Exceptions To The 30-Day Reporting Requirement

If you are injured on the job in South Florida and want to be eligible for workers’ compensation coverage, you will need to take specific steps that are required under Florida workers’ compensation law. One of those required steps is to report your workplace injury to your employer as soon as possible, but at the latest within 30 days from the date of the injury. The statute specifically says: “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.” The reporting requirement is taken seriously, and it is important for employees to report their injury within the required time window.

At the same time, it is important that you do not panic if you have missed the 30-day time window. Florida workers’ compensation law has certain exceptions to the rule, and there is a possibility that your case falls into one of the exceptions. If you are in this situation, you should get in touch with a Fort Lauderdale workers’ compensation attorney as soon as you can to learn about your options for obtaining workers’ compensation coverage. In the meantime, we can discuss potential exceptions to the rule so that you have a better understanding of whether or not your situation may satisfy one of the exceptions to the rule.

Four Possible Exceptions to 30-Day Reporting Requirement Window 

What are the potential exceptions to the requirement that an injured worker report their injury within 30 days? The Florida Statutes list four possible exceptions, which specifically include the following as they are written in the statute:

• The employer or the employer’s agent had actual knowledge of the injury;
• 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;
• The employer did not put its employees on notice of the requirements of this section by posting notice; or
• Exceptional circumstances.

There is no specific definition of what constitutes “exceptional circumstances,” but if you do not meet one of the first three exceptions, it is possible that you could be able to prove that “exceptional circumstances” prevented you from reporting your injury to your employer within 30 days from the date of its occurrence.

Contact Our Fort Lauderdale Workers’ Compensation Attorneys for Assistance 

Workplace accidents can be extremely disorienting, and you might now know precisely what steps you will need to take in order to be eligible for workers’ compensation benefits. While it is important to follow the steps that are required for workers’ compensation eligibility, including reporting your workplace injury within the 30-day time limit, it is important not to panic if you have already missed this deadline. As soon as you can, you should get in touch with an experienced Fort Lauderdale workers’ compensation lawyer at the Law Offices of David M. Benenfeld, P.A. to find out if one of the exceptions to the reporting requirement may be applicable to your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.185.html