In many cases, when an employee suffers an injury at work, an employer is to blame. When an employer is negligent, employees may face a hazardous work environment, improper safety equipment, or toxic chemicals. An employee injured by a careless employer may choose to file a personal injury lawsuit with the assistance of an experienced attorney.
If you have ever been involved in any type of lawsuit or workers’ compensation claim, you have likely heard the term “statute of limitations.” However, due you really know what that means?
A statute of limitations is a provision in place that ends the right a person has to sue for compensation or claim benefits for an injury or damages caused by another person or entity. According to Florida law, you lose your right to recover compensation unless your case is filed within a period of:
Workers’ compensation is a protection for both employers and employees, because it pays medical bills and loss of income after a worker is injured at a workplace, and it legally prevents employers from being sued for those injuries.
Injured workers have an obligation to report any work-related accident within a period of 30 days after they knew, or should have known, an injury while they were working was sustained. In most cases, the sooner a person reports an accident after it occurs, the better. If the employer doesn’t complete the notice of injury form right away, issues could arise.
Consider the following – there are two workers, workers A and worker B. Each are walking, fall down and suffer an injury. Each of the workers suffered a fall from an unknown cause. In most cases, falls from unknown causes are due to an injured worker being unable to figure out if they stumbled, tripped, etc.
Many workers are injured every day while on the job. In many instances, the employer performs all the duties necessary under law to report the claim and the employee recovers their health and returns to work ready to resume their position, however, this is not always the case. In these situations, you may have to file a workers’ comp claim.
The workers’ compensation policy owned by an employer will pay for the medical expenses incurred by an employee who suffers a work-related injury.
There will also be a payment of possibly two thirds of their average weekly wage for the time lost while they recover from those injuries, if the employee qualifies. But, the injury must be work-related, and the employee must be performing duties that are within the scope of their employment. There is some confusion, however, as to when an employee is technically considered as being at their place of employment when it comes to a slip and fall injury.
There can be some confusion in determining whether an injury suffered while commuting to and from work can be covered by workers’ compensation. Most jurisdictions – including Florida – look to what is often called the coming and going rule.
If you are planning on filing a workers compensation lawsuit in the state of Florida, it is important to understand that there is a statute of limitations in place. This statute is a stipulation that terminates your right to make a claim for benefits or to sue for damages and compensation unless the individual can meet certain conditions. Essentially, the injured person has to file a lawsuit – or a Petition for Benefits – before the stipulated amount of time expires or their right to claim benefits ends. The statute was created to provide employers with a reasonable timeline as to how long a worker can receive benefits.
If you suffer an injury while at work, it is more likely than not that your injuries will be covered by Florida’s worker’s compensation benefits. Worker’s comp, as it is often called, is a type of insurance that provides injured workers with wage replacement and various medical benefits to workers. In exchange for receiving these benefits, an employee relinquishes their right to sue their employer for any negligence.
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