If you are injured in a work accident in Florida, do not wait to file a claim. In the state of Florida and
absent special circumstances, you only have 30 days to notify your employer or its carrier of your
accident and injuries. Make sure not to wait because if you do not file a claim within 30 days, it will be
very difficult to prove your case. Also, if you wait too long between your accident and the time you file
a claim (even if less than 30 days), your case may simply be denied by an employer or adjuster who
does not believe you. Although there are some ways around the 30 day notice provision, it is always
best to place your employer on notice as soon as possible and preferably via e-mail or in writing. That
applies even if you think you will get better or are reluctant to file a claim. Our claims attorney at
C.W. Smith Law, P.A. urges you to file within the time limitations to receive the most for your claim.
You Only Have 30 Days!
In the state of Florida, injuries are usually covered by the Florida Worker’s Compensation Law and
certain occupational or repetitive injuries are also covered under this law. You must provide notice of
your injury within 30 days of the accident, otherwise your claim could be denied for untimely
reporting. This is slightly different with repetitive injuries and you should consult with an attorney as
soon as possible to discuss your claim. If you would like more details about this law, you can read
Florida Statute Section 440.185 which can be found on our web site at
https://www.cwsmithlaw.com/attorney/attorney-resources/ You should always immediately consult
with an attorney after giving notice of your accident and injury to your employer if you believe there
will be any issues with timely or proper notice.
Third Party Claims
When you file a workers’ compensation claim you do not have to prove negligence of your employer,
but you also do not have the right to recover damages for pain and suffering. If your case involves a
third party, such as a motor vehicle accident on the job, you may also be able to pursue other
compensatory damages. There is a possibility you can bring a separate civil suit against the owner of
the property you were injured on (even if your employer), another worker on a job site, or the owner
of the machinery that caused your injury. Although such third party claims are not subject to the 30
day notice provisions, you should still consult with an attorney as soon as possible. This is so that
preservation of evidence (and any videos) can be demanded by your attorney. Such third party cases
are, however, subject to statutes of limitations which limit when a suit must be filed. This is another
reason you should always consult with an attorney soon after your accident.
If you have been injured at work and need to be placed on disability but are not receiving the benefits
you deserve, or have other questions about your claim, please contact our claims attorney at C.W.
Smith Law, P.A. We can review your case with you and help determine what benefits you may be
eligible for under the Worker’s Compensation Law. Please contact us today at 407-801-2667 or visit
our website cwsmithlaw.com .