How long after a workplace accident do you have to report it to your employer if you’re employed in Florida? The state’s laws regarding workers’ compensation claims require you to report the accident and injury to your employer within 30 days. Otherwise, the workers’ comp insurance company handling your claim will be free to deny it.
However, waiting 30 days is not recommended. You should report your accident to your employer as soon as you possibly can. The longer you wait to report your accident, the more the details of your accident will start to become cloudy and inconsistent. If there are too many discrepancies in your report, then your employer and their insurer could become skeptical that the incident happened within the context of your employment.
Don’t assume that your employer “must know” about your accident just because it happened in a public place and was witnessed by other people, either. For example, if you slipped and fell at your cash register in front of customers and coworkers alike, then you might be tempted to assume that someone will tell your employer about it. Err on the side of caution and always make an official report with your employer yourself.
When Does Your Employer Have to Report Your Accident?
You need to tell your employer within 30 days about your workplace accident. But your employer needs to pass that report to their workers’ compensation insurance provider.
Legally, your employer must tell their insurer within 7 days of your report. Just like with your report, though, there is seldom a good reason to wait. Your employer should attempt to pass along your report and relevant information as soon as possible.
Once the insurance company receives your employer’s report about your workplace accident, they also must comply with a new statute of limitations. The insurer has to send you an information packet within 3 days of getting your employer’s report. The packet will likely be sent by priority mail, and it may be accompanied by a digital version sent via email if possible.
When Employers Refuse to Report Your Accident
Not all employers will be honest about the workers’ compensation claims process. They know that their insurance premiums will go up each time a worker gets injured on the job. To try to cut costs, they might refuse to notify the insurance company about your accident or intentionally delay your report to try to get you to give up entirely.
If your employer is not cooperating or is mismanaging your claim, then you can report your workplace accident directly to the insurance company. Of course, dealing with an insurer won’t be any more enjoyable than dealing with an uncooperative employer, so it is not recommended that you handle this process alone. Teaming up with a local workers’ compensation attorney can make a huge difference in the success of your case.
Workers in Central Florida and Orlando can come to Van Dingenen Law for guidance and representation during all sorts of workers’ compensation claims. Contact us now to arrange a free consultation.