An injury in the workplace can result in unwanted medical bills and loss of wages while you recover. The state of Florida makes provision for employees to claim compensation from their employer if the injury occurred at work and while engaged in work-related activities.
Reporting your injury will allow you to cover your medical costs as well as recover loss of income during your recovery period.
Miami 360 workers’ compensation lawyers are there to assist you with reporting your injury to ensure that you are fairly compensated. Give us a call today and schedule a consultation if you have been injured at work and need to report the injury.
How Long Do I Have To Report A Workplace Injury In Coral Gables, Florida?
You have 30 days from the date of the incident that caused the injury to report it to your employer. However, it is recommended to report the injury as soon as possible, if not immediately. Every day that you fail to report it, you will be forfeiting benefits that are legally owed to you.
Plus, your employer or their insurance provider can use this as a reason to deny your benefits. If you miss the 30-day deadline entirely, then your employer has the right to deny you any benefits. This means that you will not be compensated for your medical treatments and you will lose income benefits.
To Whom Should I Report A Workplace Injury?
You can’t report the injury to just anyone in the company or business that you work for. The report should be made to someone in authority such as a supervisor or a manager. If your company has an HR (Human Resources) department or person, the injury should be reported to them as well.
While the report doesn’t legally need to be made in writing or recorded, it is recommended to keep your own record of the date you reported the injury and to whom the report was made. Some companies may require that you complete an incident report. If you don’t want to complete the report but feel that you are being pressured to do so, contact Miami 360 for assistance.
What Are The Employers’ Responsibilities After A Workplace Injury?
Your employer is first and foremost responsible for providing immediate medical assistance – whether this be first aid for a minor injury or calling emergency medical services to take you to the hospital for a more serious injury.
The employer is obligated to report the incident and injury to their insurance provider as soon as possible or within at least 7 days of the injury being reported to them. They are not required to report minor injuries that will not require medical treatment by a doctor. The employer and/or insurance company will conduct an investigation into the incident to ensure that the resulting injury is compensable or covered for compensation.
An employer is also required by law to report serious injuries to OSHA (Occupational Safety and Health Administration). A serious injury is considered to be an injury that requires hospitalization or results in the loss of a limb or vision.
Your employer must offer you “light duties” if you are able to return to work but not perform the tasks that you did prior to the injury. They are required to pay you full income benefits if they are unable to offer light-duty work or if you are unable to perform light duties.
The employer must provide you with a list of doctors that are authorized by their insurance carrier to provide medical treatment for workplace injuries. The insurance provider will also provide the name of a doctor if a second opinion is required.
What Are The Employees’ Responsibilities A Workplace Injury?
First and foremost, it is your responsibility to report the injury to your employer as soon as possible.
You are also responsible for choosing a doctor to treat your injuries from the authorized list provided by your employer. You must follow the instructions from the doctor in order to receive benefits. If you disagree with the diagnosis or treatment provided by your chosen doctor, you have the right to a second opinion. The second opinion must be from a doctor that is provided by the insurance carrier for your employer.
You are obligated to return to work as soon as you are able and your doctor clears you for work. Your doctor may recommend light duties until you are able to fulfill your regular duties at work in order to get you back to work quickly. However, if you feel that you have not fully recovered and are being pressured to return to work when you are not yet able, contact Miami 360 workers’ compensation lawyers for assistance.
It is also important to stay in communication with your employer while you are being treated and you are recovering. Respond to communications from them and let them know when you will likely be able to return to work. However, if you are being represented by a Miami 360 lawyer, then you should not have any communication with your employer or their insurance carrier regarding your injury, treatment, or any other factor related to the injury. We will stay in contact with them and take care of your legal issues leaving you to focus on your recovery.
Injuries in the workplace are a common occurrence but at the end of the day, it is the employers’ responsibility to provide medical treatment and to ensure that you receive an income while your recover. On the other hand, your employer and their insurance carrier will do their utmost to avoid paying for your medical needs and your wages.
You need a lawyer to ensure that you receive the medical treatment that you deserve in order to recover from your injuries as best and as quickly as possible. Your lawyer will also ensure that you don’t lose your income while you are recovering from your injury and unable to work.
Contact Miami 360 workers’ compensation lawyers today to get advice if you need to report a work-related injury.