Work Accidents: How Long Can Your Employer Wait to Report your Claim to its Insurance Company?
If you are hurt at work and only minor first aid is given at the job-site, without paid medical treatment and you are not missing time from work due to the accident, your employer does not have to report your work accident to its workers’ compensation insurance company. However, your employer must keep a record of the accident and some basic information.
If you have a more significant work accident where you had to get medical attention (what is called a “medical only” claim), your employer must report your work accident within seven (7) days of knowledge of your accident/injury. Medical only injuries are those injuries that require medical treatment, but where the injured worker does not lose more than seven days (7) of work due to the work accident/condition. Employers are expected to report the accident using the DFS-F2-DWC-1 First Report of Injury Form to their workers’ compensation insurance carrier within seven (7) days after the employer knows of the injury. Employers who do not file the DWC-1 within the dictated timeline, face a fine of up to $500.00, from the Florida Division of Workers Compensation, depending on how late it is filed. The minimum fine for filing a late reporting is $100.00. If the filing is more than 28 days late, the maximum fine is $500.00 pursuant to Florida Administrative Code 69L-24.0231(1).
Lastly, “lost time” cases must be reported by your employer within seven (7) days of knowledge of the injury or condition. Lost time cases are those where the injured worker lose more than seven (7) days of work due to the work accident. These are cases where the injured worker will be entitled to compensation either from the workers’ compensation insurance company or occasionally when an employer opts to continue to pay the employee’s salary. Lost time cases are also reported using the DFS-F2-DWC-1 First Report of Injury Form.
If your employer is not promptly reporting your claim to get you medical care and benefits, we can help you investigate your employer’s potential workers’ compensation insurance carrier and report your claim. Please call the workers’ compensation attorneys at Harris Guidi Rosner at (904) 777-7777 for more information or for assistance with your workers’ compensation claim. If it is more convenient, you may email us at mills@harrisguidi.com to schedule a free consultation.
