When you get hurt at work, you are eligible for free medical care and a partial wage until you can return to your job. Prompt receipt of your benefits can be critical to avoid financial hardship.
The length of an Orlando workers’ compensation claim depends on numerous factors, and many of them are outside your control. However, when you work with our workers’ comp attorneys at Colling Gilbert Wright—The Florida Firm—you can rest assured that your claim reaches resolution as quickly as possible. Other attorneys and law firms across Florida regularly refer their clients to our firm because they trust our knowledge, professionalism, and proven record of success in complex workers’ compensation cases.
When Do Benefits Begin?
Workers’ compensation benefits provide essential support for employees with work-related illnesses or injuries that prevent them from working. For most industries, your coverage begins on your first day of work, even if your employment is temporary, part-time, or seasonal.
You cannot receive temporary disability benefits unless your injury causes you to miss at least seven days of work, as your entitlement to payment begins on the eighth day. If your injury prevents you from working for at least 21 days, you will receive disability payments retroactively for the first week when the injury occurred. The insurer must issue the first payment within 14 days of accepting your claim for workers’ compensation in Orlando.
The initial claims process usually goes smoothly, but it is critical to investigate the reason for a rejection and how to address the concern. You have 30 days to dispute any decision made by a workers’ compensation insurer. Contact our attorneys as quickly as possible to explore your options.
Adhere to the Initial Claims Process
One cause of delay in obtaining workers’ compensation benefits is an initial denial of your claim. There are several common reasons why workers’ compensation might deny your claim.
Delayed Report
Florida Statutes § 440.185(1) requires you to report a work-related injury or occupational illness claim to your Orlando employer within 30 days. If you do not meet the deadline, the employer’s workers’ compensation insurer can deny your claim.
Occupational illnesses often develop over months or years, but you should report any condition you believe is work-related as soon as you receive a diagnosis. You should be ready to provide medical records and other documentation confirming the onset of symptoms and official diagnosis by a qualified medical professional.
Question of Whether the Condition Is Work-Related
A workers’ compensation insurer is likely to deny a claim if it believes your illness or injury is unrelated to your work. It will flag your claim if it believes the symptoms you report and the medical professional’s findings do not correspond with your report of the incident. Reporting an accident to your employer immediately can reduce the likelihood of these denials.
Errors and Omissions on Initial Claim
If you submit an incomplete claim or one that includes mistakes, the insurer may deny it. Even seemingly meaningless errors can negate a claim. Our attorneys could help you appeal a workers’ compensation claim denial based on errors or omissions. We could also help prepare an initial claim, ensuring it completely and accurately includes all the necessary supporting documentation.
Progress of Medical Treatment Impacts the Duration of the Process
Most workers’ compensation claims resolve when you recover from your illness or injury and return to your job. If your condition prevents you from working full-time at your job, you can receive temporary disability benefits for up to 104 weeks or until you reach the point of maximum medical improvement (MMI), whichever comes first. Your health care provider will report that you have reached MMI when they believe that further treatment will not improve your condition or functioning.
A doctor will examine you to assess the extent of your permanent impairment, which determines your disability rating. The rating determines your permanent disability payments. If you disagree with the rating, you can request an independent medical exam.
The doctors’ schedules and the speed with which they complete their reports have an impact on how long it takes to get a disability rating and begin receiving permanent disability payments. If you disagree with a doctor’s decision and decide to appeal it, the appeals procedure will require time to reach a resolution. Our Orlando attorneys could explain the likely timeframes depending on where you are in the workers’ compensation process.
Engage an Orlando Attorney To Assist With the Timing of Your Workers’ Compensation Claim
Following the rules and efficient management can reduce the length of an Orlando workers’ compensation claim, but some variables are not controllable. At Colling Gilbert Wright, we use our best efforts to resolve your claim with as little delay as possible. Contact The Florida Firm today for a free consultation.