If you are injured at work in an accident, you may qualify for Workers’ Compensation. Your employer is likely required by law to carry the insurance needed to provide these benefits, and you should speak to an attorney about filing a claim right away.

To start your Workers’ Compensation claim, you must report your injuries to your employer within 30 days. We must prove that the accident is sufficiently related to your job before you can be approved for benefits. Not only that, but you may have to see doctors approved by your employer’s insurance. Benefits may include medical care, a portion of lost wages, and possibly more, depending on your specific situation.

Start your case with a free legal review by calling our Workers’ Comp lawyers at the Graves Injury Law Firm at (305) 614-2767.

How to Begin a Workers’ Comp Claim After a Work-Related Accident in Ft. Lauderdale

Your employer and their insurance company will be involved, and you should have a lawyer who can look out for your best interests throughout the legal process.

Reporting the Accident to Your Employer

First, report the accident to your boss as soon as possible. Injured workers have 30 days to report their injuries to their employers. If you do not report your injury within this time, your claim could be denied.

Reporting to the Employee Assistance and Ombudsman (EAO)

You may seek help from the EAO when filing a Workers’ Compensation claim. You have no more than 2 years from when the accident at work happened, or from when you realized your injuries, to report them to the EAO.

Remember, you must still report your injuries to your employer within 30 days to prevent your claim from being denied.

Proving the Accident is Sufficiently Work-Related

Next, we must establish that the accident is within the scope and course of your employment. Under Florida law, a work-related accident must be a “major contributing cause” of your injuries. More specifically, it must be more than 50% related to your job to be considered sufficiently work-related.

Medical Care

Under Florida law, the insurance company has the right to select the doctor who will treat you for your injuries from a work-related accident. Refusing to see the doctor the insurance company selects might prevent you from moving forward with your claims.

It may be possible to switch to a different doctor, but you should not attempt to do so without speaking to our Workers’ Compensation attorneys first.

You may see any doctor after the accident occurs, as many accidents can be serious and workers may require immediate emergency care. Even if it is not an emergency, still have someone drive you. However, the insurance company may want you to use their chosen doctor if it is follow-up care or a non-emergency, and you have time to check with them first.

What Benefits Are Available Through Workers’ Compensation?

Workers’ Compensation may provide various benefits based on your eligibility.

Reasonably Necessary Medical Treatment

Workers’ Compensation should cover the cost of all reasonably necessary medical care related to your work injuries.

A Portion of Lost Income

Unfortunately, Workers’ Comp covers only about two-thirds of your lost income. This number is based on your average weekly wage from before you were injured. The exact amount of your compensation depends on your previous earnings and whether you are totally or only partially incapacitated from working.

Permanent Impairments

If your injuries are permanent and come with certain physical impairments, you may receive additional compensation. For example, if a worker lost an arm in a work-related accident, they may claim compensation for the lost limb in addition to benefits for medical care and lost wages. Our Workers’ Comp attorneys will help you calculate any benefits for permanent impairments.

Death Benefits

If your loved one passed away because of injuries sustained in a work accident, you may be entitled to certain death benefits through Workers’ Compensation, including the following:

  • Funeral expenses up to $7,500
  • A portion of the deceased person’s average weekly wage, with total compensation limited to $150,000
  • Educational benefits for qualifying surviving spouses.

Can You File a Lawsuit if You File a Workers’ Compensation Claim in Ft. Lauderdale?

While lawsuits are possible for work-related injuries, your ability to sue your employer is heavily restricted.

Workers’ Comp as the “Exclusive Remedy”

In Florida, when an employee is injured in a work-related accident, they cannot sue their employers for work-related accidents, except under special circumstances.

Suing Third Parties

You are always free to sue third parties for a work-related accident. Such parties exist outside the employer-employee relationship and are not protected by Workers’ Compensation laws.

Common examples of third parties include customers or clients who cause accidents, negligent manufacturers of dangerous or defective equipment, and trespassers who tamper with your work site.

When You Are Allowed to Sue Your Employer

You may sue your employer under two circumstances:

  • If they fail to carry the necessary Workers’ Compensation insurance
  • If they caused your injuries by committing an intentional tort.

FAQs About Workers’ Comp Claims in Ft. Lauderdale

When Should You Begin a Workers’ Comp Claim?

You must report the accident to your employer within 30 days, and you should contact a lawyer for help shortly after receiving medical attention. The longer you wait, the more gaps there are in your case, and the harder it might be to obtain fair compensation.

Do You Have to File for Workers’ Compensation After an Accident?

You are not required to file a Workers’ Compensation claim after a work-related accident, but there are no other available legal options if you hurt yourself, your employer or a coworker is wholly responsible, no third parties can be blamed, or it was a freak accident with no breach of duty.

Can You Sue for Damages if You Also File a Workers’ Comp Claim?

Maybe. You are free to sue third parties for damages if you have evidence that they are responsible for the accident, but you likely cannot sue your employer.

If you get paid for the same damages through both Workers’ Comp and a lawsuit, the Workers’ Comp insurance carrier may demand that you pay them back for the money they already spent on you out of the winnings in your lawsuit.

What Benefits Do You Get from Workers’ Compensation?

You may receive coverage for reasonably necessary medical treatment, a portion of your lost income, and permanent impairment benefits. If you lost a loved one in a work-related accident, you may be entitled to death benefits that will pay for funeral costs, your lost financial support from your loved one, and possibly more.

Ask Our Ft. Lauderdale Workers’ Comp Attorney for Help with Your Claims

Start your case with a free legal evaluation by calling our Workers’ Comp attorneys at the Graves Injury Law Firm at (305) 614-2767.