- Sternberg | Forsthye PA
We know how important it is for an employer to meet their legal duty to report a workplace injury. When an employer refuses, it is not only a violation of the law but also a serious setback to an employee’s recovery and financial stability.
Our Florida workers’ compensation attorneys have guided countless clients through this exact challenge, ensuring they still receive the benefits they deserve. If your employer will not file the report, we are prepared to step in immediately to protect your rights and hold them accountable.
Why Your Employer Must Report Your Injury
Florida Statute Section 440.185 – Employer’s Duty and Consequences
Under Florida Statute section 440.185, once an employer has knowledge of a workplace injury or illness, they have a legal duty to report it to their insurance carrier within seven days. They must also provide the employee with a copy of the First Report of Injury or Illness.
Failing to report can trigger administrative fines of up to $500 per violation, imposed on the employer. These fines are not paid by the insurance company but by the employer directly. The law is designed to encourage prompt reporting so injured workers receive medical treatment and wage-loss benefits without unnecessary delays.
Your Rights as an Injured Worker
As an injured employee, you must notify your employer as soon as possible, but no later than 30 days after the incident or from the date you become aware of a work-related condition. If you fail to do so, you may lose your right to benefits unless an exception applies.
Exceptions include situations where the employer already knew of the injury, where the injury was not immediately apparent, or where the employer failed to post legally required workers’ compensation notices.
Even if your employer refuses to act, you are not without options. You can still take steps to protect your benefits, and Florida law gives you the ability to bypass your employer’s inaction.
What to Do Immediately After Your Employer Refuses to Report
Document Your Injury and Reporting Attempts
Detailed records are your strongest defense. Write down the date, time, location, and circumstances of your injury. Keep a log of when and how you notified your employer, including names of supervisors, times of conversations, and copies of any emails or written notices. If your employer later claims they were unaware, your documentation will prove otherwise.
Report the Injury Yourself
If your employer refuses to report the injury, Florida law allows you to contact the workers’ compensation insurance carrier directly. The carrier’s contact information should be posted in your workplace, often on a notice board or break room wall. If it is not posted, that is another violation by your employer.
Use Florida’s Assistance Resources
The Division of Workers’ Compensation has an Employee Assistance and Ombudsman Office that helps workers in these situations. You can call their hotline at 1-800-342-1741 to find out the name of your employer’s carrier and how to report directly. This step can start your claim even without employer cooperation.
Understanding the Impact of Non-Reporting
Potential Denial of Your Benefits
The most immediate risk of an employer’s refusal is a delay in benefits. Florida law is strict about timelines. If the report is not made and the claim is not filed in time, your benefits may be denied. That means no coverage for medical treatment, therapy, or lost wages.
The Claim Clock May Be Delayed
In some cases, the statute of limitations—the two-year period to file a claim—may be tolled, or paused, because of an employer’s failure to report. However, this is not automatic, and proving it can be complex. This is one area where having a Florida workers’ comp attorney can make the difference between preserving your claim and losing it entirely.
Administrative Penalties for the Employer
Employers who refuse to report can face enforcement action by the Division of Workers’ Compensation, including fines for each violation. While these penalties do not directly put money in your pocket, they help reinforce compliance and deter future violations.
How We Help as Your Florida Workers’ Compensation Attorney
Assertive Case Development
We begin by gathering every piece of evidence that shows you met your obligations. This can include incident reports, witness statements, medical records, and proof of your attempts to report. We present this evidence clearly to the insurance company or the state to show your claim is valid.
Direct Filing with the Carrier or DWC
If your employer has ignored their duty, we can bypass them entirely. We will file directly with the insurance carrier or, if needed, with the Division of Workers’ Compensation. We handle the paperwork, ensure the claim is filed correctly, and keep it moving forward.
Holding the Employer Accountable
We pursue administrative penalties or actions against employers who shirk their responsibilities, leveraging Florida law to protect your rights.
Clarifying Timing and Limitations
We analyze the statute of limitations. If non-reporting delays your opportunity to file, we argue for tolling the deadline. We protect your access to compensation.
Personalized Advocacy
We guide you through next steps: obtaining medical care, securing wage-replacement benefits, and representing you if disputes arise. We position ourselves as your advocate to make the system work for you.
Real-World Impact and System Data
Florida’s Workers’ Compensation Landscape
In fiscal year 2023–24, Florida’s Division of Workers’ Compensation processed more than $1.6 billion in medical payments related to work injuries and issued thousands of lost-time claims across major industries like retail, construction, health care, and transportation. These figures highlight the volume of workers relying on the system and the importance of employers doing their part to report injuries promptly.
Competitive Insurance Market
Florida maintains a strong workers’ compensation insurance market. As of 2022, private insurers provided approximately 97 percent of coverage. This competitive environment supports timely claim processing when employers comply with the law.
Preventive Steps for Employers and Workers
Employers Should Post Proper Notices
Employers are legally required to post a workers’ compensation notice containing the name and contact information of their insurance carrier. This should be in a visible location where employees can easily find it.
Employees Should Report Immediately and in Writing
Even if you verbally notify your employer, follow up with a written statement. This creates a documented record of your compliance with the law and prevents disputes later.
Seek Legal Help Sooner Rather Than Later
The longer you wait, the harder it can be to recover benefits. If your employer refuses to report your injury, contact us immediately so we can start protecting your claim.
Frequently Asked Questions
Can I sue my employer for not reporting my injury?
Generally, no. Florida’s workers’ compensation system is designed to replace lawsuits with a benefits process. However, you can still file a claim directly with the insurer or with state assistance, and we can help enforce your rights.
What if I reported late?
You may still be eligible if certain exceptions apply, such as your employer having prior knowledge of your injury or failing to post required notices. We can evaluate your situation and fight to preserve your claim.
Does non-reporting stop the claim clock?
It can, but it is not automatic. In some situations, the statute of limitations is paused until the employer’s failure to report is corrected. We know how to build the evidence for this argument.
How much time do I have to report my injury?
You have up to 30 days from the date of the accident or the date you knew your injury was work-related. Your employer must then report it within seven days.
Who enforces employer reporting obligations?
The Florida Division of Workers’ Compensation enforces compliance, investigates violations, and issues fines when necessary.
You Do Not Have to Face This Alone
If your employer has refused to report your injury, you may feel stuck, frustrated, and worried about your future. The law is on your side, and so are we. At Sternberg | Forsythe, P.A., our work injury lawyer in Florida and our Florida workers’ comp attorney team are ready to take action.
We will help you document your injury, bypass your employer’s inaction, navigate strict deadlines, and ensure your claim is handled properly. Contact us today for a consultation so we can start protecting your rights and securing the benefits you deserve.
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