Top Five Mistakes Made After a Workplace Injury in Tampa
May 22, 2024 | Winters & Yonker Personal Injury Lawyers | Workplace Accidents
Were you injured on the job in Florida? If so, you are likely covered by workers’ compensation insurance. Most employers in Florida are required to provide workers’ comp coverage for their employees.
Even though workers’ comp is a no-fault insurance system, that does not guarantee you’ll receive benefits without a fight. Understanding what you should and should not do after a workplace injury is important to protect your rights. In this blog, we discuss mistakes workers make that could adversely affect the outcome of their workers’ comp claims.
Five Most Common Mistakes Workers Make After an On-the-Job Injury in Florida
You could be entitled to workers’ comp benefits if you were injured at work. In some situations, you may also receive economic and non-economic damages for a third-party personal injury lawsuit. However, if you fail to take the correct steps, you could jeopardize your claim.
Five mistakes to avoid after a job injury in Tampa are:
Not Seeking Immediate Medical Treatment for Injuries
It is essential you receive prompt medical care after a workplace accident. A doctor must diagnose your injuries to determine whether you can return to work. If you miss work without a doctor’s statement, you will not receive income benefits from workers’ compensation.
In addition to seeking immediate medical treatment, you should report the full extent of your workplace injuries to your doctor. Failing to report all symptoms and impairments could result in a missed diagnosis, impacting your return to work and/or benefits.
Failing To Report a Job Injury to Your Employer
Florida’s workers’ compensation laws require employees to report a workplace accident or injury to their employer within 30 days. Failing to report the injury promptly could result in a denial of workers’ comp benefits.
If an employee develops an occupational illness, they have 90 days to report the illness from the first sign of the illness. Therefore, if you suspect your working conditions caused your illness, see a doctor immediately for a diagnosis.
Refusing To Return To Work After Recovery
You must return to work after your doctor releases you to return to active duties. Even if you do not believe you are ready to return to work, you must make a good-faith effort. If you cannot perform your job duties, you must report your impairments to your employer and return to your doctor for further evaluation.
Refusal to work can result in losing workers’ comp benefits. Your employer may also terminate your employment for refusal to work. Returning to work also includes accepting a light-duty position when the doctor states you can perform the duties with restrictions.
Forcing an injured worker to return to work early is a common tactic used by workers’ compensation insurance providers and employers. If you are forced to return to work before you are healed, contact a Tampa workers’ compensation lawyer immediately for help.
Failing To Report Prior Work Injuries and Accidents
If you sustained a prior injury before your workplace accident, you need to disclose it to your doctor. Failing to report the prior injury could result in the loss of workers’ compensation benefits, and you might be accused of workers’ compensation fraud for failing to disclose this information.
Your employer and the insurance provider may try to argue that your current injury is the result of a pre-existing condition instead of a work injury. A pre-existing condition is a medical condition you already had at the time of your workplace accident. It is better to hire a Tampa workers’ comp attorney to fight an objection based on a pre-existing condition than to fight allegations of fraud.
Failing to Consult a Tampa Workers’ Compensation Lawyer
Representing yourself may mean you are the only party in the room without a lawyer. The workers’ compensation insurance company has a team of lawyers, insurance adjusters, investigators, and other professionals working to protect it from liability. Most employers have legal counsel to protect their best interests.
As an injured employee, you are at a disadvantage. The other parties have legal counsel to ensure they understand the law and their legal options. They may use their advantage to deny your workers’ comp claim or limit your compensation.
It is worth your time to consult a Tampa workers’ compensation lawyer about your case. During a free consultation, you learn about your legal rights and how an attorney can help you pursue all compensation you are entitled to receive for a workplace injury.
Learn More About Workers’ Comp Claims in Tampa, FL
Contact an attorney for a free case evaluation if you have questions about a workers’ comp claim. You may be entitled to substantial benefits, and our Tampa personal injury attorneys can help you understand your best course of action.
Contact a Tampa Workplace Accident Lawyer from Winters & Yonker Personal Injury Lawyers for Help Today
For more information, please contact Winters & Yonker Personal Injury Lawyers to schedule a free consultation with a personal injury lawyer in Tampa today. We have five convenient locations in Florida, including Tampa, Clearwater, St. Petersburg, New Port Richey, and Lakeland.
We proudly serve Hillsborough County, Pinellas County, Pasco County, Polk County, and its surrounding areas:
Winters & Yonker Personal Injury Lawyers – Tampa Office
601 W Swann Ave, Tampa, FL 33606
(813) 223-6200
Winters & Yonker Personal Injury Lawyers – Clearwater Office
600 Bypass Dr Suite 224-D, Clearwater, FL 33764
(727) 493-4418
Winters & Yonker Personal Injury Lawyers – St. Petersburg Office
111 2nd Ave NE Suite 350, St. Petersburg, FL 33701
(727) 314-5988
Winters & Yonker Personal Injury Lawyers – New Port Richey Office
5006 Trouble Creek Rd Unit #200, Port Richey, FL 34652
(727) 910-5060
Winters & Yonker Personal Injury Lawyers – Lakeland Office
1543 Lakeland Hills Blvd Suite 18, Lakeland, FL 33805
(863) 251-6196