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According to Florida's workers' compensation laws Section 440.19 an injured worker has two years after a work-related injury to file for workers' compensation benefits. If two years transpire and no claim is filed, the state's statute of limitations will expire.
Florida's Workers' Compensation Laws don't require an employer to hold a worker's job while he or she recovers from a workplace injury. However, these laws do prohibit an employer from terminating an injured worker if the action is retaliation for filing the workers' compensation claim.
How long after an accident occurs on the job do I have to report it to my employer? You should report the work-related accident 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.
Florida's Workers' Compensation Laws don't require an employer to hold a worker's job while he or she recovers from a workplace injury. However, these laws do prohibit an employer from terminating an injured worker if the action is retaliation for filing the workers' compensation claim.
The good news is that quitting a job doesn't affect your right to receive continued medical care under workers' compensation. Payments for treatment of your injury under workers' compensation should continue whether you are unemployed, move to another job, or even relocate to another state.
The quick answer: no. In Florida, it is illegal to fire someone for filing a workers' compensation claim. Employers are required to have workers' compensation insurance that will help their employees who get injured at or because of their work.
The Employer's Report of Occupational Injury or Illness (Form 5020). Every employer is required to file a complete report of every occupational injury or illness to each employee which results in lost time beyond the date of injury or illness or which requires medical treatment beyond first aid.
Florida law requires an injured worker to report the accident to your employer within 30 days (90 days if it is an occupational exposure case). If you fail to report the accident within this time-frame, then your employer can deny the claim due to late notice.
A Florida workers' compensation claim (a Petition for Benefits) is forever barred unless it is filed within (A) two years from the date of injury, or (B) after the initial two years, within one year of the last payment of compensation or within one year of the last provision of authorized medical treatment or care.
Regardless of when, how, or why your employer stops payments, workers comp cannot stop paying without notice. Your employer or their insurer cannot stop paying you workers' compensation benefits without telling you.