What Happens If I Don’t Report a Work Injury in Florida?
If you’re injured on the job in Florida, reporting your injury promptly is critical to protecting your workers’ compensation benefits. Failing to notify your employer or delaying medical attention can jeopardize your claim and leave you without the financial and medical support you need.
Workplace injuries are an unfortunate reality. In a recent report from the Bureau of Labor Statistics, Florida reports over 64,000 total cases of work-related medical injuries and illnesses each year. Florida’s workers’ compensation laws are designed to protect employees and ensure they receive the medical care and financial support they need after a workplace injury. However, failing to report a workplace injury in a timely manner can jeopardize your right to these benefits.
At Avera & Smith, we’ve seen firsthand how important it is to act quickly and correctly when dealing with work-related injuries. In this article, our attorneys explain how the workers’ compensation process works, the potential consequences of missing deadlines, and your options if you’ve already missed the window for reporting your injury.
Were you injured while on the job in Florida? You may be eligible for workers’ compensation benefits. At Avera & Smith, Attorney Lance Avera is board certified in workers’ compensation law, a distinction that less than 1% of Florida workers’ compensation attorneys can claim. Lance and our team of workers’ compensation attorneys will protect you from employer retaliation, demand justice from insurance companies who refuse to pay, and fight to resolve disputed or denied claims. Know your rights. Call 800-654-4659 now for a free consultation.
Florida deadlines for reporting a workplace injury
In Florida, you must report a workplace injury to your employer within 30 days of the incident. This is a strict deadline set by law, and failure to meet it can result in your workers’ compensation claim being denied. The clock starts ticking from the date of the injury or the date you became aware of it.
Here’s an example:
If you injure your back lifting a heavy box and fail to report it immediately because you think it’s “just a strain,” you risk missing the reporting deadline. If the pain worsens weeks later and you finally seek medical attention, your claim could be denied because you waited too long to report the injury.
What happens if you don’t report the injury within 30 days?
If you fail to report your injury within 30 days of the incident, you risk losing eligibility for workers’ compensation benefits. This includes coverage for medical treatment, wage replacement, and other benefits designed to help you recover and return to work.
The consequences of not reporting your injury:
- Denial of benefits: Insurance companies will likely argue that the injury didn’t happen at work or that it wasn’t serious enough to warrant compensation.
- Lack of documentation: Without an official report, it becomes challenging to prove your injury is work-related.
- Out-of-pocket costs: You may be left paying for medical expenses and lost wages on your own.
What happens if you don’t seek medical attention for your injury?
In Florida, to be eligible for workers’ compensation benefits, you must seek medical attention promptly and from a medical provider approved by your employer and/or their insurance company. There are some exceptions to this rule. For example, you may be able to see your own doctor if you need emergency treatment or if the insurance company doesn’t notify you of a doctor in a reasonable timeframe.
Consequences of not seeking prompt medical attention from an authorized provider:
- Loss of benefits: Workers’ compensation benefits, including medical care, wage replacement, and rehabilitation, may be denied if you delay seeking treatment. Insurance companies often use late or delayed action as a reason to deny claims, arguing that the injury might not be work-related.
- Worsened health outcomes: Delaying medical attention not only impacts your ability to file a claim but can also worsen your condition, potentially leading to long-term complications or permanent disability.
- Employer or insurance disputes: If you fail to seek medical attention from an authorized provider, your employer and their insurance company may challenge the severity of the injury, leading to a claim denial.
What are your options if you miss a deadline?
While timely reporting is crucial for receiving workers’ compensation benefits, there may still be options if you miss the 30-day deadline. Florida law allows for limited exceptions, such as:
- Delayed awareness of the injury: If you didn’t immediately realize your injury was work-related, the 30-day clock may start from the date you became aware.
- Employer knowledge: If your employer was already aware of the injury (e.g., through a supervisor’s observation or an accident report), your claim may still be valid.
- Special circumstances: In rare cases, an attorney can help argue extenuating circumstances, such as being physically unable to report the injury or your employer discouraging reporting.
Contact an experienced workers’ compensation attorney
If you are worried that you’ve missed the deadline for reporting a workplace injury for a workers’ compensation claim, you should contact an experienced workers’ compensation attorney. An attorney can review your case and identify potential options. An experienced workers’ compensation attorney can also help you if your workers’ compensation claim was denied. At Avera & Smith, we’ve helped thousands of injured workers navigate the claims process and recover benefits, even in complex cases involving missed deadlines.
Need help with your workers’ compensation claim?
Contact the experienced Florida workers’ compensation attorneys at Avera & Smith
Call 800-654-4659 for a free case review
Navigating workers’ compensation claims in Florida can be complicated, especially if deadlines have passed or your claim has been denied. At Avera & Smith, we understand the challenges injured workers face, and we’re here to help you fight for the benefits you deserve. From gathering evidence to challenging unfair denials, our experienced team can guide you through every step of the process.
If you’ve been injured on the job, don’t wait. Contact us today for a free consultation and let us help you protect your rights. Time is of the essence, and we’re here to ensure you don’t face these challenges alone.
Request a free case review through our online form or call 800-654-4659 to speak with one of our attorneys.