What Happens If Your Employer Never Filed Your Workers’ Comp Claim?
If you get hurt on the job in Fort Lauderdale, inform your boss or supervisor, and seek medical care for your injuries. However, as the days pass, nothing happens. You begin wondering whether your employer actually filed your Florida workers’ compensation claim.
Florida employers often put off filing claims, hoping injured employees will eventually give up.
Our experienced Fort Lauderdale workers’ compensation lawyer represents clients in these cases and explains what you can do to get the benefits you deserve.
Why Employers Sometimes Fail to File Fort Lauderdale Workers’ Compensation Claims
Under Section 440.185 of the Florida Statutes, employers must report workplace injuries to their workers’ comp insurer within seven days of being notified. That is not a “suggested guideline”. It’s the law.
However, it’s not uncommon for employers to miss their deadline, either because they dispute whether injuries happened, how seriously you were hurt, or hope that, by not filing, the problem will go away. Common signs that your employer may not have filed your claim include:
- You have not heard from an insurance adjuster within a few days of reporting your injury.
- Your employer is discouraging you from seeking medical care or says that they want to “handle it internally.”
- You were told the injury “wasn’t serious enough” to report.
- No authorized treating physician has been assigned to you.
- Weeks have passed, and you still have no claim number.
Most Florida employers must provide workers’ compensation insurance, so why would they refuse to file a claim? They may be worried about increased insurance premiums, the company’s reputation, or want to avoid administrative hassles.
Regardless of the reason, injured workers have the right to file their own First Report of Injury or Illness (Form DWC-1) through the Florida Division of Workers’ Compensation.
How To Protect Your Rights To Workers’ Compensation Benefits in Fort Lauderdale
Workers’ compensation benefits help cover your medical care and offset lost income when on-the-job injuries happen in Fort Lauderdale. If your employer dropped the ball and failed to file a claim, take these steps:
- Submit a written injury report to your employer as soon as possible and keep a dated copy for your records
- File Form DWC-1 directly with the Florida Division of Workers’ Compensation.
- Document everything, including dates, conversations, symptoms, medical visits, and out-of-pocket expenses.
- Continue getting medical care for your injuries and keep records of every visit related to your injury.
To protect your rights when dealing with your employer and their insurer, contact an experienced Florida workers’ compensation lawyer. We can step in at any stage of this process, even if weeks have already passed, and fight for the benefits you are entitled to.
Contact Our Experienced Fort Lauderdale Workers’ Compensation Lawyer Today
Has your employer refused to file a Fort Lauderdale workers’ comp claim? At the Law Offices of David M. Benenfeld, P.A., our experienced Fort Lauderdale workers’ compensation lawyer provides professional legal representation, helping you get the benefits you deserve. Contact us today to request a consultation in our Sunrise, Fort Lauderdale, or West Palm Beach office.
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