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Statute of Limitations for Workers’ Compensation in Florida

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The at-fault party’s insurance company will immediately launch an auto accident investigation to reduce their payout.

This investigation includes taking statements from the parties and witnesses and collecting physical evidence, such as photographs and even the damaged vehicles.

While the insurance company attempts to avoid liability, most auto accident victims are left to deal with the personal and financial effects of the trauma. This reality is why it’s important to have a specialist on your side. We won’t let the insurance company take advantage of you.

Most people avoid doctor appointments after a vehicle accident. However, after a severe auto crash, it is important to follow medical advice to give yourself the best and fastest chance to heal.

Seek medical care immediately after an injury and avoid missing appointments with your healthcare professionals.

Your auto accident case value is determined by evidence from several places, especially your doctors. Most people who require treatment will get better; however, some catastrophic injuries require lifelong care.

After an accident, document what future needs may be necessary. It is also important to tell your doctors about past issues.

The doctors need to give opinions about new injuries and prior injuries that were possibly exacerbated. Failure to provide your doctors with accurate information may damage your credibility and undermine your doctor’s findings.

After Lakeland, FL, car accident, you must demonstrate that your injury is permanent to receive compensation for pain and suffering, disability or physical impairment, deformity, mental anguish, inconvenience, or loss of capacity for enjoyment of life.

To be considered a permanent injury, it must include:

A significant and permanent loss of an important bodily function.

Permanent and significant scarring or disfigurement.

An injury that the evidence shows is permanent to a reasonable degree of probability.

Maximum medical improvement is when an injured patient’s condition cannot be further improved or when a healing plateau is reached.

It can mean the patient has fully recovered from their injury, or their condition has stabilized, and no substantial change can be expected. Maximum medical improvement does not mean the patient will not receive future care.

Sometimes, future care is designed to help with functionality or pain levels and will not cure the condition. This kind of treatment following a car wreck is called “palliative care.” Palliative care is a multidisciplinary approach to specialized health care for people with severe conditions.

It focuses on providing patients with relief from the symptom or pain. Such therapy aims to improve the patient’s quality of life.

After getting the care you need, obtaining good advice and counsel is important for your future. Hiring the right personal injury attorneys can make a difference in your case. If you need legal assistance, contact one of our car accident specialists.

If you hire a lawyer on contingency, you will likely pay the same percentage fee whether your lawyer is a first-year lawyer with little or no experience or a board-certified specialist by the Florida Bar.

The statute of limitations for workers’ compensation in Florida is two years. Once this period has passed, you generally cannot file a workers’ compensation claim that covers medical expenses, lost wages, or death benefits. However, some caveats apply to this rule that could allow you to recover workers’ comp benefits if you miss the deadline.

What Is a Statute of Limitations?

The legal term “statute of limitations” establishes a deadline. For example, in Florida, the personal injury statute of limitations is two years, meaning you have two years from the date of an injury to pursue a lawsuit against the responsible party. 

The statute of limitations for workers’ compensation cases functions similarly. Under Florida Statutes § 440.19, you have two years from the date of workplace injury to complete a claim. After two years, your claim closes permanently, barring you from receiving compensation.

However, the clock on this deadline only starts ticking once you know about your injury or illness. For example, if your injury from a workplace accident didn’t manifest immediately, you would have two years from the day you finally realized you suffered an injury to file your claim.

Minors and the Statute of Limitations

The clock also pauses if the injured worker is a member of the following groups and doesn’t have a responsible guardian:

  • They are mentally incompetent.
  • They are a minor.

Once the individual comes under the care of a guardian or a minor turns 18, the clock restarts.

The One-Year Rule

There’s another deadline alongside the standard workers’ compensation statute of limitations. A benefits claim will close if it has been more than one year since:

  • Your last visit to a physician connected to your claim
  • Your last benefit payment

Therefore, you must maintain regular appointments with the physician assigned to your claim. You must schedule and attend meetings with your doctor to keep your benefits.

Workers’ Compensation Deadlines

Remember that the statute of limitations for filing a claim is one of many deadlines you must satisfy. For example, if you were injured on the job, you must notify your employer within 30 days—failure to do so could bar you from receiving benefits. Once your employer becomes aware of your injuries, it has seven days to notify its insurer. Then, the insurer must respond to this notification within three days.

These deadlines are just as critical as the statute of limitations. So, once you become aware of your injuries, you must notify your employer as soon as possible. 

What does Workers’ Compensation Cover?

Workers’ compensation covers three categories:

  • Lost wages: If your disability prevents you from working, you could receive compensation for lost wages. Typically, this benefit covers up to 66 2/3% of your pre-injury wages. However, caveats apply depending on your ability to continue working.
  • Medical expenses: Workers’ compensation can cover your medical bills, including doctor’s appointments, prescribed medication, and travel costs.
  • Death benefits: If you lost a loved one in a workplace accident, you could receive compensation that covers their pre-death wages. How much you qualify to recover depends on your relationship with the decedent. For example, spouses qualify for 50% of the decedent’s pre-death wages, whereas children only receive 33 1/3%.

Tips for Maintaining Medical Benefits

The most significant cost associated with a workplace injury is often medical expenses. You may require surgery, medication, and physical therapy to recover from your condition. Therefore, it’s essential to protect your medical expense benefits.

To ensure that you continue receiving medical expense benefits, the Florida Department of Financial Services recommends the following:

  • If you went to the emergency room for your injuries, provide staff members with contact information for your employer or workers’ compensation insurer.
  • Notify your employer as soon as you know that you’re injured.
  • Only go to physicians your insurer approves—seeing your private doctor could jeopardize your benefits.
  • Don’t skip medical appointments.

What if My Workers’ Compensation Claim Was Denied?

If your employer denies your worker’s compensation claim, you have the right to hire an attorney. A workers’ compensation attorney can provide you with the following services:

  • Representing you during the appeals process
  • Investigating how you suffered your injury or illness
  • Explaining the appeals and claims process
  • Answering any questions you have about your claim
  • Negotiating your claim with the insurer
  • Assisting you with document preparation and submission
  • Communicating with all parties involved in your case

Besides working with a lawyer, you can contact your local Employee Assistance Office (EAO). An EAO representative can connect you with dispute resolution resources.

The Appeals Process

If you choose to appeal a denied claim, you must take several steps. So, you can accept your denial or advance to the next level at each stage.

The appeals process includes the following levels:

  • Mediation
  • Workers’ Compensation Judge trial
  • 1st District Court of Appeals

Hire a Workers’ Compensation Lawyer Today

Are you struggling with your workers’ compensation claim? At Dismuke Law, we’re here to help. Our team of workers’ compensation lawyers can negotiate for a fair benefit offer, represent you during the appeals process, and explain your options if you are near the statute of limitations for workers’ comp claims. Contact our offices for a free case evaluation today.

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We Care About Your Recovery

Seriously injured? Have no coverage? We want to talk to you and we can help. We have two convenient office locations in Lakeland and Tampa and can even come to you if you are unable to travel due to your injuries. When you’ve been hurt in Florida, 1-800-ASK-DAVE is the only number you have to remember.

WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
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WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
CLICK HERE TO FIND OUT!

Contact Us Today