Claims:  Frequently Asked Questions...

 

If you have a general question about "Claims" that is not answered here,  please submit it to us and we will gladly get back to you with an answer.  

What is a work-related injury?

According to OSHA, "You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness."

How long after an accident do I have to report it to my employer?

You should report it as soon as possible but no later than thirty (30) days or your claim may be denied.

If I am unable to return to work until after my doctor releases me, does my employer have to hold my job for me?

No, there is no provision in the law that requires your employer to hold the job open for you.

Can an employer terminate an employee for reporting a work-related injury?

No.  Per 440.205, "No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law."

What happens if I’m uninsured and an employee is injured?

You will be held responsible for any injuries suffered by anyone deemed to be an "employee" under the workers' compensation statutes.  Further, you will not be able to claim any of the defenses offered under workers' compensation either.

 

440.06 - Every employer who fails to secure the payment of compensation, as provided in s. 440.10, by failing to meet the requirements of s. 440.38 may not, in any suit brought against him or her by an employee subject to this chapter to recover damages for injury or death, defend such a suit on the grounds that the injury was caused by the negligence of a fellow servant, that the employee assumed the risk of his or her employment, or that the injury was due to the comparative negligence of the employee.

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