Reporting a Work Accident or Injury
Were you injured at work? Protect your rights and call Vaughan Law Group today to discuss your legal options.
Being injured on the job can have a devastating impact on the mental, physical, and financial health and wellbeing of a victim. Over 185,000 people are injured on the job in the United States every year. Many of these workers sustain injuries in Florida.
When victims are injured on the job, it is crucial that they report the accident and any injuries as soon as possible. Waiting too long can have a detrimental impact on a victim’s ability to collect compensation and other benefits during their recovery.
Who Do I Report a Work-Related Injury to?
If you are injured on the job, you may not be sure of what you should do immediately following the accident. In many situations, injured workers will seek treatment and assessment from their own primary care doctor. Florida workers’ compensation laws are not always favorable to injured workers who take these actions.
There are various steps that injured workers will need to take immediately after their accident, and in the future, to ensure they are able to obtain the benefits they need to recover.
Get Medical Attention as Soon as Possible
It is imperative for you to seek medical attention as soon as possible. In emergency situations, you may not have the opportunity to notify your employer prior to seeking medical treatment. In these cases, it is acceptable to keep track of the medical records surrounding your injuries and report the incident as soon as you are able to.
The majority of accidents result in situations where the injured workers are able to provide adequate notice to their employer. In these cases, your employer will guide you on where to seek medical treatment for your injuries. Many employers have established protocols or set procedures that they follow after an employee is injured. This can require filling out paperwork and seeking medical treatment from a specific doctor. It is important to find out the requirements whenever possible to ensure your ability to obtain coverage for medical treatment and other damages.
Seeking Medical Treatment
When workers are injured on the job, it is important that they do not rush out to seek treatment from their own doctors. In most situations, workers will not be able to receive medical treatment from a doctor not provided by the employer. Seeking medical treatment from authorized physicians means that all costs for care will be covered by your employer.
Some of the costs that are related to treatment that may not be covered by the employer may include unauthorized treatments such as:
- Seeing a specialist without a prior referral from the authorized doctor.
- Seeing any doctor that is not specifically recommended by your employer.
- Treatment provided to you by your own doctor.
- Obtaining a second opinion without prior approval from your employer.
It is absolutely imperative for injured workers to seek medical treatment from a doctor who is approved to provide them with the care they need. Doing so ensures not only that injured workers obtain the medical treatment they need, but also that they can receive quality care at no cost.
Information Surrounding the Employer Notification
Injured workers are required to notify their employer of an accident resulting in injuries within a specific period to ensure their legal rights are protected. Florida workers’ compensation laws state that employees must report injuries to their employers as soon as possible.
Generally, workers are afforded 30 days to file a claim with their employer to ensure they are covered by their insurance policy. Conversely, workers who acquire workplace diseases have up to 90 days to notify their employers of their illnesses, injuries, and diseases.
If you fail to notify your employer in a timely manner, it can result in the forfeiture of your rights to obtain workers’ compensation benefits.
What to Do if Your Employer Will Not Report Your Injury to their Insurance
In order for an injured worker to receive benefits under workers’ compensation, they must report the incident to their employer in a timely manner. From there, their employer is required to report the incident to the workers’ compensation insurance carrier.
There are instances where employers do not report incidents to their insurance company. When this happens, you have the ability to contact the insurance carrier directly and report the incident yourself. You may also contact the Employee Assistance and Ombudsman Office for assistance obtaining information if the insurance carrier’s information is not posted.
You can benefit greatly by working with an aggressive and competent workers’ compensation attorney in Florida who can guide you through the claims process and ensure you obtain the benefits you need and deserve.