If you are injured while on the job, it is your employer’s duty to report your injury to Workers’ Compensation. If your employer did not report your injury, you cannot collect workers’ compensation benefits.
In Florida, employers failing to report injuries to workers’ compensation face serious penalties because such failure is against the law.
Our experienced lawyers at Berlin Law Firm will fight for you so that you can receive the workers’ compensation benefits you deserve.
Employer Responsibility
The first step to take after suffering an on-the-job injury, other than seeking immediate medical treatment, is to report your injury to your employer.
You have 30 days in which to do this, but it is wise to do so right away. At that point, it is your employer’s responsibility to report your injury to its workers’ comp insurance carrier.
Under Florida law, the report to the insurer should be filed as soon as possible but no longer than seven days after you notify your employer.
Within three business days of receiving the report, the insurance company should send you information about the workers’ compensation process via regular mail or email. If you do not receive this information within a reasonable amount of time, check to see if your employer filed the report.
If the employer did not file the report, you can report the accident to the insurance provider yourself.
Avoidance Tactics
Some employers may practice avoidance tactics to prevent injured workers from filing claims. They may insist that you have your personal health insurance policy cover the injury. Beware of bonuses or other potential “bribes” offered by the employer on the condition of not filing a workers’ comp claim.
Keep in mind that it is against the law for an employer to fire or threaten to fire an employee for filing or trying to file a workers’ compensation claim.
Some employers may attempt to misclassify an employee as an independent contractor to avoid paying workers’ comp insurance or report claims.
Our Workers’ Comp Attorneys will help you fight unfair or illegal employer practices. If your employer does not file a claim with their insurer, they lose the immunity from civil lawsuits from which workers’ comp protects them. They are vulnerable to having the injured work file a personal injury lawsuit against them.
Can You Collect Workers’ Comp After Being Fired?
Under Florida law, your right to collect workers’ comp benefits will not be affected if your employer fires you after you suffer an on-the-job injury. Florida is a “right to work” state that allows employers to terminate employees for a legitimate reason or no reason at all. However, your employer can’t fire you for a discriminatory reason or in retaliation. Termination because you filed a worker’s compensation claim is employer retaliation and is barred by Florida law.
Being fired will not preclude you from recovering workers’ comp benefits to pay medical expenses associated with your injuries and, in most cases, to replace your lost wages while you are unable to work.
The critical elements to collecting Florida workers’ comp benefits after you are fired are the same for any workers’ compensation claim:
- The injury must have occurred while you were employed and providing services for your employer. You need to retain your pay stubs and other proof of employment to show your dates of employment.
- You must promptly report the job-related injury, preferably in writing, to your employer after it happened. Ideally, your manager or a human resources representative will counter-sign and date your written notice of an injury to verify that you reported it.
- Verify that your employer reported the accident to its insurance company and, if not, report it yourself.
- Your injuries must be examined and acknowledged by a healthcare provider authorized to diagnose and report workers’ comp injuries to your employer’s workers’ compensation insurance carrier.
- Follow all directions and recommendations the examining doctor makes to facilitate recovery from an on-the-job injury.
In some cases, if your injuries do not completely prevent you from working, your employer might decline to accommodate them and assign you other job duties that you can still perform. They might adopt this strategy to influence you to quit your job instead of firing you. If you do quit, however, you will impair your opportunity to recover workers’ comp benefits. Call an experienced Florida workers’ compensation lawyer immediately if you suspect that your employer is pressuring you to resign after you are hurt in an on-the-job accident.
Florida and other states have adopted workers’ compensation laws to protect employees and preclude negligence lawsuits by employees against employers. An injured employee can collect workers’ comp benefits without proving an employer’s negligence. Regardless, employers and insurers are incentivized to reduce workers’ comp claims and benefits payments.
When those incentives lead to the termination of an injured employee’s job, the employee will best be able to protect their rights by hiring a Florida workers’ compensation lawyer. We have the skills and experience to challenge the employer and its workers’ comp insurance carrier to get the full measure of benefits that you deserve.
Employer Penalties
According to Florida law, employer or carrier penalties for not reporting a timely form, report, or notice required by Workers’ Compensation include an administrative fine not to exceed $500 for each refusal or failure. If it is the employer who fails to notify the carrier, the employer must pay any administrative fines.
In addition, your employer may face criminal penalties for violating the state’s workers’ compensation laws.
Effects of Failure of the Employer to Report Your Injury on the Statute of Limitations
According to Florida law, once the employer has actual knowledge of your injury, they must report the claim within 7 days to their workers’ compensation insurance Company.
It is essential to note that the employer’s failure to report your claim to the insurance company indefinitely tolls the two-year statute of limitations.
Therefore, even if you are attempting to request benefits more than 2 years after the date of your accident, a claim can be successfully pursued if it can be established that the employer knew of your injury and failed to appropriately complete its duty to report your claim to its insurance company.
Contact Our Florida Workers’ Compensation Attorneys
If your employer did not file your workers’ comp claim, or if you need help navigating the often complex Workers’ Compensation claims process, schedule a free, no-obligation consultation with the Berlin Law Firm today. We can help determine the best course of action for you to take, including taking your case to court.
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