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When Is It Time to File a Work Comp Claim in Florida?

by FranksKoenig NeuweltOct 30, 20180 comments

When Is It Time to File a Work Comp Claim in Florida?

Advice from a Workers Compensation Lawyer in Palm Beach

Palm Beach Workers Compensation Lawyer

We had a call from an injured worker who was seeking workers’ comp legal advice about whether he could waive his right to file a claim under work comp if he settled an employment related claim. While speaking with the caller it was clear that he would lose his claim for work comp benefits if he signed the agreement provided.

We asked why he had not filed a claim or hired a workers’ compensation lawyer. He advised he didn’t think it was the right time. When asked when he thought the right time would be to file would be, he said he didn’t know.

If you don’t know when it is the right time to file, how do you know when it isn’t the right time? Luckily, the caller made the correct decision to contact an experienced work comp injury lawyer and we were able to help.

This was not the first time we have heard callers tell us that they didn’t know when to file or provided us reasons why they didn’t file before calling us. Here are a few reasons why people do not file:

1. – I wasn’t allowed to file.

Please know that if you are hurt at work in Florida your employer is required by law to report the accident or injury to their workers’ compensation carrier. They do not get to choose who gets to file a claim and you do not need permission to file a workers’ compensation claim.

2. I was worried they would fire me.

In Florida, if an employer fires, or threatens to fire, an injured worker in retaliation for requesting to file a workers’ compensation claim they are liable for damages which can be pursued in civil court. The damages that can be obtained in this lawsuit can be much greater than in the work comp case itself. – In our experience, if you are injured at work and you decide to work without reporting the injury or obtaining care, you are more likely to be fired for poor performance or some other reason the employer makes up to get rid of you. If this happens, you are out of a job and will have no income from your employer or the work comp carrier.

3. It isn’t the right time.

You have to make the call to file a claim. But if you do not file a claim in a timely manner your case can be denied. You may think you are making the right call, but how can you do this if you do not know Florida’s workers’ compensation laws? Consulting an experience workers’ compensation lawyer will ensure you do not violate a reporting or filing deadline.

Remember, when you have been hurt at work you need to report your injury and file a claim. Do not rely on the employer to do this for you. They are not going to stick their necks out for you.

We are always available to speak with those who think they have been hurt at work. Call us to find out how to protect your rights and ensure you obtain the medical care and lost wages that you deserve. If you would like to speak to one of our workers’ compensation lawyers, contact Franks, Koenig & Neuwelt today!

Palm Beach car accident lawyer

We have offices in Florida, Georgia and Illinois. It is not only important to talk to an experienced workers’ compensation lawyer when you have been hurt on the job, it is also the best way to make sure that you receive proper medical services and lost wages you are entitled to under the law. After all, the Workers’ Compensation law was created to protect you – the employee.

See what Our Clients Have To Say

Florida’s Most Trusted Workers’ Comp Attorneys

Devin Major
Devin Major
August 9, 2022.
Verified
Best team I had ever working for me I really hope anybody who needs legal advise call them
Gregory Diggs
Gregory Diggs
August 4, 2022.
Verified
I recommend this law firm to anyone with a worker's compensation case. The staff does a great job and they treat you like family. Judd Koenig was my attorney and went the extra mile and then some more securing my a nice settlement of my case.
Cynthia Murray
Cynthia Murray
August 3, 2022.
Verified
Great Attorney thank you Eric Lakind and staff Attentive, friendly, answered ever questions got results when I could not do it myself Cynthia
Naisha Dorvilus
Naisha Dorvilus
August 2, 2022.
Verified
Lisa was my lawyer she asked me questions and was very helpful. She and her team communicated with me about my cause and I'm super happy with her service.i will definitely recommend her and her company
Jaime Ieli
Jaime Ieli
July 29, 2022.
Verified
My husband was hurt and never dealt with an attorney before. He looked up attorneys online & thru the grace of God got Lissa Dorsey as his attorney & she was truly amazing! She was very involved, always returned our phone calls & made the whole process as easy for us as she possibly could while my husband treated with Dr's and started his healing process. I would recommend her to any & everyone without a doubt.
Evelin Hernandez
Evelin Hernandez
July 21, 2022.
Verified
Best law firm in Palm Beach County, Lisa and Kim were the best. I recommend this law firm to everyone.
Tammy Dault
Tammy Dault
July 20, 2022.
Verified
Wasn't sure how it would work with me being in one town and lawyer in another but it all worked out in the end thank you for all your hard work.
Brandon moore
Brandon moore
July 19, 2022.
Verified
Great understanding lawyers! They were great in getting me a fair settlement and quick to respond to any questions I had. Thanks Kim and Lisa!
john heller
john heller
July 12, 2022.
Verified
They were always responsive to my calls did an excellent job of getting everything I needed. When it came time To settle my case Andy and J did an excellent job I’m very happy with the outcome and very happy with this law firm I would highly recommend them!!!!