If you’ve been injured on the job in Miami, it’s important to understand the deadlines that apply to Florida workers’ compensation claims. Missing key deadlines—such as when to report your injury or file a claim—can put your right to benefits at risk.
This page explains the most important time limits you need to know, how they apply, and what steps to take to protect your claim. Whether you’re just starting the process or facing delays, knowing your rights can make all the difference.
If you or a loved one has been hurt on the job, call James D. Payer and his Miami team at (305) 363-7099 for legal support. Payer Law Personal Injury Lawyers can answer your questions about workers’ compensation and help navigate a claim.
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The Importance of Workers’ Comp Deadlines in Miami
Florida law imposes strict deadlines throughout the workers’ compensation process, from reporting the initial injury to handling medical care and filing a claim. Missing a deadline can have serious repercussions, including total loss of benefits. However, these deadlines apply not only to the injured worker but also to employers and insurance carriers.
How Long Miami Employees Have To Report a Work Injury
In Miami, Florida, injured workers have 30 days to notify their employer about their injury or symptoms resulting from an accident per Florida Statutes § 440.185.
If the employee does not report within this timeframe, they generally lose the right to file a claim. However, there are some exceptions to this rule, including if:
- The employer already knew about the injury
- The connection of the injury to work could not be determined without a medical opinion first
- Exceptional circumstances justified the delay, such as illness or other serious obstacles
It’s important to communicate your injury to your employer through written notice, such as text or email, rather than verbally. This allows you to have documented evidence of what was said and when it was said in the case of disputes.
Timeframe To File a Miami Workers’ Compensation Claim
You have two years to file a claim under Florida’s statute of limitations for workers’ compensation claims. The clock begins on the date of injury or when the worker becomes aware of the injury and its connection to the job.
It’s essential to understand the distinctions between reporting an injury and formally filing a claim. Reporting your injury to your employer must be done within 30 days of when the accident took place or your injury became apparent.
To complete this process, you must provide written or verbal notice to your supervisor, Human Resources department, or manager so that your employer can report the incident to their insurance company. As mentioned earlier, we always recommend documenting this in writing, as it serves as physical evidence of your reporting in the event of any disputes.
Filing a claim, also known as a petition for benefits, must be done within two years of when your injury was discovered or one year from the last payment of benefits, whichever is later. This is a formal legal document that you file with the Florida Division of Administrative Hearings. You typically file a claim if the following are true:
- Your benefits are denied
- You are not receiving fair treatment or payment
- Your claim is being disputed or delayed due to uncertainty over your rights
Under Florida’s workers’ compensation laws, the time limits for filing a petition for benefits can be tolled or restarted based on continued medical treatment or a prior denial of benefits. For instance, if you receive authorized medical care, it resets the one-year clock for filing a claim. Similarly, if insurers issue a written denial of benefits, the statute of limitations may be paused under certain circumstances.
Our dedicated personal injury attorneys can help determine how long you have to file a workers’ compensation claim based on your unique situation. Call our Miami work injury lawyers today to learn more.
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The One-Year Gap Rule in Florida Workers’ Comp
Workers in Florida may lose their right to benefits if they go 12 months without authorized treatment. Gaps in care could occur if you miss medical appointments or face confusion about doctor authorization.
It’s important to stay in close contact with your healthcare provider throughout the workers’ compensation process and to maintain ongoing care. This keeps your claim active and prevents loss of benefits.
Additional Workers’ Comp Deadlines for Miami Workers
There are additional deadlines that injured Miami workers should be aware of, including those involving insurance companies and independent medical exams, or IMEs.
Notifying Insurance Carriers of Accidents
All Miami employers are required to report worker injuries to their insurance carriers within 7 days of receiving notice.
If your employer does not report the incident within this timeframe, you can go directly to their insurer and begin the claims process. You can also contact the Florida Division of Workers’ Compensation for assistance with identifying your employer’s insurance carrier, filing the claim, and protecting your rights.
Independent Medical Exams Deadlines
An Independent Medical Examination (IME) is an evaluation requested during a workers’ compensation case in Florida to assess an injured worker’s condition. It’s conducted by a doctor who is not involved in the worker’s treatment and is intended to provide an objective opinion on medical issues in dispute.
Failing to attend the IMEs scheduled by the insurer could result in your claim being delayed or denied.
You can stay up-to-date with these appointments by utilizing calendar reminders on your phone and confirming the address and time when scheduling.
Risks of Missing a Workers’ Compensation Deadline
If you fail to provide your employer with a notice or file a petition within the set timeframe, this can bar you from recovering benefits. However, Florida law allows some flexibility when good cause is shown for failing to meet these deadlines. This is done on a case-by-case basis. While not guaranteed, the following situations could extend the filing deadlines for your claim:
- Lack of knowledge about the right to file or that the injury was work-related
- The employer or insurer misled the employee about coverage
- The employer failed to report the injury
- The employee was incapacitated and unable to file the claim on time
- Confusion about ongoing treatment and coverage
Due to the complexity of these cases, we recommend scheduling a free consultation with our compassionate legal team. Our Miami workers’ compensation lawyer, James D. Payer, can help guide you through the claims process, answering any questions you may have and determining the applicable statutes and regulations.
Keeping Track of Your Workers’ Comp Deadlines
It’s vital that you create and maintain a written or digital timeline of important dates, starting with the date of the injury. We recommend organizing all documents, including emails, medical records, and notices, in a dedicated folder. This will help you organize everything and keep track of dates.
You should also consider partnering with an attorney for legal guidance. Our highly trained and knowledgeable team can help prevent errors in your documentation and ensure timely filing, reducing the risks of delays and denials.
Our Miami Workers’ Compensation Lawyers Keep Injured Workers on Schedule
James D. Payer and his legal team closely monitor deadlines for clients, handling all documentation and communication with insurers. Our law office actively tracks appointments, forms, and filing requirements to ensure full compliance. If you have questions about deadlines, eligibility, or wish to partner with a member of our team, schedule a free case evaluation today.
It Pays To Call Payer: Get Help With Your Florida Workers’ Comp Case Today
Missing any of the crucial deadlines in the workers’ compensation process could cost you your entire claim. At Payer Law Personal Injury Lawyers, we can review your case and determine your eligibility to file a lawsuit against a third party.
Whether you have been hurt in a construction accident or car crash on the job, you deserve justice. For further information and to work with our dedicated team, call us at (305) 363-7099 or reach out online to schedule a free case evaluation with James D. Payer.
