Legal Question in Workers Comp in Florida

I hurt my wrist at work - can I clain compensation?


Asked on 6/14/10, 8:12 am

2 Answers from Attorneys

Jane-Robin Wender Wender Law, P.A.

Yes, but first you must notify your employer. You have only 30 days to do that. You must insist that they fill out a form called "Notice of Injury" and you must request in writing that you want to see a doctor. Your employer's insurance company has the right to chose all of your doctor's so make sure you don't go on your own unless they refuse to authorize somebody.

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Answered on 6/14/10, 1:21 pm
David Alan Karas, Esq. Karas Laws, P.A.

Only if you have complied with Florida's Notice of Injury statute 440.185 which states: "An employee who suffers an injury arising out of and in the course of employment shall advise his or her employer of the injury within 30 days after the date of or initial manifestation of the injury."

The failure to advise the employer will bar a "claim for compensation" unless: (a) The employer had actual knowledge of the injury; (b) The cause of the injury could not be identified without a medical opinion and the employee advised the employer within 30 days after obtaining a medical opinion indicating that the injury arose out of and in the course of employment; (c) The employer did not put its employees on notice of the requirements of the 30 day time period by posting a notice poster pursuant; or (d) Exceptional circumstances, justify such failure.

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Answered on 6/14/10, 1:32 pm


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