When you sustain an injury on the job, it’s common to want to file a workers’ comp claim as soon as possible. But what if you develop a work-related disease that is not as easily diagnosed? How long do you have to file a claim?
As of this writing, Florida workers can report their occupational illness to their employers within 90 days of diagnosis. However, certain factors can affect your claim.
What illnesses does workers’ comp cover?
Florida law requires employers to cover occupational diseases directly caused by the nature of work or working environment. This means you may be eligible for compensation if you develop an illness in an occupation where the risk of that illness is higher than most other occupations.
Common examples of occupational illnesses include:
- Carpal tunnel syndrome
- Lung conditions (e.g., asbestosis, asthma, COPD)
- Skin conditions (e.g., allergies, inflammation, infections)
- Hearing loss
- Lead poisoning
- Cancer
However, employees may not receive full or any compensation if:
- They falsely stated in writing that they were not previously disabled, compensated or laid off due to an existing occupational disease
- An occupational disease aggravated their previous non-work-related condition
- They worked for the Department of Health in a state tuberculosis hospital, which aggravated their existing tuberculosis
Gathering medical evidence
If you suspect your condition is work-related, getting a diagnosis as soon as possible is important. You must have enough medical evidence to show that your nature of employment is the major contributing cause of the illness.
You can use medical reports, diagnostic tests and occupational health assessments to provide proof of a work connection. Gathering evidence can take a long time, so it’s best to tell your employer immediately.
Timing is crucial
Once you have your diagnosis, notify your employer within 90 days. You may lose eligibility if you fail to do so within the time limit. Your employer must legally file a claim with the insurance provider within seven days. If they refuse or fail to do so, you may contact the provider yourself.
Legal guidance is crucial in making sure you or your employer file your claim on time. An experienced workers’ compensation attorney can help you overcome challenges that may come your way and receive proper benefits.