Workplace injuries and illnesses are common. According to Bureau of Labor Statistics, almost three million private employees suffered from diseases and non-fatal workplace injuries in 2015. After all, every job carries its own risk.
Fortunately, unless they are working in Texas, employees can file a workers compensation claim. They can use the money for treatment, post-recovery expenses, and income loss during treatment.
Workers compensation rules vary among states. If you are working in Florida, here are the basics.
Statute of Limitations
In general, you have thirty days since the accident to report the injury to your employer unless you fall in these particular cases. One of these is when you cannot get the needed medical opinion within the prescribed period.
In Orlando, Florida, most companies offer workers compensation insurance, an area of specialty in law by firms such as C.W. Smith Law, P.A., but there are also exemptions. A business that employs no more than four people can choose not to have the insurance.
But they need to place a written notice indicating the lack of such coverage within the work site where the employees and other people who perform services within the workplace can see it.
The state requires the employer to pay compensation or other benefits for any injury, disability, or death that arise in the workplace and while performing their jobs. But to make a claim, the employee needs to prove the job is a major contributing cause, which means it is 50 percent responsible for his or her injury.
The employee cannot file an insurance claim for a subsequent injury that occurs due to the original injury unless he or she can show the latter is a major contributing cause of the former. In any case, such cause needs medical certainty.
Due to the complexity of the laws, employees may want to file a dispute or require expert guidance. If you think you need to file a claim, contact a workers compensation attorney in Orlando, who can best represent your case to the insurer and the employer.