Ocala, FL Rights Of An Injured Employee
Suffering an injury while on the job doesn’t negate your rights as an employee. Yet, under Florida workers’ compensation law, an injured employee is responsible for reporting the injury to the employer by a specified deadline and completing a number of other steps. If you’ve experienced a workplace injury and are unsure of your rights going forward, contact Schatt Hesser McGraw in Ocala, FL.
What Counts As A Workplace Injury?
If the injury occurred while an employee was performing a work-related activity or task for their employer, it’s generally considered a workplace injury. Yet, what is considered a work-related injury in one state isn’t necessarily covered by workers’ compensation in another. Another factor is the evolving nature of what is considered a workplace. As more employees work from home or telecommute, what constitutes — or could constitute— a work-related injury is also evolving. Florida Statute § 440 guides workers’ compensation in the state but can change depending on legislative sessions.
Continual changes in both the workplace and Florida law can be difficult to keep up with and understand. If you’ve suffered an on-the-job injury, contact the work related injury lawyers in Ocala with Schatt Hesser McGraw. Our law firm has years of experience helping injured workers obtain the workers’ comp benefits due to them after an injury. Contact Schatt Hesser McGraw today to schedule a consultation.
First Steps To Take When Injured On The Job
Notify Your Employer Within 30 Days
Florida workers’ compensation law requires any workplace injury be reported to your employer within 30 days. Yet, because some injuries take longer to appear, such as chemical exposure, an employee then has 30 days from the injury discovery to notify their employer. Conditions and/or injuries related to an occupational disease have a 90-day notification deadline.
Request Medical Treatment
When requesting medical treatment for the injury, ask that care is authorized through your employer’s workers’ compensation insurance. If the request is denied, you then have the right to choose a medical provider and the insurance carrier is responsible for expenses related to reasonable treatment for the work-related injury. Medical impairment benefits and treatments continue until the injured worker reaches maximum medical improvement, which is a threshold attained when the attending medical provider doesn’t expect further improvement in the condition or injury.
File A Workers’ Compensation Claim
Generally, the employer will file a workers’ compensation claim with their insurance carrier after the employee reports the injury. But an employee has the right to file a claim themselves if the employer does not. A workers’ comp attorney with Schatt Hesser McGraw can help you file a workers’ compensation claim and explain how the benefits process will proceed if the claim is approved by the insurance company.
List Of Injured Employee Rights
When an employee is injured on the job, they have several rights guaranteed to them under Florida workers’ compensation law. These rights include the right to:
- The assistance of a workers’ compensation attorney at any time;
- Choose a pharmacy or pharmacist;
- Confidentiality of all claim information;
- Receive medical care free-of-charge until the condition or injury is resolved or no further improvement is attainable; and
- Report the injury to the employer’s workers’ compensation insurance company.
Workers’ compensation law generally requires an injured employee to receive medical treatment from a doctor chosen by the employer’s insurance company. But, the company is responsible for providing reimbursement for all mileage incurred while going to and coming from medical appointments related to the injury. The Ocala attorneys with Schatt Hesser McGraw can help injured workers receive all the benefits to which they are entitled under Florida law. Contact us today.
Work-Related Injury Lawyers In Ocala, FL
An Ocala workers’ compensation attorney with Schatt Hesser McGraw will advocate for your best interest at all times and ensure you receive the maximum amount of workers’ comp benefits available for your injury. To discuss your work-related injury, contact our law firm today to schedule a free consultation.