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What to Do If You’re Injured at Work and Your Employer Refuses to Report the Injury

Dec 15, 2025 | Worker's Compensation

Suffering a workplace injury — whether at a construction site in Port Saint Lucie, inside a warehouse in Fort Pierce, or at a healthcare facility in Stuart — is stressful enough without your employer refusing to report it. Yet this happens far too often: employers may delay, ignore, or deny reporting injuries to avoid increased insurance premiums or OSHA scrutiny.

If your employer refuses to report your workplace injury, that doesn’t mean your rights disappear. Florida has clear laws protecting injured workers, and understanding these rights — and your next steps — is essential for accessing medical care and workers’ compensation benefits.

Why Employers Must Report Workplace Injuries in Florida

Under Florida workers’ compensation law (Chapter 440, Florida Statutes), employers are generally required to report work‑related injuries to their insurance carrier within 7 days of being notified of the injury. This includes injuries from:

  • Slips, falls, or heavy lifting

  • Repetitive motion or ergonomic harm

  • Heat exhaustion or chemical exposure

  • Vehicle accidents while on the job

Failing to report not only harms you — it can also violate state reporting requirements.

STEP‑BY‑STEP: What to Do If Your Employer Won’t Report Your Injury

1. Seek Medical Attention Immediately

Your health comes first.
Visit a doctor, urgent care, or emergency room — and make sure the medical provider documents that the injury occurred “on the job.” Even if your employer resists reporting the claim, your medical records are evidence of the work‑related injury.

Document:

  • What happened

  • When it happened

  • Symptoms and limitations

  • Medical treatment and orders

This becomes critical if you later pursue a claim on your own.

2. Report the Injury in Writing

After seeking treatment, put your injury report in writing — even if your employer hasn’t done so. Provide:

  • Date, time, and location of the injury

  • What caused it

  • Witness names (if any)

  • Your signature and date

Send it via certified mail or email with read receipt to:

  • Your employer or supervisor

  • HR or safety department

  • Workers’ compensation contact (if known)

This written record protects your claim and establishes the employer was informed.

3. Follow Up If They Don’t Act

If your employer doesn’t report the injury to their insurance within a few days of your written notice:

✔ Call their workers’ compensation insurance carrier directly
You have the right to file a claim with the insurance company even if your employer won’t.

✔ Document your communications
Log dates/times of calls, emails, and responses — or lack thereof.

Having a timeline of attempts strengthens your case.

4. File a Petition With the Florida Division of Workers’ Compensation

If your employer still refuses, you can escalate the matter by filing a Petition for Benefits with the Florida Division of Workers’ Compensation (DWC). The DWC can:

  • Order your employer to report the injury

  • Require payment of medical expenses

  • Enforce wage‑replacement benefits

  • Penalize the employer for non‑compliance

This petition starts a legal process that often leads to a hearing or mediation.

Your Rights After a Workplace Injury

Medical Benefits

Once your claim is established, you’re generally entitled to:

  • Doctor visits and specialist care

  • Diagnostic tests

  • Prescriptions and physical therapy

  • Medical devices and durable medical equipment
    (Copays can vary depending on your policy)

Lost Wages (Temporary Disability)

If your injury prevents you from working, you may be eligible for:

  • Temporary Partial Disability (TPD) — if you can work limited hours or duties

  • Temporary Total Disability (TTD) — for full recovery time

Florida sets these benefits as a percentage of your average weekly wage.

Permanent Impairment

If your injury results in lasting disability, you may qualify for additional compensation beyond temporary benefits.

What If You’re Retaliated Against for Reporting?

Florida law prohibits employers from retaliating against employees who report injuries or assert workers’ compensation rights. Retaliation can include:

  • Termination

  • Demotion

  • Reduced hours

  • Harassment or unsafe work practices

If you suspect retaliation, you may have a separate legal claim — and deserve strong advocacy.

Quick Tips to Protect Your Claim

✔ Always report the injury immediately — the law expects notification “as soon as practicable.”
✔ Keep copies of all reports and medical records.
✔ Ask for a copy of the employer’s workers’ compensation policy.
✔ Don’t allow your employer to pressure you into signing unrelated documents.
✔ Speak to an experienced workers’ compensation attorney early — it can make the difference in your benefits.

Workplace injuries are stressful enough — and having your employer refuse to report them can make it feel even worse. But that refusal doesn’t strip away your rights. In Florida, you still have options to secure medical care, wage benefits, and legal advocacy — even if your employer resists.

If you’ve been injured at work in Port Saint Lucie, Fort Pierce, Stuart, Vero Beach, or elsewhere on the Treasure Coast and your employer refuses to report the injury, you don’t have to navigate this alone. An experienced workers’ compensation attorney can help you take action, protect your rights, and pursue the benefits you deserve.

Justice is more just with a lawyer you can trust.