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Florida Keys Injury Lawyers > Blog > Workers Compensation > Critical Deadlines You Need To Meet If You Have Suffered A Work-Related Injury In Florida

Critical Deadlines You Need To Meet If You Have Suffered A Work-Related Injury In Florida

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If you were injured while at work in Florida, you may be eligible to recover workers’ compensation benefits. Florida workers’ compensation pays employees who have suffered injuries while on the job benefits regardless of fault. That is because the workers’ compensation system is based on a no-fault system. However, to increase your chances of recovering the workers’ compensation benefits you deserve after suffering a work-related injury, it is best you hire a skilled workers’ compensation attorney. On top of that, you need to meet certain deadlines. This article discusses two critical deadlines you need to meet if you have been injured at work in Florida.

Two Critical Deadlines To Meet if You Have Been Injured at Work in Florida

If you sustained a work-related injury in Florida, please keep in mind that you generally have;

30 Days To Report Your Injury

This is according to Florida Statute 440.185. If you do not inform your employer about your injury within 30 days after the date of or initial manifestation of your injury, you will likely be barred from filing a petition for workers’ compensation benefits.

Nevertheless, there are some exceptions to this rule. According to Florida law, failure to notify an employer of a work-related injury within 30 days shall not bar an employee from filing a petition for workers’ compensation benefits if;

  1. The employer was aware the employee suffered an injury.
  2. The cause of the employee’s injury couldn’t be recognized without medical input, and the employee notified their employer within thirty days of getting the medical opinion.
  3. The employer did not let the employee know about the reporting requirement by posting it.
  4. Exceptional circumstances justify why the employee failed to report their injury within the set time.

2 Years to File a Petition

This is according to Florida Statute 440.19. Failure to meet this two-year deadline can result in you being barred from recovering workers’ compensation benefits. However, just as it is with the reporting requirement, there are some exceptions to this general rule. For instance, if you suffered a work-related injury as a minor or while you were mentally incompetent, you might have extra time to bring forward your petition.

According to Florida law, if an individual eligible for workers’ compensation benefits is a minor or mentally incompetent, the two-year filing period is tolled if that individual has no guardian or other authorized representative. In a case where an eligible worker is a minor or mentally incompetent, the two-year period begins to run from the date of appointment of a guardian or other representative, or if a guardian is not appointed in the case of a minor when the minor turns eighteen.

As you can see, Florida workers’ compensation law imposes strict deadlines for reporting a work-related injury and filing a petition for workers’ compensation benefits. Therefore, if you suffered a work-related injury in Florida, it is crucial that you act fast. Waiting to take action can affect your chances of recovering the benefits you deserve for your injuries.

Contact a Key West & Marathon Workers’ Compensation Lawyer

If you’ve suffered work-related injuries in Florida and need help from a qualified lawyer, speak with the Key West & Marathon workers’ compensation lawyers at Florida Keys Injury.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.185.html

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