Under Florida’s workers’ compensation law, an employee is required to report a work accident within thirty (30) days. If the injured employee fails to report the accident within the 30 day period, he or she is barred from making a claim. However, there are exceptions.
Under Florida Statute 440.185, the following statutory exceptions to the reporting requirement exist:
- The employer had actual knowledge of the injury;
- The employee could not have known the injury was work related without a medical opinion.
- The employer did not put its employees on notice of the statutory requirement to report injuries within 30 days; and
- The judge of compensation claims finds exceptional circumstances outside the numbered items one and two that justify such failure to report.
Each of these exceptions would require investigation, depositions and potentially a hearing. If you or a friend or family member is injured at work, it is important that you report the injury immediately. If there is a delay in reporting it, still report it. If Florida workers’ compensation benefits are denied, you may require a workers’ compensation attorney to assist you in fighting for your benefits.
As Labor Day weekend approaches, let’s remember to thank those who work to keep America successful. If these workers are injured on the job, insurance companies should fulfill their obligation to provide the necessary and proper medical care so these workers can return to work.
Personal Injury Attorney Matthew Noyes represents those injured on the job and fights insurance companies to provide the proper workers’ compensation benefit provided for under Florida’s work comp law. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.