If you are injured on the job in Florida, it is imperative that you report the injury to your supervisor as soon as possible, regardless of severity. Even though an injury may seem very minor, a report still needs to be made, in case the injury becomes worse later and medical treatment or time off of work are required. Major injuries also need to be reported promptly, as do illnesses caused by working conditions.

Florida law requires the employee provide notice of the injury to the employer within 30 days of its occurrence. For example, if a worker fell and sprained his or her ankle, the worker needs to report it as soon as possible. If the worker waits more than 30 days, the claim is automatically denied. Unless the worker can plead a special circumstance, a workers’ compensation court will uphold the denial.

An exception to the 30-day rule occurs when symptoms of the injury or illness onset slowly. In the sprained ankle example, it’s reasonable to assume that the employee knows the moment he twisted his ankle. Though he may not know exactly how bad it is for a few hours or until the next day, a sprained ankle swells up quickly, so it’s unlikely he or she could get an exception to the 30-day rule.

A worker who slowly develops a back problem, carpel tunnel syndrome, or a disease will obviously have no way of pinpointing an exact time or day the injury occurred. In that case, the day the employee becomes aware of the injury or aware that it was caused by work substitutes for the day of the accident. The employee has 30 days from his or her awareness to report it to the employer.

Many claim denials hinge on whether proper notice was given. Insurance companies often try to deny claims on this basis as a first line of defense. Though they may deny the claim based on the 30-day rule, they may misapply this rule, especially in cases where the injury came on over time. Also, exceptions may apply to individual cases. Never accept an employer’s denial without speaking to a lawyer. Contact Winters & Yonkers to consult a top personal injury attorney Tampa.

Workers’ Compensation Benefits

Workers’ compensation insurance provides for all medical treatment related to the injury or illness. When an injury occurs, the worker will be sent either to the emergency room or to see a doctor that works with the company. In either case, the company’s doctors will ultimately have great influence in how the claim is treated and even if it is approved. Any employee who feels they are not receiving the best medical treatment should consult with a workers’ compensation lawyer.

Injured workers also receive compensation for lost wages. Injuries often mean days, weeks, and even months off of work. Some cases result in permanent disability. Most employees are financially unable to handle long-term losses in income, so workers compensation provides replacement income.

Cases of severe injury can also result in pain and suffering awards. Many times, injuries of illnesses cause significant pain, as well as inability to engage in normal life activities. These losses are compensable.

Regardless of the reason or who is at fault for an accident, employees are entitled to worker’ compensation benefits. When insurance companies deny good claims to save money, good, hard-working people suffer. If you have had a workers’ compensation claim denied, assert your rights by calling a Winters & Yonker, personal injury attorney Tampa.