What if my employer doesn’t report the workers’ compensation claim to the insurance company?
As an employee in Florida, you are entitled to workers’ compensation benefits if you are injured on the job. These benefits are designed to provide financial support and medical care to help you recover from your injuries and return to work. However, what happens if your employer fails to report your workers’ compensation claim to the insurance company?
Under Florida law, employers are required to carry workers’ compensation insurance if they have four or more employees. This insurance provides coverage for medical expenses, lost wages, and other expenses related to workplace injuries. When an employee is injured on the job, it is the employer’s responsibility to report the claim to their workers’ compensation insurance carrier.
If your employer fails to report your claim, it could delay or even prevent you from receiving the benefits you are entitled to. Here are some steps you can take if your employer fails to report your workers’ compensation claim:
Notify Your Employer
The first step is to notify your employer that they have failed to report your claim. Make sure to do this in writing, either via email or certified mail, and keep a copy for your records. Your employer may simply have made a mistake or may not be aware of your injury.
Contact the Employee Assistance Office
If the employer will not report the injury to its insurance company contact Employee Assistance Office (EAO) at (800) 342-1741 or e-mail wceao@myfloridacfo.com. § 440.185, F.S.
Consult with an Attorney
If your employer is not cooperating with your workers’ compensation claim, it may be in your best interest to consult with an attorney. An experienced workers’ compensation attorney can help you navigate the legal process and ensure that your rights are protected. They can also help you negotiate with your employer and their insurance company to ensure that you receive the benefits you are entitled to.
File a Petition for Benefits
If your employer and their insurance company still refuse to provide you with benefits, you can file a Petition for Benefits with the Florida Division of Workers’ Compensation. This is a legal document that formally requests workers’ compensation benefits. You may want to consult with an attorney to ensure that your petition is properly filed and that you have the best chance of success.
In conclusion, if your employer fails to report your workers’ compensation claim to the insurance company, it can be a frustrating and stressful experience. However, by taking the appropriate steps and seeking legal advice if necessary, you can ensure that your rights are protected and that you receive the benefits you are entitled to under Florida law.