John F. Sharpless Workers Compensation Law Blog on Lawyers.com

     In my practice I will frequently speak with injured workers whose claims have been denied by the insurance company because they allegedly failed to report the injury to the employer.  In Florida, the general rule is that an employee must advise the employer of an injury within 30 days of the date of or initial manifestation of the injury.  There can be exceptions to this rule if the employer actually knew of the injury, if the injury couldn't have been identified without a medical opinion, if the employer did not post notice of the requirement, or if exceptional circumstances justify a failure to give notice.

     Employers generally do not like workers' compensation claims and therefore there is an inherent conflict between an employer and employee reporting an injury.  I can't tell you how many cases I have experienced where the employee claims they told there supervisor about an injury, and the supervisor does not remember the report of injury or denies that it was ever reported.

     Frequently a person will experience a pop, twinge, sharp pain, or other symptom while working, but will not feel that they are seriously injured.  I often hear people say, "I thought it would go away..."; "I woke up three days later and couldn't move..."; or "I didn't want to upset my employer or lose my job and thought it would get better..."  Although these are perfectly logical reasons not to initially report an injury, employers frequently interpret this as a sign that the injury did not really occur, ocurred off-the -job, or was not the result of an accident or employment.  Employers frequently do not know the law or have internal policies requiring reporting quicker reporting that are inconsistent with the law.  Realize that a report of injury within 30 days is legally sufficient under Florida workers' compensation law, regardless of the employer's policy or internal requirements.

     Although a verbal statment to the employer can be enough to prove that proper notice of injury was given, it can create a "he said, she said" situation.  A letter, certified letter, fax, e-mail, or writing is much better and can make proof of notice much easier.  (Always keep a copy.)  Keep in mind that other issues may come into play in giving notice and if you have questions, speak with a lawyer specializing in workers' compensation law.  My firm has answers to other frequently asked questions at: http://www.tampassd.com/wcfaqs.html