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Florida Work Injury – Reporting an Injury to Your Employer

January 8, 2010

The following is an expert answer given by Florida work injury lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question:
From the time of knowledge, how long do I have to report a injury to my employer (Florida).

Answer:
I am not sure what you mean by the "time of knowledge", but Fla. Statute section 440.185 details when a Florida work injury must be reported to the employer.  It says:

440.185  Notice of injury or death; reports; penalties for violations.– (1)  An employee who suffers an injury arising out of and in the course of employment shall advise his or her employer of the injury within 30 days after the date of or initial manifestation of the injury. Failure to so advise the employer shall bar a petition under this chapter unless:

(a)  The employer or the employer’s agent had actual knowledge of the injury, i.e. accident in employers truck, observing bleeding by employee, etc.;

b)  The cause of the injury could not be identified without a medical opinion and the employee advised the employer within 30 days after obtaining a medical opinion indicating that the injury arose out of and in the course of employment;

(c)  The employer did not put its employees on notice of the requirements of this section by posting notice pursuant to s. 440.055; or

(d)  Exceptional circumstances, outside the scope of paragraph (a) or paragraph (b) justify such failure.  Exceptional circumstances require that some uncommon or extraordinary event prevented the claimant from timely filing an accident report.

Once you report the injury/accident to your employer, the employer is required to fill out a First Report of Injury within 7 days, placing its WC insurance company on notice of the claim.

This is the general rule, and not all dates of accident are obvious.  There are different Florida Statutes that apply to different situations, such as F.S. 440.02(1) for exposure to a toxic substance; F.S. 440.151(2) for occupational disease; F.S. 111.18 The Heart/Lung Bill for Firefighter.

If you have a question about a particular set of facts, you should consult with an experienced Florida work injury lawyer to evaluate all the facts related to your claim.

For more information about a Florida work injury, contact Florida work accident compensation lawyer Joseph M. Maus at 1-866-556-5529 or email him today.

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