While a remote workplace may seem like a perfectly safe and controlled environment, there are still many valid injuries that can happen if you are a remote employee. It is important to understand how to navigate a remote workers’ compensation claim so you can access the benefits owed to you no matter what happens.

How Does Workers’ Compensation Work in Florida?

Workers’ compensation provides medical benefits, lost wage compensation and vocational rehabilitation for employees who suffer an injury in the course of their work duties. Florida employers with four or more employees must provide workers’ compensation benefits to every person classified as an employee in the company. However, employers do not have an obligation to provide workers’ compensation to independent contractors.

When you suffer a work-related injury, you must report it to your employer within 30 days. Your employer will then process the claim with the company’s insurance provider. The insurance company will cover all of the medical expenses related to the injury, as well as most of your lost wages for the time you are unable to work due to the injury.

Workers’ compensation is a no-fault system. This means that you do not have to prove that someone else caused your injury. You can get compensation even if you caused the accident. However, you must be able to prove that the injury is work-related or that it happened during the course of fulfilling your job duties.

What Qualifies as a Work-Related Injury for Remote Employees?

Any injury that happens in the course of work-related duties or during work hours is eligible for workers’ compensation. If you work during scheduled hours as a remote employee, having an accident while you are “on the clock” will likely qualify you for compensation as long as it did not occur during a break period or personal time.

Common examples of work-related injuries for remote employees include:

• The onset of carpal tunnel syndrome from excessive keyboard use
• Other repetitive strain injuries such as tendonitis
• Slip and falls that happen at home during work hours
• Back pain or neck pain from poor office ergonomics
• Mental health injuries stemming from work-related stress

Having an accident during a scheduled break period will usually not qualify you for workers’ compensation. Benefits also do not apply if you get an injury while running a personal errand, even during work hours. Keeping thorough records of your work hours and break periods can help prove that your accident happened while you were on the clock.

Is It Difficult To File a Remote Workers’ Compensation Claim?

Filing a remote workers’ compensation claim can be difficult because there might not be much proof that the injury occurred during the course of work. If you are working from home, there will not likely be any impartial witnesses or supervisors who can back up your claim.

More difficulties can arise if you are working remotely from across state lines. Workers’ compensation is a federal requirement, but the exact processes and regulations can differ from state to state. Without an experienced workers’ compensation lawyer on your side, it can be overwhelming to try and navigate the complexity of this type of claim.

What Should You Do After a Remote Workplace Injury?

If you experience any type of injury during the course of your work, it is important to take it seriously. Even if you are working remotely, treat the situation the same way you would at any other job or workplace. You may qualify for significant workers’ compensation benefits beyond what you expect.

To protect your well-being and start a strong claim, you should take the following steps after a remote workplace injury:

• Seek immediate medical attention and get a copy of your medical records
• Report the injury to your employer in writing
• Document the accident with details of date, time, location and injury descriptions
• Take photographs of the injury and the workspace where it happened
• Get in touch with a workers’ compensation lawyer

In most circumstances, hiring a lawyer should not be necessary for a workers’ compensation claim. There is no need to prove fault or lack thereof, and thorough documentation should be enough to prove that your injury was work-related. Even so, it is a good idea to consult with an attorney early on in the process to ensure you have guidance if complications arise.

Contact Our Florida Workers’ Compensation Attorneys Today

Navigating a workers’ compensation claim can be stressful, especially if you are a remote worker. At Kogan & DiSalvo Personal Injury Law, we understand that you are feeling stressed and that you do not want to make any mistakes when filing your claim.

Contact us today to get a free case evaluation from our workers’ compensation attorneys. We can provide legal counsel every step of the way to help ensure you get the full benefits you deserve. 

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But, while filing a workers’ compensation claim is one option, it might not be the only option you have available. With this in mind, here are some important steps to take after suffering a work-related injury:

7 Important Steps to Take After a Workplace Injury

1. Determine If You are Eligible for Workers’ Compensation 

One of the first steps you should take after suffering a work-related injury is to evaluate your eligibility for workers’ comp benefits. Doing so will determine what you need to do next, as well as what deadlines may apply.

Speaking to a lawyer is the best way to find out if you are eligible for workers’ compensation. An attorney can also review your case and advise you of any other options you may have for making a claim.

2. Report the Injury to Your Employer

If you are eligible for workers’ compensation, you will need to report the on-the-job injury to your employer. This is required under Florida law in order to obtain workers’ compensation benefits.

As the Florida Department of Financial Services explains, you should report your injury “as soon as possible but no later than thirty (30) days from the date the accident occurs, or within thirty (30) days of the date the doctor says you are suffering from a work-related injury.”

3. See a Doctor for Diagnosis and Treatment

You need to seek medical attention as soon as possible after being injured on the job. In the event of an emergency, you can go to a provider of your choosing. Otherwise, you will need to see a doctor who has been pre-approved by your employer or its insurance company in order to maintain your eligibility for workers’ comp benefits.

The insurer has a duty to notify you which doctor (or doctors) you are allowed to see for treatment of a work-related injury or illness. If the insurance company does not contact you within 5 days, you have the right to see a doctor of your choice.

Florida law strongly favors employers (and their insurers) in the choice of treating physician. If you are concerned about losing your right to workers’ compensation, you should speak to an attorney.

4. Follow Your Doctor’s Medical Advice

Once you receive a diagnosis and treatment plan, you need to follow all of your doctor’s recommendations. This means going to any follow-up appointments, filling your prescriptions, going to physical therapy, and staying home from work if necessary. If you ignore your doctor’s medical advice, not only could this delay or jeopardize your recovery, but it could have negative consequences for your legal claim (or claims) as well.

5. Work With An Injury Lawyer to Pursue Your Claim(s)

As mentioned above, while filing a workers’ compensation claim is one option after suffering a work-related injury, it might not be the only option you have available. In some cases, injured workers will have claims outside of workers’ compensation as well.

Common examples of third-party claims in the event of a work injury include:

• Slips and falls
• Vehicle collisions
• Product-related accidents

If a party other than your employer is responsible for your work-related injury (such as a negligent property owner, a company that manufactures a defective product, etc.), a workplace injury lawyer may be able to pursue a claim outside of workers’ comp. You may be entitled to recovery of compensation beyond what you can get through workers’ compensation benefits alone.

6. Decide Whether to Seek a Lump-Sum Workers’ Comp Settlement

If you have a workers’ compensation claim under Florida law, you have two primary options: (i) you can receive weekly disability payments and ongoing coverage for your medical bills or (ii) you can settle your case for a lump sum. A lump-sum settlement consists of a single payment for coverage of the expenses related to your work-related injury.

The decision to accept a workers’ compensation settlement must be made carefully and with the guidance of a lawyer. If you accept a lump sum and it does not cover the full extent of your losses, you will not have the opportunity to pursue additional compensation.

7. Fight to Make Sure You Receive the Compensation You Deserve

Regardless of whether you have a workers’ comp claim, a claim outside of workers’ comp, or both, you need to be prepared to fight for the compensation you deserve. Even though workers’ compensation is a “no fault” system, employers and their insurance companies routinely deny claims. Filing a claim outside of workers’ compensation presents a variety of challenges as well.

Nonetheless, asserting your legal rights is important for your health and financial stability. The best way to recover maximum compensation is to have an experienced lawyer on your side.

Contact a Work Injury Lawyer Today

Getting hurt on the job can be an overwhelming experience. Serious injuries can leave you unable to work and struggling to pay your bills. In some cases, you might never fully recover.

You need to know all of your options for bringing an injury claim in the wake of a workplace accident. Kogan & DiSalvo can review your case and determine your eligibility for workers’ comp as well as other types of legal action.

Please call Kogan & DiSalvo at (561) 375-9500 today for a free case review. Our work injury lawyers serve clients in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, and West Palm Beach

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