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.
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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