Injured on the Job in Florida? Here’s What to Do Immediately
Workplace injuries can happen suddenly and without warning. Whether you slip on a wet floor, get hit on the head with falling objects, or suffer a more serious accident involving equipment, knowing what steps to take immediately can protect your health, job, and rights under Florida law.
If you have been injured on the job in Florida, the personal injury attorneys at DeCarlis & Sawyer can guide you through the critical actions of reporting the injury, seeking medical care, and filing a workers’ compensation claim.
Report the Injury Immediately
Under Florida law, injured workers must notify their employer within 30 days of the accident. However, it’s best to report the injury as soon as possible, ideally the same day.
You can report the injury to your supervisor, HR department, or employer representative. Make sure your report is documented in writing, even if your employer doesn’t require it. Some employers have specific injury forms, while others may accept a written or emailed statement.
Failure to report the injury within 30 days may result in a denial of the workers’ compensation claim unless you have a valid excuse (such as being hospitalized or unconscious).
Get Medical Treatment from an Authorized Provider
Under Florida Statutes § 440.13, once you report the injury, your employer (or their insurance carrier) must provide you with access to an authorized medical provider. In most cases, you cannot choose your doctor unless it is an emergency.
You may receive emergency treatment at the nearest hospital or urgent care clinic. After that, you must continue treatment through the provider approved by your employer’s workers’ compensation insurance.
Make sure to:
- Tell the provider that your injury is work-related.
- Follow the treatment plan exactly.
- Keep records of appointments and prescriptions.
If you are denied care or unsure who to see, contact your employer’s workers’ compensation insurance carrier or the Florida Employee Assistance Office (EAO) at 800-342-1741.
File a Workers’ Compensation Claim
Your employer is responsible for notifying their insurance company once you report the injury. However, following up and ensuring the claim was filed is wise.
The insurance carrier must send you a “Brochure for Injured Workers” (DFS-F2-DWC-60) explaining your rights and responsibilities. You should receive this within three business days of the company’s notification.
Suppose you do not receive anything, or your employer refuses to report the injury? In that case, you can file a Petition for Benefits directly with the Florida Office of the Judges of Compensation Claims (OJCC). Forms are available on the OJCC website.
What Benefits Might You Be Entitled To?
If your claim is approved, Florida’s workers’ compensation law provides several types of benefits:
1. Medical Benefits
Covers:
- Doctor visits
- Hospital care
- Physical and occupational therapy
- Prescriptions
- Medical devices (braces, crutches)
Only treatment from authorized providers is covered.
2. Temporary Total Disability (TTD)
If your doctor says you cannot work due to your injury, you may be eligible for temporary total disability benefits. These typically equal 66 2/3% of your average weekly wage, up to a statewide maximum.
3. Temporary Partial Disability (TPD)
If you can return to work with limited duty but earn less money, you may qualify for temporary partial disability benefits to make up some of the difference.
4. Impairment Income Benefits (IIB)
If your injury results in a permanent impairment after treatment ends, your doctor will assign you an impairment rating, and you may receive IIB based on that percentage.
5. Permanent Total Disability (PTD)
In rare cases, if you are permanently disabled and cannot return to work, you may receive PTD benefits for life.
Keep Documentation and Track All Correspondence
Maintaining complete and accurate records is crucial for a successful claim. Keep copies of:
- Injury reports
- Medical records and bills
- Communication with your employer or insurance carrier
- Wage statements or pay stubs before and after the injury
These documents will be important if your benefits are delayed, underpaid, or denied, and they will be vital if you need to appeal or attend a hearing.
Be Aware of Retaliation Protections
Florida Statutes § 440.205 prohibits employers from retaliating against workers for filing a workers’ compensation claim. That means your employer cannot legally fire, demote, or discipline you just because you were injured or exercised your legal rights.
If you suspect retaliation, you can file a complaint with the Florida Commission on Human Relations or seek legal advice from an attorney familiar with employment law.
Do You Need a Personal Injury Attorney to File a Claim?
While it is not mandatory, a personal injury attorney can be your ally, ensuring you meet deadlines and fighting for the full benefits you’re entitled to. Insurance companies are known to deny, delay, or undervalue claims. An experienced attorney can challenge their decisions and gather the evidence to support your case. If a third party is involved, they can potentially secure additional compensation through a separate personal injury claim.
Moving Forward After a Job Injury in Florida
Getting injured on the job can turn your life upside down, but Florida law gives you important protection and benefits to help you recover. Acting quickly and following the right steps, from reporting the injury to seeking authorized treatment and documenting your claim, can make a huge difference in securing the compensation you deserve.If your claim is denied or you run into roadblocks, don’t hesitate to seek help from a qualified workers’ compensation attorney.
Injured on the Job? DeCarlis & Sawyer Is Here to GuideYouAn injury at work can be physically, emotionally, and financially overwhelming. You may be unsure what to do next, whether your job is at risk, or how you will cover medical bills and lost wages. Many workers who get injured are unaware of their rights. ContactDeCarlis & Sawyer today at 352-371-3838 to schedule a consultation at our Gainesville, Florida, office. With over 50 years of combined experience, we are ready to guide you through every step and fight for you and your rights.