If you are planning on filing a workers compensation lawsuit in the state of Florida, it is important to understand that there is a statute of limitations in place. This statute is a stipulation that terminates your right to make a claim for benefits or to sue for damages and compensation unless the individual can meet certain conditions. Essentially, the injured person has to file a lawsuit – or a Petition for Benefits – before the stipulated amount of time expires or their right to claim benefits ends. The statute was created to provide employers with a reasonable timeline as to how long a worker can receive benefits.
According to the law, an employee has a period of two years to file their Petition for Benefits from the date the accident occurred and up to one year after the last date of their received benefits.
Some tips to help protect your worker’s compensation claim are highlighted here. Keep in mind, hiring a workers compensation attorney can be beneficial, as well.
Document Everything Related to Your Workplace Accident
If you are injured at work, you need to document everything related to the accident. This includes when it occurred when you reported it and when you began seeking treatment. You should keep a copy of any and all documentation you receive from your employer, as well as medical providers. This will help ensure you have what you need to prove when an incident occurs and that you still have time regarding the statute of limitations that is in place.
It is a good idea to give your workers compensation lawyer a copy of these documents, as well. They may be able to find information that could help your case.
Report the Accident Right Away
If you wait to report the accident and injury that occurred while you were on the job, your employer may be able to build a case stating that the injury occurred elsewhere. If this happens, you may not be able to recover the damages you should receive. You need to inform your employer of the situation, how it happened and let them know any witnesses who saw the incident. Providing this information will indicate that you are being transparent in the process and not trying to hide anything.
Hire an Attorney
As mentioned before, it is a good idea to hire a workers compensation attorney for help with your case. Keep in mind, workers compensation is a type of insurance, which means the insurer is going to try and pay as little as possible. Your attorney will be able to negotiate a fair settlement based on the injury and damages you suffered.
Being informed and understanding the statute of limitations in workers compensation cases can help you know what to do if you suffer an injury while at work. If you need help with your worker’s compensation case, contact Scott J. Sternberg by calling him at (561) 687-5660.
Additional Resources:
- Is it Possible to Collect Workers’ Comp When You Are Fired?
- New Florida Bill Addresses First Responders Ability to Collect Workers Comp for PTSD
- How Child Support Impacts Your Workers’ Compensation Benefits
- How and Why Your Workers’ Comp Benefits Can Be Terminated