- Workers' Compensation
One of the first things our Tampa workers comp attorneys ask a new client is whether they reported their workplace accident to their employer. For the most part, our clients explain that they did report it. However, there are times when they just weren’t sure what they were supposed to do.
Here, we’ll explain the best way to report your workplace injuries.
You Must Report All Workplace Injuries to Your Employer Immediately
Most of us have suffered some sort of workplace injury in the past. Maybe you tripped and hurt your ankle. Or perhaps you’re a cook and you burned yourself in the kitchen. These things tend to happen.
Other times, you suffer a workplace accident that is serious enough to send you to the emergency room. What you need to know, for workers compensation purposes, is that you should really report any workplace injury to your employer. It doesn’t matter how minor you may think it is.
Florida Workers Comp Law Gives You 30 Days to Report Your Injuries
According to the workers compensation laws in Florida, you have thirty (30) days from the date of your injury to report it. Of course, if you don’t learn that you’ve suffered an injury, you can’t report it until you do.
The way the law works is that your thirty days will technically start the day you learn of your injury. Our Tampa workers comp attorneys never think you should wait this long. In fact, there really isn’t any reason why you shouldn’t report your workplace accident the day it happens. If you’re interested in learning more about why would your Florida Workers’ Compensation claim be denied, visit this page.
Technically, You Don’t Have to Report Your Workplace Accident in Writing
One question some of our clients ask is whether they have to report their workplace accident in writing. This is a good question.
Most employers have policies in place that dictate how this should be done. For example, it’s common for managers to require their employees to fill out an incident form. If this is the case, you need to make sure you follow that policy.
However, there are times when your injuries don’t really allow you to do this. You may have to go directly to the emergency room. If this is the case, you can report it verbally. Just remember – you need to follow up with something in writing just to be safe.
Give Your Tampa Workers Comp Attorney a Copy of Your Incident Form from Work
Once you meet with your workers’ comp lawyer in Tampa, make sure to give them a copy of your incident report. The same is true if you emailed a notice to your manager or Human Resources department.
The reason you want to have something in writing is that your employer can deny that you reported your injury. If you don’t have anything to prove that you reported it, there will be nothing to back up your story.
Your Workers Comp Lawyer in Tampa Can Report Your Injury Via Email
If you retain your Tampa workers comp attorney early enough, they can send notice of your injury to your employer. They can do this via email or send a notice via certified mail.
You may wonder what happens after you report your injuries. Your employer has seven (7) days to file their “First Injury Report” to the Florida Department of Financial Services, Workers Compensation Commission and their insurance carrier.
What Happens After You Submit Your Workers Compensation Claim to Your Employer?
Once you report your injury, your employer will submit your claim. If you have a feeling that they haven’t done this, reach out to your workers’ comp lawyer in Tampa.
Your company should have information posted somewhere on the walls telling you how to file your own claim. If you can’t find this information, contact the Bureau of Employee Assistance and Ombudsman.
They can help you file your claim and let your employer know that your claim is pending. This should prompt them to do the right thing. If this doesn’t work, let your Tampa workers comp attorney know.
Your Tampa Workers Comp Attorney Knows Your Employer Only Has 7 Days to Report Your Injury
Your Tampa workers comp attorney knows how long your employer has to file their “First Injury Report.” If they don’t do this within seven (7) days, you can simply file your claim yourself.
Of course, your lawyer will help you do this. It can be a complicated process. More importantly, if you don’t do it right the first time, you risk having your claim denied.
Your Workers Comp Lawyer in Tampa Can Always Report Your Claim to the Insurance Carrier
In addition to letting the Florida Workers Compensation Commission know about your injury, your employer also has to tell the insurance company. The only way your workers’ compensation claim can be processed is by filing a claim with the insurance carrier.
When your employer files your claim, they also have to provide the insurance company with your wage information.
Specifically, your employer must provide them with your 13-week wage report. This way, the insurance adjuster handling your claim knows what your average weekly wages are.
Call and Schedule Your Free, Initial Consultation with a Tampa Workers Comp Attorney Today
If you were injured on the job, you should be able to count on your employer to take care of you. Unfortunately, if you don’t report your injury right away, your employer may decide to deny your claim. Our Florida workers comp attorneys have seen it happen time and time again.
Hopefully, you now have a better understanding of how to report your claim so that you protect your legal rights. If you do what you’re supposed to do and your claim is still denied, let us know.
You can call our office and schedule a free, initial consultation with a workers’ comp lawyer in Tampa at any time. You can also do this through our website if that’s more convenient for you.
