Am I Still Eligible for Workers’ Comp if I Missed the Reporting Deadline in Florida?
If you were injured at work, you should report the workplace accident to your employer as soon as possible if you want to obtain compensation for the work-related injury.
Florida workers’ compensation law imposes strict deadlines for reporting on-the-job injuries to be eligible for compensation. However, it is not uncommon for workers to miss the reporting deadline for various reasons:
- They were not aware of the state’s deadline for giving their employer notice;
- They did not believe that their workplace accident was significant; or
- They did not experience pain or any symptoms immediately after the accident.
Unfortunately, if you are late reporting your work-related injury, your employer’s insurance company is more likely to deny or devalue your workers’ compensation claim. If you missed the deadline or failed to report your workplace accident immediately, it is vital to contact a workers’ compensation attorney to help you receive the compensation you deserve.
How long do you have to report a workplace accident in Florida?
Under Section 440.185, Florida Statutes, injured workers have 30 days to report their accident to their employer. If you miss the deadline and do not report the work-related injury within the time frame, your workers’ compensation claim is likely to be denied.
However, if symptoms of a work-related injury were not immediately apparent after you were hurt and more than 30 days have passed following the workplace accident, you may still be eligible for workers’ comp benefits.
If you are late reporting your injury to your employer, it will be harder to obtain workers’ compensation benefits because the employer’s insurer is likely to dispute the severity or origin of your injury.
The insurance company is likely to argue that your injury did not occur at work and is not related to work. Also, the insurer may argue that your pain is not as severe as you claim if you failed to report the accident on time. As a result, the insurer would have grounds to deny or undervalue your claim.
Are you still eligible for workers’ compensation if you were late reporting your injury?
Yes, under certain circumstances, you may still be able to collect workers’ compensation benefits even if you missed the reporting deadline. You may be eligible for workers’ comp if:
- You did not report the accident, but your employer was or should have been aware of your on-the-job injury (e.g., they witnessed the accident);
- Your employer did not post a notice about workers’ compensation rules, as required by law;
- You have a condition or injury that developed gradually;
- You were quarantined because your work-related illness or disease was highly contagious; or
- You had another good reason for not reporting your workplace accident within 30 days.
If your workers’ compensation claim was denied because you missed the reporting deadline, a skilled attorney might be able to help you appeal the denial of your claim. Contact our Tampa workers’ compensation lawyer at Kobal Law to help you fight for the compensation you deserve even if you did not report your injury on time for whatever reason. Don’t make things worse by waiting or hesitating to retain legal counsel. Call at 813-873-2440 to discuss your options.
