benefits available depending on how much they impact your ability to work. In many cases, injured workers are temporarily unable to work, in which case they qualify for Temporary Total Disability (TTD) benefits, which cover 2/3 of regular wages during the time you are unable to work.

3. Working with your care team to determine Maximum Medical Improvement (MMI)

If your injury leads to permanent impairment or disability, leaving you partially or totally unable to work, you will be eligible for Impairment Income Benefits (IIB), which will pay a portion of your wages based on the effect your injury has on your long-term earning capacity. On the other hand, if the injury leaves you permanently unable to work, you will be eligible for Permanent Total Disability (PTD).

While the process is meant to support injured workers, it’s important to recognize that there are still things you must do to receive benefits. Failure to follow these requirements can result in the denial of benefits.

If I’m Injured on the Job, Do I Have To File Workers’ Compensation?

If you wish to receive workers’ compensation benefits, you must report your injury to your employer. Your employer should then file the claim with their workers’ compensation insurance carrier within 7 days of being informed of your injury.

If they fail to notify their insurance carrier, you can contact the carrier directly to inform them of your injury. If your employer does not have their carrier information posted or does not carry workers’ compensation insurance, you can contact Florida’s Department of Financial Services to receive support.

Your employer failing to contact their workers’ comp insurance carrier or post their information where you can find it isn’t a very good sign. They could be making this difficult on purpose. We recommend getting in touch with a workers’ compensation lawyer to begin discussing your situation.

So, do you have to file workers’ comp if you get hurt at work? Technically, your employer should be the one to do so. But if they don’t, and your injury requires medical attention, you will have to file in order to receive the benefits you deserve.

How Do I Know If I’m Eligible for Workers’ Comp Benefits?

To be eligible for workers’ compensation benefits in Florida, there are a few criteria you must meet:

You must be an employee of a company that carries workers’ compensation benefits. Most employers are required to carry benefits. There are some exceptions, including companies with fewer than 4 employees and construction companies with no employees.
The injury must have arisen out of the course of employment. This means you must have been performing work-related activities when the injury occurred. For example, if you were driving home from work, you most likely would not be covered unless you were running an errand for your boss on your way.
You report the injury on time. You must notify your employer of your injury within the required timeframes to ensure you are eligible for benefits.

While you need to focus on healing from your injuries, you must also follow the requirements for filing a claim, especially when it comes to notifying your employer. If you don’t, you risk losing your much-needed benefits. A workers’ comp attorney can be of great value in ensuring that your claim is filed correctly and on time.

How Long Do You Have To File Workers’ Comp in Florida?

Employees have 30 days from the date of injury to notify their employer of the injury so they can begin the claims process. There are, however, a few exceptions, including:

If the employer already knew about the injury
If you were unable to determine that the injury was work-related without a medical opinion; in which case you would have 30 days after receiving the medical opinion to notify your employer
If the employer did not inform employees about the requirements for filing a claim

If you did not file a claim within the deadline and believe one of these exceptions applies, we recommend reaching out to the experienced workers’ comp lawyers at Colling Gilbert Wright as soon as possible.

What Does a Workers’ Compensation Attorney Do?

The workers’ comp process can work well enough that injured workers do not need to involve an attorney to receive benefits. However, there are situations when you should contact an attorney for assistance. These include:

If your benefits have been denied
If your employer retaliates against you for seeking benefits
If you receive fewer benefits than you believe you deserve
If you want to settle your claim
If the medical treatment you have received from your workers’ comp doctor has been subpar

Receiving workers’ compensation benefits usually means you are unable to pursue additional compensation from your employer for the losses you’ve suffered. Yet, while rare, there are instances when you may be able to sue your employer above and beyond workers’ comp benefits. For instance, if they intentionally caused your injury or were extremely reckless in their disregard for employee safety.

The Dedicated Lawyers at Colling Gilbert Wright Can Help

Do you have to file workers’ comp if you get hurt at work? Does your injury require more treatment than what a first aid kit can provide? Then, ideally, your employer has initiated the workers’ compensation process. If not, you will need to file in order to get the benefits you need.

If you believe you are being treated unfairly by the system or your employer at any point during the workers’ compensation process, it’s important to reach out to a workers’ compensation lawyer. An attorney can help you navigate the process to ensure your rights are protected and you receive the benefits you deserve.

At Colling Gilbert Wright, we believe that Florida workers injured on the job should not be left to the mercy of the system. Our goal is to help injured workers receive the benefits they deserve so they can focus on what matters most: getting better.

For a FREE case evaluation, get in touch with our Orlando workers’ compensation attorneys today.