What Happens If Your Employer Does Not Report Your Work Injury in Florida?

You get hurt on the job in Fort Lauderdale, notify your employer, and maybe even fill out a few forms, but then nothing happens. No call from the insurer, no authorized doctor, no claim number. To make matters worse, your employer may be dodging your phone calls or engaging in other delay tactics.

Fortunately, you are not without options. Our experienced Fort Lauderdale workers’ compensation lawyer protects clients in these cases. Find out what Florida law requires of employers when on-the-job injuries happen and what you can do when they fall short.

On-the-Job Injuries in Fort Lauderdale: What Florida Law Requires and What Happens When Employers Ignore It

Under Section 440.185 of the Florida Statutes, an employer must report a workplace injury to their workers’ compensation insurer within seven days of being notified. That is a legal obligation, not a suggestion, and violating it carries consequences for the employer.

So why do some employers still fail to file? The reasons tend to fall into a few familiar categories:

• They are worried about premium increases.
• They dispute whether the injury actually happened at work.
• Smaller employers without dedicated HR staff sometimes let administrative tasks, including injury reporting, slip.
• In some cases, employers actively discourage workers from filing, using pressure, promises, or confusion about what the worker is entitled to.

None of these reasons changes your rights. Florida workers can still file their own First Report of Injury or Illness, known as Form DWC-1, directly with the Florida Division of Workers’ Compensation if their employer fails to act.

Steps To Take When a Fort Lauderdale Employer Won’t File Your Workers’ Compensation Claim

If a Fort Lauderdale employer refuses to file your workers’ compensation claim or respond to your questions, don’t wait. Florida requires injuries to be reported within 30 days, and while exceptions exist, the clock is running. Here is what to do:

• If you haven’t already, put your injury report in writing, send it to your employer or HR department, and keep a copy.
• File Form DWC-1 yourself through the Florida Division of Workers’ Compensation.
• Document every attempt you have made to get your employer to act, including dates, who you spoke to, and what was said.
• Get medical attention and keep records of every visit, every diagnosis, and every expense you have paid out of pocket.

If your employer is actively trying to discourage you from filing or has outright refused to report your injury, that behavior may constitute retaliation under Section 440.205 of the Florida Statutes, which is a separate legal matter on top of your workers’ comp claim.

Request a Consultation With An Experienced Fort Lauderdale Workers’ Compensation Lawyer

When a Fort Lauderdale employer drags their feet or refuses to file workers’ compensation claims, the Law Offices of David M. Benenfeld, P.A. can step in. Our experienced Fort Lauderdale workers’ compensation lawyer can review the situation, deal with your employer, and help you get the benefits you need to recover. Request a consultation at our Sunrise, Fort Lauderdale, or West Palm Beach office today.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.185.html

myfloridacfo.com/division/wc

myfloridacfo.com/docs-sf/risk-management-libraries/risk-documents/02-dfs-f2-dwc-1-fnoi_rev3-2009.pdf