What Time Limits and Reporting Requirements Apply to Worker's Compensation Cases?

When a worker is injured in the State of Florida, the employee has a duty to report the injury / incident to the employer. Generally, the employee should report the injury / incident in writing within 30 days. The failure to do so could result in the denial of worker's compensation benefits. In addition to reporting the injury in a timely manner, the injured worker should seek out timely medical care. If the emergency medical care is need, there is no requirement under Florida Worker's Compensation laws that a person get pre-authorization from the worker's compensation insurance company. If the medical care is not emergency medical care, then the injured worker will need pre-authorization to see an approved medical provider. From then on, the medical care is subject to worker's compensation rules and regulations that generally require that the medical care is reasonable and necessary.

Once the injury is reported to the employer, the employer has a duty to report the injury / incident to the worker's compensation insurance carrier. This is referred to as to the First Report of Injury or Illness. It can also be referred to the accident report. Once the injury is reported to the insurance company, the carrier should send a packet of information and documents to the injured worker within 3 days after the injury is reported. The packet of documents should include the the accident report or First Report of Injury or Illness and information as to the employee's legal rights under Florida law.

The injured work is entitled to reasonable and necessary medical care as well as wage loss. Benefits for wage loss should be issued within 21 days after the injury is reported to the employer. The amount of lost wage benefits is set forth by worker's compensation schedules taking into account the extent and classification of the personal injuries.

There are many twists and turns to a typical worker's compensation case. The employers and worker's compensation insurance companies are well represented by adjusters, investigators, risk managers, and, yes, attorneys. The injured worker should have legal representation as well. It is important that the injured worker is fully informed of his or her legal rights and that the injured worker gets the benefits that he or she is entitled to under the worker's compensation fee scheduled and Florida law.

David Wolf is a personal injury attorney with over 30 years of experience. He is the author of 4,000 articles and 12 books that focus on personal injury cases. He provides a Free Consultation on all personal injury cases. Contact David Wolf today at (904) 500-WOLF or (904) 500-9653. You can also e-mail David Wolf at dwolf@davidalanwolf.com