What to Do if Your Employer Refuses to Report Your Injury to Their Insurance?
When a worker is injured in the workplace, they expect their employer to help them in every way they can. At the very least, an employer should facilitate the workers’ compensation claims process to help their injured employees get back on their feet as soon as possible.
Unfortunately, not all employers are cooperative when it comes to helping their employees obtain workers’ comp benefits. If your employer refuses to report your claim or stalls the claims process in any other way, talk to a Tampa workers’ compensation attorney to discover your options.
Did You Notify Your Employer of the On-the-Job Injury?
Florida’s workers’ comp law requires injured workers to notify their employer of the work-related illness or injury within 30 days after the accident or discovery of the link between the job and the injury or illness.
Failure to notify your employer within that time frame may bar you from obtaining workers’ comp benefits in Florida.
What to Do if Your Employer Refuses to Report a Workers’ Comp Claim?
While employees have an obligation to notify their employers of their on-the-job injury, employers are obligated to contact their insurance company and report the accident. Under Florida law, an employer is required to notify their insurance carrier within seven (7) days of actual knowledge of the work-related injury or illness.
Note: An employer who fails or refuses to report a workers’ comp claim or send any other report or notice required by Florida law is subject to an administrative fine of no more than $500 for each failure.
But what should the injured worker do if their employer is not willing to notify the carrier? After all, the worker needs to pay their medical bills one way or the other. If the insurance company does not know about your work-related injury or illness, you cannot receive the benefits.
Contacting the Insurance Carrier Yourself
If your employer refuses to make a claim, you will have to contact the insurance carrier yourself. Typically, all workplaces have posters that provide workers’ compensation insurance information.
If you have found it, call the insurance company’s number listed on the poster in order to make a claim. However, if you cannot locate the poster, you should contact the Bureau of Employee Assistance and Ombudsman (EAO) to obtain more information about your employer’s insurance carrier.
Prior to contacting the EAO or your employer’s insurer, consult with a skilled attorney. While hiring a lawyer is not always required when seeking workers’ comp benefits, the fact that your employer refuses to report your claim means that the process of obtaining compensation will most likely be not as straightforward as for other injured workers.
Your employer’s refusal to make a claim is a sign that you will have a hard time obtaining the compensation you are entitled to. For this reason, you should get help from a Tampa workers’ compensation attorney to determine your best course of action and fight for your compensation. Contact Kobal Law for a case evaluation. Call at 813-873-2440.