After an employee has suffered an injury at work or while performing their duties away from their employer’s physical location and they are eligible to receive workers’ compensation benefits, their employer is expected to report the injury to their insurer once notified of it. Employees should report their injury to their employer within 30 days from the date the incident occurred, although it would be more beneficial for them to do it directly after the accident happened. If an employee learned at a later date that the work incident they were involved in resulted in them suffering an injury, then the Florida Division of Workers’ Compensation says they have 30 days from the date they spoke with their physician to report their work-related injury.

Once an employer has been made aware of an incident, they are expected to report the injury to their insurance company within a timely manner so that the claims process can begin. Unfortunately, some employers may choose not to report an employee’s injury, which only adds for stress to what an employee may already be experiencing. Some of the reasons why an employer may decide not to report an employee’s work-related injury include:

  • The injury doesn’t seem serious to them.
  • They don’t want to provide benefits to the employee.
  • They mislabeled the employee with a position that doesn’t qualify for workers’ compensation benefits.
  • They aren’t carrying workers’ compensation insurance and could be penalized for their failure to do so.

 

What can an employee in Miami do if their employer puts off contacting their insurer to report their work-related injury?

 

Because workers’ compensation will generally provide medical coverage and partial wage replacement benefits to those who qualify, it is important for an employee to get their claim filed so they can begin receiving these benefits. In the event an employer will not report an employee’s injury to their insurance carrier, the employee can either:

  1. Contact the insurance carrier directly to report the injury themselves. employers should have this information posted, however, some may not.
  2. If an employee is unaware of who their employer’s insurer is, they can contact the Employee Assistance and Ombudsman Office at (800) 342-1741 which may be able to help them obtain this information.
  3. If that doesn’t work, the employee might then consider contacting a Miami, FL workers’ compensation lawyer.

 

Employees who run into issues with their employer before their claim has even been filed are encouraged to contact a Miami, FL workers’ comp attorney as there are likely more issues to arise. The last thing any injured employee needs is to have to deal with an employer or even an insurer that doesn’t want to process their claim and provide them with the benefits they are due. With that said, if an employee is having trouble obtaining workers’ comp benefits, they are encouraged to contact Mario Trespalacios P.A.

 

Mario Trespalacios P.A. can be contacted at:

 

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

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