My Employer Did Not Report My Injury: What Do I Do?

Regarding workers’ compensation, reporting your injury to your employer is crucial for initiating the claims process. However, there are unfortunate cases where employers fail to report injuries to their insurance providers. This can leave injured workers without the benefits they are entitled to.

Unfortunately, this scenario is common in workers’ compensation claims. Many employers tend to “forget” or even refuse to report workplace injuries to their insurance providers. That’s because work-related injuries can drive up the cost of premiums. And if you’re running a business, the last thing you want is to pay more for workers compensation insurance.

This is why many injured workers are often left to the curb. Some employers will just tell them to use their personal health insurance. While others would even go as far as threatening employees who file workers comp claims. With no benefits, they often have to shoulder medical expenses from their own pockets. Plus, recovering from their injuries will cause them to miss work for days – most of the time without pay.

If you’re in this situation, know everything is not lost yet. Here’s a quick guide on what to do when your employer does not or refuses to report your injury.

WHEN TO REPORT AN INJURY

You should report the injury to your employer when you get injured at work. Otherwise, they won’t be able to start processing your workers’ compensation claim.

Most states have a prescription period when reporting work-related injuries. In Florida, like most states, you only have 30 days to report a work-related injury to your employer. This starts on the day you got injured or, in the case of cumulative injuries, when you’ve had knowledge of it.

However, it is generally advised not to wait until the 30-day deadline to report an injury. Reporting the injury to your employer on the day it happens or immediately after seeking medical attention is recommended. By informing your employer promptly, you can initiate the claims process sooner and potentially receive your benefits earlier.

Some employers, especially large corporations, have protocols for reporting workplace injuries. Usually, it requires you to fill out a form, attach the supporting evidence, and submit it to human resources. Your insurance provider should have a workers’ compensation claim form if they don’t.

So, to report an injury, you should:

1. FILL OUT THE INJURY CLAIM FORM

The work injury claim form typically requires information about you, the kind of work you do, and the circumstances of your injury. Make sure you fill out the form correctly and thoroughly. Don’t forget to include details like the exact time and date of the accident, where it happened, who witnessed it, what body parts were affected, etc.

Ideally, your employer should help you complete the form. If they seem uncooperative or withhold the form from you, it might be a sign that they don’t intend to inform the insurance provider of your injury.

If your injury requires immediate medical attention, get the necessary treatment before reporting the incident. However, report the injury as soon as possible afterward.

2. ATTACH MEDICAL EVIDENCE AND OTHER SUPPORTING DOCUMENTS

Your workers’ comp claim should be substantiated with medical evidence to prove you are injured. So, make sure to include your medical records when you submit your work injury report. Depending on the circumstances of your injury, you may also need to attach other supporting documents like affidavits from witnesses, police reports, or your employment history.

After submitting your work injury claim, your insurance provider will contact you to verify your claim. Afterward, they will schedule you for an initial examination with a doctor of their choosing. They can approve or deny your claim depending on the medical examination results and the other evidence you submitted.

WHAT HAPPENS IF AN EMPLOYER FAILS TO REPORT AN INJURY IN A TIMELY MANNER?

As mentioned, if your employer fails to report your injury to your insurance provider, your workers’ compensation claim can be denied. This means you won’t get any medical benefits and must pay for medical expenses from either your personal insurance or out of your pocket. You won’t be eligible for lost wages reimbursement if you must take time off work. 

After informing your employer, they, in turn, need to inform the insurance company about it within seven days. Section 440.185 of Florida Statutes states that failure to report an injury in a timely manner shall render the workers’ compensation claim invalid. 

Since each state has different workers comp laws, the timeframe can also vary. To ensure you won’t lose your benefits, report workplace injuries immediately after the incident or as soon as you know about it.

WHAT CAN YOU DO?

If the prescription period hasn’t expired yet, you can remind your employer to submit the report as soon as possible. But if that fails, you can go directly to the insurance provider.

Under Florida’s workers’ comp laws, employers must post workers’ comp insurance carrier information in the workplace. Contact the insurance provider and inform them directly of your injury. You can contact the Employee Assistance Office if no such information is posted. They can help you obtain that information.

After you inform your insurance carrier of your injury, they should send you an informational brochure within three days. The brochure will explain your rights and responsibilities as an injured worker. It also contains additional information about the state’s workers’ compensation laws.

The insurance provider will also start evaluating your claim. If they see that the claim is legit and you’re eligible for workers comp, you should receive your benefits within a few weeks.

In some states, however, you can’t go directly to your insurance provider. In such cases, your best recourse is to contact your state’s Department of Labor or any government office handling workers’ compensation complaints.

WHAT TO WATCH OUT FOR

Sometimes, employers won’t directly tell you they won’t report your injury. Instead, they employ tactics that can cause you to receive less or totally lose your workers’ compensation benefits. Unfortunately, most injured workers will only realize the ploy after it’s done. To avoid falling prey to these tactics, here are some things you need to watch out for:

1. PROMISES OF BIGGER PAY AND LIGHTER WORKLOADS IF YOU RETURN TO WORK.

Employers know that the longer you miss work, the higher the workers’ compensation cost will be. This, in turn, will raise their workers’ compensation premiums. That’s why it’s not uncommon for some employers to entice injured workers with bigger pay and a lighter workload if they return to work, even if they haven’t yet fully recovered.

If this happens to you, know you are not required to work unless your doctor gives you the green light. If you return to work before you are physically ready, it may worsen your condition. And this time, you won’t be able to claim any benefits since you’ve already returned to work.

2. PROMISES OF REIMBURSEMENT IF YOU USE YOUR PERSONAL INSURANCE TO PAY FOR MEDICAL COSTS.

If you pay for emergency treatment and other medical expenses using your personal injury insurance, it can be used as evidence that your injury is not work-related. As such, it may invalidate your workers’ compensation claim.

3. THREATS OF PUNISHMENT OR TERMINATION

This may seem a bit extreme, but they do happen. If your employer threatens to punish or fire you for filing a workers’ compensation claim, don’t hesitate to report it to your state’s workers comp board.