What to Do If Your Employer Does Not Report Your Injury 

Being injured at work can be distressing, and when your employer fails to report the injury, it may feel like you are left without support. Florida law provides several protections and procedures you may consider if this occurs. This article offers helpful guidance and is consistent with the most recent Florida statutes to help you understand your options calmly and clearly.

Report the Injury in Writing, Promptly

You are advised to notify your employer of the work-related injury as soon as you can, and ideally within thirty days of the accident or the date a medical provider indicates the injury relates to your work. Florida law cautions that failing to report within thirty days may create obstacles to a claim. As per Section 440.185 of the Florida Statutes, this timeline is considered advisable to preserve eligibility for benefits. 

Putting your notice in writing (for example, via email or letter) helps document the date and nature of the incident. It can serve as clear evidence if questions later arise regarding whether you provided timely notification.

Understand Your Employer’s Reporting Duties

Once an employer knows of your injury, they are expected to notify their workers’ compensation insurance carrier within seven days. That carrier is then required to send you an informational brochure within three days of receiving notice. If these steps are not taken, your employer may be subject to administrative penalties. 

What You Can Do If Your Employer Does Not Report Your Injury

You have the right to report the injury yourself directly to the insurance carrier if your employer does not. Employers are required to post their workers’ compensation insurance information at the workplace. If you are unable to locate that information, you might contact the Florida Division of Workers’ Compensation’s Employee Assistance and Ombudsman Office (EAO) for help. The EAO may assist you in obtaining carrier details and understanding your next steps. They may also help you in informal dispute resolution and education. 

Seek Medical Attention Through Authorized Channels

If the claim proceeds, authorized medical care is generally arranged through the insurance carrier or the employer’s approved provider. It may be wise to maintain clear records of treatment and to inform medical professionals that care is related to a work injury, as this may impact coverage. 

Keep Detailed Documentation

You may find it helpful to maintain a well‑organized record. This could include your written notice to your employer, any responses (or lack thereof), treatment records, witness statements, and a log of communications with your employer, insurer, or the EAO. A thorough record may support later steps, such as filing formal proceedings.

Explore Formal Dispute Resolution if Needed

If your employer continues to delay or refuse to report your injury, and benefits are not forthcoming, you may consider filing a Petition for Benefits with the Office of the Judges of Compensation Claims. Florida statutes typically require such a petition to be filed within two years from the date of injury, although exceptions may apply. According to Section 440.19, the two‑year limit is generally applied. The EAO may assist with dispute‑resolution steps short of litigation, but they do not represent you before judges.

Protect Against Retaliation

Florida law generally prohibits employer retaliation against workers who report injuries or file claims. Section 440.205 provides that it is against the law for an employer to discipline or terminate someone for such actions. If you believe you have faced adverse treatment for reporting an injury, that may be important to document or raise with legal counsel.

Summary

If your employer does not report your injury: notify the employer in writing within 30 days, gather the insurer’s information, and report the claim directly to the carrier if needed. Contact the Employee Assistance and Ombudsman Office for free help locating coverage and understanding next steps. Track your deadlines, including the general two-year period to file a Petition for Benefits and the mediation schedule that follows a petition. Seek medical care appropriate to your situation and coordinate with the adjuster once the carrier is involved. 

Disclaimer: This article is offered for general informational purposes and does not constitute legal advice. Outcomes may vary by individual circumstance. If you are uncertain about your legal rights or deadlines, you may wish to consult a Florida-licensed attorney familiar with workers’ compensation law.