Filing a Workers Compensation claim can be challenging, especially ensuring you get all the deserved benefits. If not done correctly, one may lose their ability to get compensation. The following are the steps for filing a worker’s compensation claim with an attorney or workers’ comp Tampa lawyer.
The first step in filing a claim is to report the incident as soon as possible. Though Florida requires one to file the case within 30 (thirty) days, it is advisable to report the injury as soon as it occurs. This is to help build a stronger case and avoid the risk of denial of benefits. Filing is done by giving notice to someone at a managerial position.
In the event that the victim is not able to personally file for the claim, example due to hospitalization, a formal notification can be excused provided the employer is made aware of the existence of the incidence.
Provide necessary information
The employee should then provide detailed information of all witnesses, when, where and how the injury or illness took place.
The employee should then get examined to assess the full extent or severity of the injury or illness. The employer should provide the list of all authorized medical providers. These medical providers should be approved to handle workers compensation cases.
Obtain medical evidence
Medical evidence is the most important evidence for workers compensation claims, and is used to determine the severity of the party’s injuries. There however should be a direct link between your job and the cause of the injury. Evidence provided by the doctor will go a long way in helping you get the benefits available for the injury.
Compensation starts once the comp carrier has been notified. The comp carrier pays the medical bills, partial income and all other benefits available to the victim.
To ensure compensation, file the claim with the Florida Division of Workers’ Compensation within two (2) years of the injury or illness. Consulting a qualified attorney will increase the chances of getting all the deserved benefits.
The workers compensation law also known as workers compensation insurance is a law that safeguards and provides benefits to workers regardless of the nature of their employment. The law provides assistance in terms of cash or medical care to workers who have been injured or fall sick during their duties in their respective jobs.
Any form of claim is usually paid if the insurance company or the employer agrees that the injury or illness was primarily work related. In circumstances where the employer disputes the claim and refuses to release any form of benefits, the worker can lodge a case in court. The compensation law judge usually listens and decides who is right and who ought to be paid. If the judge rules that the worker was injured in her day to day work, and the employer still refuses to own up, the Workers Compensation Board steps in. In situations where the board intervenes, it does so by determining if the insurer will release the cash benefits to the grieving worker. The board is usually state owned and it functions by processing any forms of claims or complaints.
A worker may still be eligible to receive disability benefits in situations where the insurance company and the employer still argue that the injury or illness is not work related. Any forms of payments made under the Disability Program are however subtracted from the workers futures compensation unlike when the employer wins the case.
In severe situations such as severe injuries leading to disabilities, the affected worker is usually subjected to extra compensations in terms of salary. This usually happens when the worker has reported back to work but some injuries are preventing him or her from perfectly performing her duties. The salary wages may accumulate to two thirds of the original compensation.
According to the current law, the employers but not the employees are subjected to pay for this insurance. On the other hand, any form of cash benefits are usually paid by the employer’s insurance company or carrier. Any forms of benefits are set by the Workers Compensation Board.
The workers compensation laws govern the workers in any given organization. They are designed to ensure the medical coverage for the employees and limit the liability to the employers in case of an injury. These laws are very crucial in any given organization as they protect the rights of the employees. The employees get compensated in case there is an accident or an illness attacks them while on duty.
It covers several incidences, for example if there is a serious injury while one is working the medical bills should be shouldered by the employer. The laws also cover minor injuries and the reason is because the employee got injury while working.
The employee has a right to sue the employer in case he defaults in compensating. This is a very critical issue which all the organization s must adhere to very well. They involve the payments of bills and compensating the employee when they have been affected negatively by a bad physical situation while in line of duty.
There is a need for a review about these laws by the workers compensation board and should be calculated through analysis of the injury before getting the medical treatment. The insurance has the right of terminating the benefits on your claim until the workers compensation board reviews your claim and makes a decision in regard to the actual facts.
There are cases where employees can also decide to fake injuries in order to get compensated. This is highly common in various organizations. These include minor injuries which employees claim to get compensated. Lingering is also common where employee usually stays at home in pretence of being sick.
Advantages as a result of these laws
The advantages of these laws favor the employees in most cases. The reason is that employee experiences fewer costs that are required during the treatment. The organization pays these expenses on behalf of the employees. It also leads to good relationship between the employer and the employee. This also leads to a better working condition in the organization. Therefore all the business organization should be ready to respect and adhere to workers compensation law.