Legal Question in Workers Comp in Florida

Re: job injury

If your employer carried workers' compensation insurance you are entitled to have all your medical costs and your lost time paid for. If the employer has refused to file a report of injury, you need an attorney to represent you. In additon to workers' compensation you may be entitled to sue your employer for the company negligence. To find out more, call a Florida bar board certified workers' compensation lawyer, TODAY.

Re: job injury

Your employer is REQUIRED to report the accident to her workers compensation carrier within 7 days of notice, whether she agrees that there was an accident or not. Your health insurance company is going to seek repayment, which is called subrogation. Somewhere at your work there should be a poster advising you of the workers compensation carrier. If you can't find it and your employer is unwilling to report the accident, you can report it yourself by calling the Division of Workers Compensation in Tallahassee. If your employer retaliates and terminates you, and you can prove it, there is a civil claim under florida statute 440.205 that you can file. As for the claim itself, the fact that the property was damaged and employer knew it, is totally irrelevant. Workers compensation in Florida is a no fault system. Negligence is not required nor are there larger benefits if there is negligence. You are entitled to FREE medical care and reimbursement of your co-payments. But be warned, there is a statute of limitations which means, if you don't file that claim within a year of its occurance, you will never be able to. As it is, the insurance company may claim that the accident was not reported timely. As for your employer not reporting the accident, the employer can be fined by the state and the insurance company can drop them, but that doesn't get you any extra benefits. Don't delay. File the claim.

Re: job injury

Contact the Employee Assistance Office and file the claim yourself. Becasue the employer had actual notice of the injury they are on the hook as long as they have coverage. If they deny your claim, you can turn around and sue them for the hazardous condition on the property that caused your injury. They can't deny you comp coverage and claim immunity under the statute at the same time.