Legal Question in Workers Comp in Florida

Yes, and it is a very important one. You have 30 days to report the injury to your supervisor. Request/demand he fill out a report (called a Notice of Injury) even if he does not agree that an accident happened. By law he is required to fill it out even if he disagrees. In rare instances, when the injury may not be obviously workrelated (repetitive motion or lifting, environmental claims) the claim can be reported later but this is very rare and usually requires a judges approval

An injured worker has 30 days to report an injury to his employer.

Reporting is a liberal standard. Can be actual or constructive knowledge. Exception exists if the injured worker didn't know it was work related. Then 30 days from that point.

The Statute of limitations is 2 years from the date of accident. Once that is preserved and benefits received or ordered, then the secondary statute of limitations is one year from the last day an accident related medical benefit was provided to the injured worker

That's why we encourage our clients to treat at least a yr to keep their case open.

If an employee is injured on the job, he or she must notify the employer within 30 days of the date of the injury, the date when the effects of the injury first become apparent, or the date when a medical expert first discovers the injury.

Failure to meet this deadline may threaten the employee's right to benefits. In a large company, an employee gives notice by informing his or her supervisor of the injury. In cases in which the employer reasonably should have known that the injury occurred, the employer is said to have "constructive notice."

After an employer has been notified of an injury, the employer must notify the insurance carrier within seven days by filing a Notice of Injury form. If a death has occurred, the employer only has 24 hours to notify the carrier. The employer must provide a copy of the Notice of Injury to the employee or the decedent's family. The Notice of Injury includes information about the employee's rights under the workers' compensation program. The Division of Workers' Compensation also provides employees with benefits information.

David Alan Karas, Esq.

T. 561.573.5822

E. [email protected]