- Workers' Compensation
Workers’ compensation is a crucial resource for Florida employees injured on the job. It covers medical expenses and lost wages while providing much-needed support during recovery. However, navigating the claims process can be complex, and missing crucial deadlines can jeopardize your rights to benefits. One of the most important deadlines is the workers’ compensation statute of limitations in Florida.
Injured workers generally have two years after an injury to file a workers’ comp claim in Florida. If you fail to meet this deadline, you may lose your right to benefits. However, there are several exceptions to this timeframe.
If you have been hurt on the job, contact our Fort Lauderdale workers’ compensation lawyers for help with your case.
The Deadline to File a Workers’ Comp Claim in Florida
In Florida, the statute of limitations for workers’ compensation claims is two years from the date of injury or from when you reasonably should have known about the injury. This two-year timeframe is essential because if you miss it, you could lose your opportunity to recover compensation for medical costs, rehabilitation, and lost wages.
It’s important to remember that not all workplace injuries are immediately apparent. For injuries that develop over time—such as repetitive strain injuries or occupational illnesses like respiratory conditions— the clock starts ticking once the injured worker becomes aware of the injury or is diagnosed by a medical professional.
The Secondary Statute of Limitations
Florida also has a secondary statute of limitations that applies to workers’ compensation claims. After filing the initial claim, if your employer’s workers’ compensation coverage does not fully cover all your medical needs or lost wages, you have one year from the last time you received medical care or wage loss benefits to file for additional compensation or reopen your claim.
This one-year limitation can be critical for individuals whose injuries require extended treatment.
Reporting Requirements: The 30-Day Rule
Before you even file a workers’ compensation claim, there’s a vital step: reporting your injury to your employer. Florida law requires injured workers to report their injury within 30 days from the date of the accident or from when they first realize that their injury is work-related. Failing to report your injury within this window could result in a denial of benefits, making it impossible to receive compensation.
Best Practices for Reporting Your Injury
Although the law allows verbal reporting of your injury, it’s highly recommended that you submit a written report to your employer. Written documentation ensures that there is clear, tangible evidence of the injury, which can be critical if the claim is ever disputed or challenged.
Your employer, in turn, must report your injury to their workers’ compensation insurance carrier within seven days. Your employer is required to file a First Report of Injury or Illness (DWC-1) form within this period if the injury results in time missed from work.
Exceptions to the Workers Compensation Statute of Limitations in Florida
Like many laws, Florida’s workers’ compensation statute of limitations has exceptions. Certain circumstances can “toll” or pause the statute of limitations, giving you more time to file your claim.
Minors and Mentally Incapacitated Workers
For underage workers (those under 18) or mentally incapacitated individuals, the statute of limitations does not begin until the person turns 18 or regains mental capacity.
If the injured worker is mentally unable to file a claim, the statute of limitations is typically paused until a representative or guardian is appointed.
The Employer Denies an Employment Relationship
If an employer denies that an employment relationship existed at the time of the injury and the court later determines that the injured person was, in fact, an employee, the statute of limitations may reset following the court’s ruling.
Fraud
If your employer or their insurance company intentionally misleads you regarding your right to workers’ compensation benefits, the statute of limitations could be tolled until the deception is discovered.
A Third Party Doesn’t Promptly Report the Injury
If someone other than the injured worker, such as a supervisor or safety officer, was supposed to report the injury but failed to do so in a timely manner, the statute of limitations might be extended.
Delayed Discovery of Injuries
In some cases, you may not realize that your injury is work-related right away. For instance, workers who develop conditions such as carpal tunnel syndrome, hearing loss, or respiratory diseases may not know their symptoms were caused by their job until weeks, months, or even years after exposure.
In these cases, the statute of limitations begins when you should have reasonably known that the injury was work-related. This is particularly important in cases involving:
- Repetitive stress injuries: These injuries occur over time from repeated motions, such as typing or lifting. Often, workers don’t realize they are injured until they start experiencing pain or receive a diagnosis from a doctor.
- Occupational diseases: Certain illnesses, such as asbestosis, may develop long after the worker has been exposed to harmful substances in the workplace.
In both scenarios, the clock begins ticking once the injury or disease is discovered, rather than when the harmful exposure occurred.
How a Workers’ Compensation Lawyer Can Help
Navigating the workers’ compensation process can be overwhelming. A workers’ compensation lawyer can provide invaluable support by handling the legal complexities of your case. Here’s how a lawyer can help:
- Filing and managing your claim: An attorney ensures that your claim is filed correctly and within the legal deadlines, reducing the risk of denial due to paperwork errors or missed deadlines.
- Maximizing your workers’ compensation benefits: Lawyers are skilled at ensuring injured workers receive all the benefits they deserve, including compensation for medical expenses, lost wages, and future treatment needs.
- Appealing denied claims: If your workers’ comp claim is denied, a workers’ compensation lawyer can guide you through the appeals process, helping you present a strong case and improve your chances of receiving benefits.
- Negotiating settlements: Many workers’ compensation claims are resolved with a settlement. An experienced attorney can negotiate a fair settlement that fully compensates you for your injury and future needs.
By working with a knowledgeable lawyer, you can focus on your recovery while ensuring your legal rights are protected.
Contact Us Today for a Free Consultation
The Florida workers’ compensation statute of limitations plays a crucial role in determining whether injured workers can recover the benefits they deserve. Failing to report your injury or file a claim on time can mean missing out on medical treatment, lost wages, and the financial support you need during recovery.
Our team at the Workers Compensation Lawyers Coalition is dedicated to helping injured workers in Fort Lauderdale, Miami, and across Florida. Reach out today for a free consultation and let us guide you through the process so you can focus on your recovery.