After reporting an injury to your employer, you expect him/her to then report the injury to the insurance company. You should then receive an approval or denial, and you move forward from there. What if you find yourself in a situation where your employer refuses to report your injury to the insurance company?
According to Florida law, within three days after reporting your injuries, your employer must provide information regarding your rights, responsibilities and the workers’ compensation law. Within seven days, your employer must report the injury to the State of Florida and its carrier. These are your employers’ obligations, and if the employer fails to abide by the rules, there can be consequences. Luckily, if your employer violates your rights in this manner, you still have a chance to get what you deserve, even if it seems that your employer is the only liaison between you and the insurance company. Please note, however, that these alternatives require legal guidance.
Prior to consulting with an attorney, here are three things we recommend you do:
Document the Accident in Writing
Have your employer fill out an accident/incident report less than 30 days after the incident. This helps in hold your employer accountable, and in the future if you have to take legal action you will need written evidence of injury. Be sure that your employer signs this report, and don’t forget to give as many details as you can about the accident and your injury.
Call the Insurance Company
Being proactive always helps, especially in this case. If your employer denies or delays reaching out to the insurance company, you should reach out to the insurance company yourself. It is best to have any and all contact in writing rather than oral. If you don’t have an email or fax or address, then call the insurance company on your own. Give the adjuster all the information you can think of about the accident, including any witnesses who were present and any pictures of the scene AND remember to advise about injuries and make it clear you need medical care. The insurance carrier should then call the employer to discuss the events you describe/report, which can help move the process forward.
Seek Care Once You Obtain the Refusal
If you have any pain after the accident, see a doctor/urgent care or emergency room. Give a complete history of how you were injured and remember to include that it occurred at work. Although you may have to initially pay for the treatment out of pocket OR be responsible in writing for the care, a reimbursement request can be sent on your behalf once you hire an attorney.
If you seek legal guidance, keep in mind that if the insurance company doesn’t have detailed information, any and all medical treatment/lost wage benefits will be delayed, and this is out of your attorney’s control.
Think you may have a workers’ compensation case? Contact one of our experienced workers’ compensation attorneys today.