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The First 90 Days of a Miami Workers Comp Claim

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Reporting a job-related injury to an employer and filing a claim for compensation can be a daunting task for many workers. Many employees don’t understand their rights and fear reprisal from their employer. Other employees fail to follow up on a claim because they feel it will interfere with their dream job.

“Statistics show that the highest cause of workplace injuries in Florida is transportation accidents followed by slips and falls.”

The actions you take immediately after the accident dictate how the claim goes. Let us look at the first 90 days and what you are supposed to do.

Notify Your Employer

Report the incident to the employer immediately you suffer the injury. The employer should give you a compensation claim form to fill out. Filling out the form signals the start of the compensation claim process.

You might think that verbally reporting the case is also valid – it won’t stand in a court of law. You need to prove to the court that you reported the matter and have a document to show for it.

Wait for the Response from the Employer

Just because you have filed the report doesn’t mean that the employer has accepted it. He has the right to accept, reject or delay the decision depending on the underlying circumstances. The employer has 90 days to give a decision. If you realize he is taking too long, talk to a reliable Miami workers comp attorney to help you handle the situation.

Begin Medical Treatment

One of the major decisions when handling a workers’ compensation claim is deciding when to start medical treatment. Typically, the employer chooses the medical provider to assess you and determine the extent of the injuries.

However, you don’t have to stick with this doctor till you heal – you can decide to work with another doctor to see you through the remainder of the period.

You can reach out to a seasoned Miami workers comp attorney to guide you in identifying a qualified medical doctor. Prompt and effective treatment is vital in helping you make a speedy recovery.

Undergo a Medical Evaluation

Oftentimes, the insurer can request a medical evaluation using a state medical examiner. This is usually part of the employer’s investigation into the incident to help them accept or deny liability.

The outcome has a significant impact on the claim process.

The First 90 Days are Very Vital

The first 90 days dictate what happens after that – whether you file the claim successfully or not. Failure to act immediately can impact the way the entire claim proceeds.

You must understand that as an employee, you have the right to retain a lawyer to help you with the process right from the beginning – from the time you get injured to the time you get the settlement.

Choosing the Right Miami Workers Comp Attorney

Take time to talk to friends and close relatives to help you choose the right lawyer to handle the claim for you. This lessens the burden and gives you time to recover fully. Call today to schedule a consultation.


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