Imagine this: you get hurt at work in Florida. You notify your boss, expecting them to handle everything. But they don’t. Days go by, and your injury report still hasn’t been filed. You’re left confused, in pain, and worried about your medical bills and lost wages.
At Sternberg | Forsythe, P.A., we’ve seen firsthand how devastating this scenario can be. As a trusted workers’ compensation law firm in Florida, we want you to know that you have options, and you don’t have to face this alone.
Understanding Florida’s Workers’ Compensation Reporting Laws
Florida law is very clear when it comes to reporting workplace injuries. According to Florida Statutes Section 440.185, an injured employee must report a work-related injury to their employer within 30 days of the incident or within 30 days of learning that an injury is related to work. Failure to do so could result in your claim being denied.
Once you’ve reported your injury, the employer is legally required to notify their workers’ compensation insurance carrier within seven days. This is done through a document called the First Report of Injury or Illness. That document sets the claims process in motion, enabling you to receive medical care and wage replacement benefits.
If your employer refuses to file the report, they are violating Florida law and jeopardizing your right to compensation.
Why Some Employers Refuse to Report Work Injuries
Unfortunately, some employers may try to avoid reporting injuries for several reasons:
- They fear increased insurance premiums
- They don’t carry valid workers’ compensation insurance (which is illegal)
- They want to pressure you into using your own health insurance
- They hope you won’t pursue the claim further
Regardless of the reason, this behavior is unlawful and unethical. As Florida work injury attorneys, we’ve seen how this tactic delays care, increases stress, and leaves workers in the dark.
What To Do If Your Employer Refuses to Report the Injury
Contact the Insurance Carrier Yourself
Florida law allows injured workers to report the injury directly to the employer’s workers’ compensation insurance carrier if the employer fails to do so. Every Florida employer is required to post workers’ compensation information prominently in the workplace. Look for the name of the insurance carrier, their contact details, and the policy number.
Call the carrier and explain that your employer has not reported your injury. You can submit your own version of the First Report of Injury to initiate the claim.
Contact the Employee Assistance and Ombudsman Office (EAO)
If your employer did not post their workers’ comp insurance information, or you can’t find it, contact the EAO. This is a state-run support office within the Florida Division of Workers’ Compensation. They can help you identify the insurance carrier and walk you through your next steps.
EAO Hotline: 1-800-342-1741 Website: https://www.myfloridacfo.com/division/wc/
Document Everything
Make a written record of your injury: what happened, when, who witnessed it, and when you informed your employer. If your boss refuses to respond in writing, send an email to document your attempts to notify them. Keep copies of all medical records, emails, and anything related to your injury. This documentation will be vital if your claim is disputed.
File a Petition for Benefits
If your employer and the insurance company continue to drag their feet, you have the right to file a Petition for Benefits with the Florida Division of Administrative Hearings. This petition allows you to seek unpaid benefits, medical treatment, and other forms of compensation. While you can file this petition yourself, having a workplace accident attorney in Florida can make the process smoother and more effective.
Protection Against Retaliation
One of the most common concerns we hear from clients is: “Can I be fired for reporting an injury?”
The answer is no. Florida law prohibits employers from retaliating against employees who pursue workers’ compensation benefits. If your employer fires, demotes, or otherwise discriminates against you after reporting a work injury or filing a claim, you may be able to bring a separate legal action for retaliation.
Common examples of retaliation include:
- Termination after filing a claim
- Reduction in hours or pay
- Unwarranted write-ups
- Hostile work environment
If you experience any of these, contact a Florida work injury attorney immediately.
Why Reporting the Injury Promptly Is Crucial
The clock starts ticking as soon as the injury occurs. Even if your employer is uncooperative, do everything you can to initiate the claim on your own. Waiting too long can damage your case. Remember:
- You have 30 days to report the injury to your employer
- Medical benefits may be delayed if the claim is not filed
- You may be denied lost wage benefits without proper documentation
According to the Florida Division of Workers’ Compensation 2023 Annual Report, nearly 70,000 workplace injuries were reported in Florida that year. Many of those claims started with the employee taking initiative when their employer failed to act.
How We Help Injured Workers in Florida
At Sternberg | Forsythe, P.A., we help injured workers across Florida who feel abandoned by their employers. Our team works to ensure:
- Your injury is formally reported
- You receive necessary medical treatment
- You recover wage loss benefits
- You are protected against retaliation
- Your legal rights are upheld throughout the process
We understand that dealing with a work injury is stressful enough. When your employer refuses to help, it can feel like the system is stacked against you. We’re here to balance the scales.
Your Legal Options When an Employer Refuses to Cooperate
If you’ve exhausted other avenues and your employer still hasn’t reported the injury, it might be time to take legal action. This could involve:
- Filing a formal complaint with the Florida Division of Workers’ Compensation
- Pursuing a civil lawsuit if your employer has no insurance
- Filing a retaliation claim if adverse action was taken against you
We can help you evaluate your options and determine the best course of action. Every case is different, and we tailor our legal strategy to your unique situation.
Real-Life Scenarios We’ve Handled
We once represented a warehouse worker in Orlando who slipped on a wet floor and tore his ACL. His supervisor insisted it was his fault and refused to report the incident. By the time he contacted us, he was unable to walk and facing thousands in medical bills. We stepped in, filed the injury with the insurance carrier directly, and secured full medical and wage replacement benefits for him.
In another case, a construction worker in Miami was injured by falling equipment. His employer claimed the incident never occurred. We obtained security footage and witness statements to prove the injury happened at work. Not only did we recover lost wages and medical benefits, but we also pursued a retaliation claim after the employer fired him.
Our firm is committed to holding employers accountable.
Don’t Wait—Take Control of Your Claim
If your boss won’t file your injury report, don’t assume you’re out of options. You have rights under Florida law, and you are not alone. We urge you to contact our office as soon as possible. The longer you wait, the harder it can be to recover what you are owed.
As a dedicated workers’ compensation law firm in Florida, Sternberg | Forsythe, P.A. is here to fight for you. Whether you need help reporting your injury, understanding your rights, or appealing a denied claim, we are ready to advocate on your behalf.
Contact us today to schedule a free consultation with a workers’ compensation lawyer in Florida. Let us help you get the justice you deserve.