What Happens If My Employer Doesn’t Submit My Workers Comp Claim to the Insurance Company?

Every now and then, our Tampa workers’ compensation lawyers meet with someone whose employer refuses to submit their workers’ comp claim. It can be more than a little disheartening to find out that your employer doesn’t believe that you got hurt on the job. 

Regardless of the reason why your employer chose not to submit your injury claim, your workers’ comp attorney in Tampa will do what they can to help.

You Must Report Your Injuries to Your Employer Within 30 Days

One thing that’s important is that you report your workplace accident immediately. Technically, you have thirty days to do this. However, the longer you wait, the harder it will be for your workers’ comp attorney in Tampa to prove your injuries occurred at work.

We suggest that you report your injuries immediately – the same day as your accident if that’s possible. Of course, if your injuries were serious, you may need to wait a day or two to report it. If you’re in the hospital or in terrible physical shape, it can take longer than normal.

There Are a Few Things You’ll Want to Do When You Report Your Workplace Accident

Our workers’ compensation lawyers in Tampa recommend that you take the following steps when you report your workplace accident.

As long as you follow these steps, there’s a good chance your workers’ compensation benefits will be protected.

  • Notify your manager or supervisor in writing
  • Get your manager to sign the document and make a copy for yourself
  • Make a note of the date and time that you report your injuries
  • Send an email to your manager and the Human Resources department to follow up on your notice
  • If your company uses an incident or accident form, report your injuries on that form
  • Send your workers comp attorney in Tampa a copy of this form immediately after your report your accident

Of course, this list isn’t exhaustive. There are other things you can do to protect your right to benefits. The point is – when you report your injuries, make sure you can prove you reported it. 

Your Employer Must Report Your Injury Within 7 Days

Once you report your workplace accident, your employer only has seven (7) days to report it to their insurance carrier. When they submit notice of your accident, they must also provide the insurance company with the following information:

  • The name, address, and nature of the company’s business
  • Name, social security number, address, position, and phone number of the employee
  • The nature of the injury
  • Summary of what happened
  • When the accident was reported
  • The date and location where the injury took place

Once the insurance company receives this information, they must report it to the State Division of Workers Compensation.

When Do the 7 Days Start?

If you’re wondering when the seven days start, don’t worry. You’re not alone. According to Florida Statute §440.185, the seven days start either on the date of your accident or the date your employer became aware of it.

If your employer doesn’t report your injuries as required by law, they will be fined at least $500. They can be fined for each occurrence of this sort. If they don’t report your workers’ comp claim as required, your Tampa workers’ compensation lawyer can help you file it on your own.

A workplace accident report needs to be filed as soon as possible

If They Do Submit Your Workers Comp Claim, the Insurance Company Must Report It Within 14 Days

Once the insurance carrier receives your workers’ comp claim, they have to let the State know. They have fourteen (14) days from the date of receipt to let the Division of Workers Compensation know you submitted a claim.

They also have three (3) days from the date of receipt to send you a brochure that explains how workers’ compensation works. If you don’t get this information, let your workers comp attorney in Tampa know. 

They’ll reach out to the insurance company. They can also let the Employee Assistance of the Ombudsman’s Office know as well.

Your Tampa Workers Compensation Lawyer Can File Your Claim if Need Be

If you’re worried about the insurance company not receiving your workers’ comp claim, it’s okay. Your lawyer will file a workers comp claim with the insurance company on your behalf.

Once the insurance company receives your information, they’ll assign a claim number to your case. They’ll also have to reach out to your employer and find out why they didn’t report it. 

Your Employer Refuses to Submit Your Workers Comp Claim or Is Negligent

There are different reasons why your employer may not submit your workers’ comp claim in a timely fashion. They may have simply lost track of it. Or the reason may be more sinister.

Your employer may not believe that you really got hurt on company time. Or they think you’re exaggerating your injuries.

Another reason why they may drag their feet is that they don’t want their premiums to go up. Worst case, they don’t have workers’ compensation insurance. If this is the case, your workers’ comp attorney in Tampa will find out soon enough.

Your Tampa Workers Compensation Lawyer Will Make Sure You Get the Benefits You Deserve

It can be extremely frustrating to learn that your employer hasn’t filed your workers’ comp claim. It’s bad enough that you were hurt on the job. It just adds insult to injury for them to do this. That’s why it’s a good idea to contact a workers’ comp attorney in Tampa immediately after your workplace accident.

Once you retain our services, we can always file your workers’ comp claim directly with the insurance carrier. If your employer won’t provide you with their information, your workers’ compensation lawyer in Tampa can get it on their own.

You shouldn’t have to wait for your benefits to kick in simply because your employer is negligent. The same thing is true if they chose not to report your injuries. They don’t get to make this decision.

Contact our office today so we can schedule your free, initial consultation. Take the time to sit down with a workers comp attorney in Tampa. They’ll get to the bottom of the issue and make sure the insurance company is notified right away.

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