Workers’ compensation is a state-mandated insurance program that provides benefits to employees who suffer job-related injuries or illnesses. In Florida, most employers with four or more employees are required to carry workers’ compensation insurance. If you’re injured on the job, you may be entitled to benefits such as medical treatment, and temporary disability benefits, Workers’ compensation is a no-fault system, meaning that you don’t need to prove that your employer was negligent in order to receive benefits. Workers’ compensation is designed to protect you as an employee. Even if your employer was not at fault for your injury, you may still be entitled to benefits.

Reporting Your Injury

If you’ve been injured at work, the first step is to report the incident to your employer as soon as possible. You have 30 days from the date of the injury to report it to your employer. Failure to report your injury within this timeframe may result in your claim being denied.

When reporting your injury, be sure to provide the following

• The date, time, and location of the incident
• A description of how the injury occurred
• A description of your injuries and any symptoms you’re experiencing
• The names of any witnesses to the incident

Medical Treatment

After reporting your injury, your employer should provide you with a list of authorized medical providers. In Florida, you must seek treatment from an authorized provider for your medical expenses to be covered under workers’ compensation. Be sure to keep detailed records of your medical treatment.

After you’ve reported your work-related injury to your employer, your employer should notify their workers’ compensation insurance carrier. The insurance carrier will then take over the claims process. If your claim is denied or you disagree with any aspect of your benefits, you can try to resolve the dispute by contacting the insurance adjuster or seeking assistance from the Florida Employee Assistance Office. If the dispute cannot be resolved informally, your case may proceed to mediation, a pre-trial hearing, and a final hearing before a Judge of Compensation Claims.

If your doctor determines that you’re able to return to work, your employer may offer you light duty or modified work. If you refuse to accept this work, your benefits may be suspended or terminated. However, if your doctor has not released you to return to work, or if your employer does not offer you suitable work within your physical limitations, you may be entitled to continue receiving temporary disability benefits. If you’re unable to return to your previous job due to your injuries, you may be eligible for vocational rehabilitation services. These services can include job training, education, and job placement assistance to help you find suitable employment within your physical limitations.

The statute of limitations is a law that restricts the timeframe in which a legal proceeding can be brought. Statute of limitations (SOL) are a nearly universal concept in all legal systems throughout the world. In the United States, we have different periods of limitations for federal cases and state cases. Additionally, the SOL will vary from state to state and from cause of action to cause of action.

Why Do We Have Statute of Limitations?

The reasons that we have limitations on when actions may be brought are fairly easy to understand. First, it is assumed that someone with a valid case would and should bring the case to court with reasonable diligence. The failure to bring a case when it should be brought has certain foreseeable consequences. If somebody waits too long to bring a case, the ability to defend it may be impaired because evidence is lost or memories have faded. Also it is assumed that people have the right or expectation to move on with their lives after a certain amount of time has expired.

Florida Chapter 95

Chapter 95 of Florida Statutes contains the Florida laws that limit various types of civil actions or claims. Those are generally cases involving people or corporations. The SOL involving many contract cases, certain labor laws, and foreclosures is five years. Negligence cases have to be filed within two years. Many other cases involving property disputes and intentional torts also have four year SOLs. Some civil causes of action in Florida have very short SOL’s, two years or less. Cases with extremely short SOL’s in Florida include professional malpractice, wrongful death claims, wage and overtime cases, slander cases and certain types of contract cases.

Workers’ Compensation & Statute of Limitations

Some areas of the law in Florida, such as workers’ compensation, have unique and complicated statutes of limitations. In Florida, you have two years from the date of accident to file a claim for benefits. This two year statute is tolled or extended after the initial two year period if you are receiving authorized medical treatment or receiving money benefits from the carrier. Every time you receive a benefit from the carrier, the SOL is extended for another year. For example, let’s say you were injured in an accident that occurred on May 5, 2017. If you timely report the accident to your Employer (within 30 days), then you have up until May 5, 2019 to pursue a claim or file a petition for benefits. That deadline is extended indefinitely if your treatment or receipt of money benefits from the insurance company is ongoing. If you see an authorized doctor for treatment on April 23, 2019, the SOL will be extended beyond the initial two year period until April 23, 2020.

Statute of Limitations Can Be Extended

Workers’ compensation also has other ways that the two year statute is extended. If the Employer misleads the employee or fails to inform that employee of their rights, the SOL can be extended. Other situations that can extend or revive the statute of limitations include situations where there are prosthetic implants in somebody’s body as a result of an accident or where a carrier authorizes medical care after the statute of limitations has already run. In this latter case, the carrier is said to have “revived” the claim, essentially bringing a dead claim back to life. SOL cases are very Fact specific, and cannot be answered in general terms.

Understanding the Impact of Accidents

Accidents are not fun and cause a lifetime of significant physical pain and suffering as well as mental suffering. You can suffer a wide array of different types of injuries even from the smallest of accidents. You do not necessarily need to be involved in a huge accident resulting in a total loss of your vehicle for you to sustain significant personal injuries. Some people are more susceptible to injuries. Some injuries unfortunately result in having to undergo a surgical procedure to regain some type of pain relief to reestablish a good quality of life.

Navigating Insurance Coverage in Central Florida

In the State of Florida, bodily injury coverage is not a mandatory requirement on auto insurance policies. You can opt not to carry this coverage, but you do so at the risk of being sued personally if you cause an accident with injuries. Your assets can be taken, and your wages can be garnished. If you are hit by someone who does not carry bodily injury coverage, you can turn to your own insurance policy to see if you have any uninsured motorist coverage available to you. Having uninsured or underinsured motorist coverage on your own insurance policy is a wise decision since bodily injury coverage is not mandatory. Uninsured or underinsured motorist coverage compensates you, your resident relatives, or anyone traveling in your vehicle at the time of an accident for any injuries you suffer. When you are involved in an auto accident, one of the first things you should verify with the insurance company is how much bodily injury and uninsured or underinsured motorist coverage is available to you. The more coverage available, the more treatment you can receive for your injuries.

Assessing Injury Severity and Treatment Options

When you are involved in an accident and suffer any type of injury, you will most likely do some type of physical therapy to try to obtain some pain relief. The doctor will want to check to make sure there is no spinal damage or any tears or breaks to any ligaments or bones. They may refer you for MRIs which can determine if there are any internal injuries. If your MRI reveals any type of internal damage, you will likely be referred to a specialist for treatment.

Surgical Intervention and Considerations

If you suffer from any type of broken or fractured bones during your accident, these usually heal on their own after you have been placed in a cast or brace. If the bone does not heal or your doctor believes you need surgical intervention, you will probably be scheduled for surgery. If you suffer from any spinal injuries such as disc bulges or herniations, your treating physician will likely refer you to an orthopedic surgeon or neurosurgeon to evaluate you. Physical therapy is generally ineffective for treating disc bulges or herniations. If you are referred to a specialist for your spinal injuries, chances are that the surgeon will opine that you should undergo either a series of epidural or branch block injections or possibly even surgery. If you opt to undergo injections, you will likely require continued injections for the rest of your life as this is only a temporary treatment solution. The only real permanent solution is usually surgical intervention.

Insurance Evaluation and Settlement Considerations

Just because you are referred for a surgical procedure does not mean the insurance company will consider that when evaluating your settlement claim. Insurance companies usually do not compensate you for a surgery you are recommended for, only for a surgery you have had. The adjuster will take all of your injuries into consideration, evaluate your past accident and medical history, and determine if the accident was the sole cause of your injuries. If you have been involved in numerous past accidents or have a pre-existing injury to the same body part you are claiming was injured in the accident, even if you have undergone a surgical procedure, the adjuster could claim it as an aggravation and offer you less money for your claim stating that the accident did not cause the injury. If this is the case, even if you have undergone surgery, if you have an Orlando personal injury attorney on your case, they will discuss with you the potential of having to file a lawsuit against the insurance company to fully compensate you for your injuries.

Assessing Settlement Value and Legal Recourse

If the insurance company finds no other pre-existing injuries, the chances of them making a settlement offer is likely. Surgery increases the value of your claim significantly in most cases as most surgeries are costly and require a period of recovery and physical therapy to get you back to as close to the health you were in before the accident as possible. Some surgeries, spinal fusions mainly, are invasive surgeries that can leave an unsightly scar. If you have an attorney on your claim, they will probably send pictures of your scars along with your medical bills and records when they are ready to negotiate a settlement amount for you, which will show the adjuster the physical damages you now have to live with for the rest of your life. A surgical claim is almost always worth more than a soft tissue claim which is basically just physical therapy treatment with not much permanent injury, due to the amount of the medical bills, the pain and suffering you have had to endure, and the unsightly scars you may be left with. The adjuster will consider all of these factors when making their offer and your attorney will discuss with you if they believe their offer is fair or if you should file a lawsuit against the insurance company.