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How To File a Florida Construction Accident Workers’ Compensation Claim

Don Van Dingenen • August 11, 2023

Accidents are common, unfortunately, on construction sites in Orlando and throughout the state. Construction workers suffer more fatal injuries in Florida than workers in any other type of industry. Many construction workers survive their accidents but are injured seriously enough that they need medical treatment and may need to take time off of work.

If you were injured while working on a construction site in Orlando or anywhere in Florida, you can file a claim for workers’ compensation. Your workers’ compensation benefits will help pay for your medical expenses, lost income, and other expenses related to your injuries. However, you need to follow the correct procedures for filing a claim. If you fail to do so, for example, if you wait too long to notify your employer about your injuries, you could lose your right to receive workers’ compensation benefits.

Follow these steps to ensure that you get the workers’ compensation benefits you need:

  1. Notify your employer.

Notify your employer about your injuries as soon as possible, but no later than 30 days after the construction site accident. You should tell your employer when the accident happened, how you got injured, and what symptoms you have.

  1. Go to the occupational doctor that your employer chooses.

Your employer will send you to see an occupational doctor. The employer gets to choose the doctor. Make sure to go to the appointment. When you go, tell the doctor about how you got hurt and describe the full extent of your symptoms.

  1. Your employer should report your claim to its workers’ compensation insurance company.

In Orlando, and throughout Florida, employers are legally required to have workers’ compensation insurance coverage. After you notify your employer that you were injured while working on the construction site, your employer must report your claim to its insurance company within seven days.

If your employer fails to report your injury, you can notify the insurance company yourself. Your employer is required to post information about its workers’ compensation insurance company in the worksite, so you should be able to get contact information from that. If your employer is not doing what it’s supposed to, or if you have any other problems while filing your workers’ compensation claim, the Orlando workers’ compensation attorneys at Van Dingenen Law can help. Call us at 407-967-5377, or fill out the free case evaluation form , and we’d be glad to talk with you.

  1. Go for any medical exams and evaluations that the insurance company arranges

Your employer’s workers’ compensation insurance company will investigate your claim. They will evaluate your medical records and the type of work you do, including your wages and experience.

They may require that you go to a medical examination and/or get an evaluation of what work duties you can perform. You’ll need to go to any examinations and evaluations that they require.

  1. Wait for the insurance company’s decision

After investigating your claim, the insurance company will issue a decision about whether to approve or deny your claim. Under Florida law, it needs to make that decision quickly. If the insurance company decides to approve your claim, and you are satisfied with the amount of benefits you are awarded, then you will start receiving benefits, and the filing process is over.

Unfortunately, though, many workers’ compensation benefits are unfairly denied. If this happens to you, you can appeal the denied claim. First, though, try contacting the insurance company.

  1. Contact the insurance company if your claim was denied

If you get a notice from your employer’s insurance company saying that your construction accident claim was denied, you should contact the insurance company and ask why they denied your claim. Sometimes the problem is something you can take care of right away. For example, if some paperwork was missing, you may be able to supply it now and ask the insurance company to reconsider your claim.

Often, however, the insurance company will not reconsider your claim. If that happens, the next step is to appeal the claim.

  1. File an appeal if your claim was denied

If your workers’ compensation construction accident claim was denied, you should not give up. You have the right to appeal. Many claims are denied that should have been approved. If you appeal, you have a better chance of getting the denial overturned so you can get the benefits you deserve.

The appeals process is complicated. You would be much better off if you have an experienced Orlando workers’ compensation attorney helping you through the process.

Your attorney will write your legal papers and represent you in your hearing. Your attorney will also guide you through each step of the process. These steps include:

  • File a Petition for Workers’ Compensation Benefits
  • Attend mediation
  • Attend a pre-trial hearing
  • Present evidence in a final hearing before the Workers’ Compensation Board
  • Appeal in District Court if you do not get a satisfactory decision from the Board

Get the Help You Need With Your Workers’ Compensation Claim or Appeal

The Orlando workers’ compensation attorneys at Van Dingenen Law can help you with any problems you have with your workers’ compensation insurance claim. Helping injured workers get the workers’ comp benefits they deserve is all that we do. We have more than 60 years of legal experience and have recovered millions of dollars for our clients.

If you have been injured in an Orlando construction site accident, you deserve all the workers’ compensation benefits that Florida law provides. If you have any problems with your claim, you don’t have to deal with them on your own! Call us at 407-967-5377 or fill out the free case evaluation form to get the help you need.

Sources

https://www.nolo.com/legal-encyclopedia/file-workers-compensation-claim-florida.html

https://www.myfloridacfo.com/division/wc/employee/how-to-report-an-injury

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