It has been a longstanding requirement for injured workers in Florida to receive an informational brochure outlining in plain and clear language their rights and responsibilities following a work injury. Insurance carriers are required by law to provide this brochure to the injured employee within 3 days of receiving notice of the work injury in a manner “approved by the Department.”
In 2020, as a part of the state’s response to the COVID-19 pandemic, the Florida Department of Financial Services departed from a longstanding rule requiring such brochure be mailed to the employee’s last known address and allowed the informational brochure to be sent to the employee by email or fax as long as it was sent within three (3) days. Since many employees do not have email addresses or access to faxed correspondence, injured workers over the past year may not have received this crucial information.
Effective June 27th, all work comp insurance carriers must resume mailing injured workers the required informational brochures. Failure of an insurance carrier to make sure this important information is delivered to injured workers could result in workers having additional rights in their case. If your case has been denied on the basis of a statute of limitations defense (failure to timely bring a claim), it is extremely important to speak with an experienced workers’ compensation attorney who can go through the circumstances of your case to see if there is an exception to such denial.
The attorneys of Syfrett, Dykes & Furr are available to speak with you about your work injury. (850) 785-4442.